Draft Law n°6928 (hereinafter the “Draft Law”) proposes to reorganise the High Council of Social Security (hereinafter the “High Council”), the court of second instance in matters of social security.
The current functioning of the High Council represents several difficulties.
Firstly, the High Council is a non-permanent jurisdiction, which means that it is composed of members of other permanent jurisdictions without the social security being their main activity. Hence, the Draft Law proposes that appeals in matters of social security litigation shall be attributed to a permanent jurisdiction composed of members with functions exclusively dedicated to social security.
Secondly, appeals in matters of social security litigation are expanding and diversifying, which is why such matters need to be analysed by members that are highly qualified. As a consequence, the Draft Law foresees that an appeal in the matter of a social security litigation shall be attributed to one of the divisions of the Court of Appeal.
However, as the High Council must remain an independent jurisdiction, the Draft Law anticipates the creation of a new division in the Court of Appeal, as well as the creation of three different judicial positions in this new division.
Thirdly, since the High Council fails to ensure judicial independence, the Draft Law proposes that the members of the High Council shall be designated by the General Assembly of the Superior Court of Justice.
Lastly, the Draft Law foresees to maintain the oral procedure, and as such, a person may choose to represent themselves or to be represented by a lawyer. Therefore the Draft Law breaks new grounds in matters of judicial representation, as a person could also be represented by a member of the staff delegation, by a member of the represented trade union or by a family member.