الاختصاص النوعي للقاضي الاجتماعي في مجال منازعات الضمان الاجتماعي بين الشمولية و التقييد

Abstract EN

This study aims to identify the types of social security disputes that are exclusively reserved for the competence of social judge, as well as disputes that fall outside his jurisdiction, and to demonstrate his role in ascertaining that the conditions are met for the exercise of his material competence.

The socially insured and the right-holders have a right to take legal recourse to restore their violated rights.

However, the exercise of this right is restricted by the requirement for prior administrative redress that must be submitted to the competent internal settlement committees within the social security bodies, as a preliminary and obligatory stage.

The legislator regards the judicial settlement as a stage following the failure of these committees to reach a solution that satisfies the disputing parties, and the law requires that the suit must be brought before the competent judicial authorities in accordance with the legally established procedures.

This study revealed that the material competence of the social judge in the field of social security disputes, stipulated in the Civil and Administrative Procedures Law, is a relative competence that excludes some disputes which are restrictively enumerated in the Law 08/08.