Regional Social Court

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The regional social court (LSG) is the middle instance within the social justice system in Germany . According to § 29 of the Social Court Act (SGG), it decides as a court of appeal and complaint on public-law disputes under social law, insofar as these are subject to social justice in § 51 SGG:

  • in matters of statutory pension insurance including the old-age security of farmers,
  • in matters of statutory health insurance, social long-term care insurance and private long-term care insurance
  • in matters of statutory accident insurance
  • in matters of employment promotion including the other tasks of the Federal Employment Agency
  • in matters of basic security for jobseekers
  • in other social security matters
  • in matters of social compensation law
  • in matters of social assistance and the Asylum Seekers Benefits Act,
  • in determining disabilities and their degree as well as other health characteristics
  • in matters of the Law on Continuing Wages
  • in matters for which legal recourse is opened before these courts.

The regional social courts are set up by the federal states. They are free to set up an overarching regional social court together with other countries ( Section 28 (2) SGG). Lower Saxony and Bremen as well as Berlin and Brandenburg have made use of this (see here ). On the other hand, no more than one regional social court may exist in a federal state. However, there is the possibility of setting up a branch outside the seat of the regional social court (Section 28 (1) SGG). Use was made of this in Bavaria (in addition to the seat of the regional social court in Munich there is a branch in Schweinfurt ) and at the regional social court of Lower Saxony-Bremen (in addition to the seat of the regional social court in Celle there is a branch in Bremen ).

The procedure before the state social courts is usually free of charge for insured persons and beneficiaries. If others who do not belong to this group of people take legal action (e.g. employers or service providers), these proceedings are subject to a fee. However, free of charge is currently being discussed with the aim of reducing the number of procedures. It is possible to appeal against judgments of the regional social court or, if this is not admitted, to appeal against the non-admission complaint to the federal social court (Kassel). No complaints can be lodged with the Federal Social Court against the other decisions . The process before the regional social court can be conducted by any natural or legal person with legal capacity (litigious). There is no compulsory lawyer.

The arbitration bodies of the regional social court (Senate) are each made up of a presiding judge , two further professional judges and two honorary judges . Individual specialist panels will be set up for the various legal areas of social insurance and employment promotion, contract doctor law, social compensation law and law for severely disabled persons, as well as basic security for job seekers. The honorary judges are proposed by appropriate professional associations depending on the type of legal matter, e.g. B. in the area of ​​social security one from the ranks of the insured and one from the ranks of the employer. You are appointed for five years.

See also

For the seat and designation of the regional social courts, see the list of German courts # Sozialgerichtsbarkeit .

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