Court of Cassation (Italy)
Encyclopedia
The Supreme Court of Cassation is the major court of last resort in Italy
. It has its seat in the Rome Hall of Justice.
The Court of Cassation exists also to “ensure the observation and the correct interpretation of law” by ensuring the same application of law in the inferior and appeal courts. In addition, it resolves disputes as to which lower court (i.e., penal, civil, administrative, military) has jurisdiction to hear a given case.
Decisions of the supreme court are binding only in the case submitted. The essential roles of the Court of Cassation are to ensure that lower courts have correctly followed legal procedure and to harmonise the interpretation of laws by lower courts through its interpretation. Even though its judgments are not binding outside the case decided, lower courts find those judgments persuasive.
) nine judges hear the case. In addition, a public prosecutor must state his interpretation of the applicable law in every case submitted to the court to aid judges in reaching their decision.
in 1865. The need for this kind of court in Europe became apparent with the Ancien Régime's difficulties in maintaining both uniformity of interpretation and supremacy of the central laws against local privileges and rights
. This kind of court first appeared during the French revolution
. The original French court were initially much more like a legislative body than a judicial one. During his conquests, Napoleon greatly influenced Italian legal theory, and the Court of Cassation was formed using many imported French ideas.
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
. It has its seat in the Rome Hall of Justice.
The Court of Cassation exists also to “ensure the observation and the correct interpretation of law” by ensuring the same application of law in the inferior and appeal courts. In addition, it resolves disputes as to which lower court (i.e., penal, civil, administrative, military) has jurisdiction to hear a given case.
Procedure
Appeal to the Court of Cassation is in most cases not a matter of right, and may only be had on leave to appeal. The Court of Cassation cannot overrule the trial court's interpretation of the evidence; rather, it corrects a lower court's interpretation or application of the law. Appeals to the Court of Cassation generally come from the appeals court, but litigants may also appeal directly from the trial court.Decisions of the supreme court are binding only in the case submitted. The essential roles of the Court of Cassation are to ensure that lower courts have correctly followed legal procedure and to harmonise the interpretation of laws by lower courts through its interpretation. Even though its judgments are not binding outside the case decided, lower courts find those judgments persuasive.
Members
The Court of Cassation is arranged into divisions (i.e., penal, civil, administrative and military). The court has one main president (The First President of the Court of Cassation), a deputy, and each division has its own president. Most cases are heard by a panel of five judges. In some cases (e.g., especially difficult matters of interpretationStatutory interpretation
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is always necessary when a case involves a statute. Sometimes the words of a statute have a plain and straightforward meaning. But in many cases, there is some ambiguity or...
) nine judges hear the case. In addition, a public prosecutor must state his interpretation of the applicable law in every case submitted to the court to aid judges in reaching their decision.
Brief history
The Court of Cassation was reorganized by royal decree number 12 on 30 January 1941, supplanting the previous court provided by the former Italian Civil CodeCivil code
A civil code is a systematic collection of laws designed to comprehensively deal with the core areas of private law. A jurisdiction that has a civil code generally also has a code of civil procedure...
in 1865. The need for this kind of court in Europe became apparent with the Ancien Régime's difficulties in maintaining both uniformity of interpretation and supremacy of the central laws against local privileges and rights
Rights
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory...
. This kind of court first appeared during the French revolution
French Revolution
The French Revolution , sometimes distinguished as the 'Great French Revolution' , was a period of radical social and political upheaval in France and Europe. The absolute monarchy that had ruled France for centuries collapsed in three years...
. The original French court were initially much more like a legislative body than a judicial one. During his conquests, Napoleon greatly influenced Italian legal theory, and the Court of Cassation was formed using many imported French ideas.
See also
- Politics of ItalyPolitics of ItalyThe politics of Italy is conducted through a parliamentary, democratic republic with a multi-party system. Executive power is exercised collectively by the Council of Ministers, which is led by the President of the Council of Ministers, referred to as "Presidente del Consiglio" in Italian...
- Court of cassation (disambiguation) (for other courts of cassation around the world)