المساس بحق التقاضي في منازعات الضمان الاجتماعي

Abstract EN

Social security disputes are those disputes that arise between the insured or the beneficiary of social insurance or those with the rights of the insured on the one hand, and the administrative, medical and technical social security bodies on the other hand, about the rights and obligations resulting from the application of social insurance laws.

In order to facilitate the procedures in the field of social security disputes in general, the Algerian legislator made the administrative leveling system or prior stabbing the basis for seeking to solve them in order to avoid resorting to the specialized judicial bodies, which is considered an exception for this purpose, and then establishing (internal) administrative bodies to decide on the objections submitted against the decisions issued by the Social Security body and to make these procedures part of the public order.

However, violating it leads to the non-acceptance of the lawsuit that contradicts a constitutional principle, which is the citizen's right to litigation.

Therefore, it is necessary to determine the limits of the prior stabbing in a social security dispute with the right to litigation