Talk:Supreme Court of Cassation (Italy)
|WikiProject Italy||(Rated Start-class, Mid-importance)|
|WikiProject Law||(Rated Start-class)|
I created this page because some european countries have their own, like Germany and French for example. I tried to write a brief article about the Corte di Cassazione, here it is:
- Corte di Cassazione
- The “Corte di Cassazione” is the supreme court of Italy. This court is born 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, the Cassazione states wich court has jurisdiction and competence, if is not clear wich kind of court must be invoked to decide a legal case (penal, administrative, civil, military jurisdiction).
- Recourse to the court
- The supreme court of Italy can't proceed without a special recourse. Both public prosecutor and private parts (with the assistance of their attorneys) can address to the court. Cassazione can't state about interpretation of the facts involved in the trial, the only thing it can do is to invalidate a incorrect sentence (due to not exact interpetation of law or jurisdiction and competence rules) taken by an appeal court, by stating the right intepretation of the law applicable or by stating wich court has jurisdiction and competence. Normally, but there are exceptions, a Cassazione's sentence can be asked only after the appeal decision, not directly after inferior court sentences. Anyway, Cassazione is the court of last resort. The decision of the supreme court take binding effect only for the case submitted. This is a general explanation, and several things may change between Cassazione's role in civil, penal and administrative trails. However, Cassazione, by stating correct interpretation of legal texts, tries to preserve, whichever is the kind of problem which it is asked for, the same intepretation of laws by others inferiror and appeal courts (not only the one that assumed the decision in the case submitted): if those courts in the future won't comply the Cassazione interpretation, their sentences could be invalidated. Of course, they are not obliged to follow the supreme court's previous interpretations, and they can try to suggest different solutions to the supreme court.
- Cassazione is divided in different sections, due to the different kind of cases that can be submitted. For example, there are different sections for civil and penal trials. The court has one main president, and also every section has one. Usually, it's sufficient that only one section (with fives judges) examines the case to take a decision; but there are some cases (for example in case of a really problematic intepretation) in which the court needs to decide by unifing sections (with nine judges). In addition, a public prosecutor, in every trial submitted to the court, must say his interpetation of the law applicable, to aid judges to give their own in the sentence.
- Brief History
- The actual Corte di Cassazione born with the royal decree number 12, date 30 january, 1941. However, the court was previously provided by the former italian Civil code, in the 1865. The need of this kind of court in Europe came due to the ancient regime difficulties in mantaining both uniformity of intepretation and supremacy of the central laws against local priviledges and rights. The first appearence of this kind of control was during the french revolution. It's necessay to say that several changes occurred from that first solution provided during the 1790, since the court was much more like a legislative body, than a judiciary one. Napoleon, during his conquests, influenced a lot the italian law theories, and italian Corte di Cassazione is one of the thing that was created looking to the french experience.
I think this text needs to be expanded and maybe corrected before being posted. I'm thinking about adding some photos and further links, expecially to legislative texts. It wuold be good if there'll be a section for every kind of decision the court can take, in penal, civil and administrative process, but i've not enought time now to do that. It wuold be good also if someone make a redirect from "supreme court of italy", i don't now how to do that. Thank you for the help. Serfalco 18:25, 1 January 2006 (UTC)
One particular area of concern regards appeal by right. The Italian Constitution guarantees rights of appeal, and I was under the impression that appeal was always by right, even to the court of cassation. See Trocker, Nicolò & Vincenzo Varano, The Reforms of Civil Procedure in Comparative Perspective: An International Conference Dedicated to Mauro Cappelletti (Nicolò Trocker and Vincenzo Varano, eds. 2005). This is in direct contradiction of the main article.
There was a statutory revision in 2009 that allows the court to decide easy cases in chambers, but I think that a right of appeal still exists in all cases. —Preceding unsigned comment added by 220.127.116.11 (talk) 22:57, 15 July 2009 (UTC)
It also seems like there's quite a bit of info on the italian version of this page, mayber somebody could translate it?
- Added [[it:Corte di Cassazione]] just now. Hope it's the right page. -- 18.104.22.168 19:58, 19 April 2006 (UTC)
For an Organization chart of the Italian Court of Cassation!
[Oct. 29, 2010: it would be nice to get a more accurate organization chart of the Court of Cassation's structures and of its role and functions (esp. in the administrative and military matters) within the Italian legal system. And also about the role of the Court after rulings of the European Court of Human rights. Ph.F.] —Preceding unsigned comment added by 22.214.171.124 (talk) 11:45, 29 October 2010 (UTC)