Settlement Of Medical Disputes In The Field Of Social Security Under Algerian Legislation. (a Comparative Study Between The Former Law No. 83/15 And The New Law No. 08/08).

Abstract

Amid the ongoing evolution of Algeria’s social security framework, medical disputes have emerged as one of the most complex legal issues affecting the relationship between insured persons and social security institutions. The replacement of Law No. 83-15 by Law No. 08-08 marked an important step toward modernizing the mechanisms governing medical expertise and disability appeals. Yet, the new law continues to face practical and procedural challenges, particularly in terms of clarity, independence, and efficiency. This study examines the legal foundations and procedural mechanisms for resolving medical disputes within Algeria’s social security system, with a comparative focus on the two legislative frameworks. Using a descriptive-analytical and comparative method, it explores both the theoretical and practical dimensions of dispute settlement. The research also evaluates whether the current mechanisms-such as medical expertise and the Provincial Disability Committee-ensure genuine neutrality, procedural transparency, and effective protection for the insured. The findings reveal persistent weaknesses, including insufficient procedural safeguards, limited judicial oversight, and the absence of alternative dispute resolution (ADR) mechanisms. To enhance the balance between administrative authority and individual rights, the study recommends clearer procedural deadlines, improved independence of medical committees, and the institutionalization of conciliation and arbitration processes in medical dispute settlement.