Order No. 15848 of 2024: Jurisdiction of the Court of Auditors and Request for Social Security Certification

The recent order No. 15848 of June 6, 2024, issued by the Court of Cassation, provides important clarifications on the jurisdiction of the Court of Auditors regarding requests for social security certification by public employees. This provision is part of a specific legal context, highlighting how current legislation grants the Court of Auditors exclusive jurisdiction over such matters.

The Regulatory Context

The dispute examined concerns a certification request submitted by a public employee, seeking the issuance of the contribution statement, as provided for by art. 54 of law no. 88 of 1989. The Court reiterated that jurisdiction in matters of public employee pensions falls under the exclusive competence of the Court of Auditors, pursuant to articles 13 and 62 of royal decree no. 1214 of 1934.

Public employee pensions - Request for certification from the social security institution on social security and pension situation (art. 54 l. no. 88 of 1989) - Denial - Jurisdiction of the Court of Auditors - Basis. The dispute concerning the claim for an order against the social security institution to issue the contribution statement, requested pursuant to art. 54 of l. no. 88 of 1989, falls within the exclusive jurisdiction of the Court of Auditors in matters of public employee pensions, ex artt. 13 and 62 of r.d. no. 1214 of 1934, as it is connected to the obtaining and the amount of the pension, being functional to the verification of the correct management of the insurance and pension relationship.

Implications of the Ruling

This ruling has significant implications for public employees who need clarification on their social security situation. In particular, it states that:

• The denial by the social security institution can only be challenged before the Court of Auditors.
• Certification requests cannot be handled by other judicial bodies.
• The correct issuance of the statement is fundamental to guarantee workers' pension rights.

Furthermore, the Court referred to previous case law, such as the United Sections (No. 26252 of 2018 and No. 28020 of 2022), to reinforce its stance, highlighting the importance of correct management of social security procedures.

Conclusions

In conclusion, order No. 15848 of 2024 represents a fundamental reference point for all public employees, clarifying the scope of the Court of Auditors' competence in pension matters. The ruling underscores the importance of addressing competent bodies for the resolution of social security disputes, thereby ensuring adequate access to pension rights. It is essential that workers are informed about how and where to submit their requests, to avoid delays and problems in managing their pension cases.