Nature and Functions of the Court
The Court of Cassation is the highest judicial authority in Italy. Its primary role is to ensure the correct application of legal rules. It does not re-examine the facts of a case, but focuses on whether lower court decisions complied with the law. In this regard, it serves as a cornerstone for the consistency and unity of the legal system.
Admissible Grounds for Appeal
Not all cases can be appealed to the Court of Cassation. Appeals must fall within the limits set by procedural codes—criminal or civil. In criminal cases, for example, one may appeal for:
- Violation of the law;
- Defects in reasoning;
- Breach of procedural rules.
The Court intervenes only to assess whether the law has been applied correctly.
Complexity of Drafting an Appeal
Filing an appeal to the Court of Cassation requires a strict formal structure and precise legal language. Formal errors—such as failing to specify the reasons for appeal or lacking self-sufficiency in the document—can lead to inadmissibility.
Therefore, the drafting must meet high standards of legal clarity and technical detail. This is why expert legal counsel is often indispensable.
Guiding Value of the Court’s Decisions
While the rulings of the Court of Cassation are not legally binding in the strictest sense, they play a crucial role in guiding lower courts. These decisions provide a framework for legal interpretation, promoting uniformity and predictability in judicial outcomes.
