Blog

Determination of the courts competent to hear social security disputes and admission to social assistance

Following Law No. 2016-1547 of 18 November 2016, aka “J21”, and Ordinance No. 2018-358 of 16 May 2018, Decree No. 2018-772 of 4 September 2018 marks a new stage in the reform of social security and social assistance litigation. It indeed designates the regional courts and the courts of appeal that will have jurisdiction over such litigation.

Law J21 had provided for the abolition of the three current social security courts of first instance, i.e. the 115 social security courts (in French, “TASS”), the 26 disability courts (in French, “TCI”) and the National Court of Disability and Pricing of Workers’ Compensation Insurance (in French, “CNITAAT”). With the new Decree, it is now official that TASS and TCI will be merged and integrated into a social department of local district courts (in French, “TGI”) specially designated in the table attached to the Decree, and that the Amiens Court of appeal will deal with pricing issues. Finally, only certain designated courts of appeal will have jurisdiction to deal with general social security and social assistance civil law disputes under the jurisdiction of the judicial judge.

Now that the issue of the jurisdiction of the district courts and courts of appeal is settled, one still waits for the decree which will set out the procedural rules relating to these disputes. It will presumably be published before 1 January 2019, as it is the date when the reform becomes effective.