Constitutional complaint in social security law

The social courts, as special courts of administrative law, are responsible for special matters: social benefits, pensions, health insurance, care insurance, asylum benefits, payments by employers’ liability insurance associations, etc.

In that regard, the same applies as with constitutional complaints in administrative law: The fundamental rights apply in every respect and must be fully applied both by the authorities involved and by the courts.

If this does not happen, a constitutional complaint promises prospects of success. In practice, there are often procedures against health insurance companies and against professional associations. In the law of the actual social benefits constitutional complaints are rather rare, since here usually only small amounts are in play and the payments are largely determined by the law, so here little (constitutional) dispute arises.

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