A court of cassation is a high-instance
court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are
appellate courts of the highest instance. In this way they differ from systems which have a
supreme court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
which can rule on both the facts of a case and the relevant law. The term derives from the
Latin , "to reverse or overturn".
The
European Court of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Un ...
answers questions of
European Union law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its valu ...
following a referral from a court of a member state. In exercising this function it is not a court of cassation: it issues binding advice to the national courts on how EU law ought to be interpreted, it does not overturn decisions of those courts. However, the Court of Justice can act as a court of cassation when it hears appeals from the
General Court of the European Union.
Many common-law supreme courts, like the
United States Supreme Court, use a similar system, whereby the court
vacates the decision of the lower court and
remands the case for retrial in a lower court consistent with the decision of the supreme court. Where the system differs is that in legal systems such as the American federal courts, mid-tier appeals courts (courts of appeals) generally also remand cases to first-instance courts. In contrast, in France, for instance, courts of appeal hear cases on the facts and the law also, and only in the higher court of cassation is examination confined to matters of law. In this sense, a petition for a writ of is akin to a .
Countries
Cassation courts are listed below.
* Court of Cassation of Austria
* Supreme Court of the Republic of Azerbaijan
*
Court of Cassation (Belgium)
*
Court of Cassation (Armenia)
*
Supreme Court of Cassation of Bulgaria
The Supreme Court of Cassation ( bg, Върховен касационен съд, Vǎrhoven kasatsionen sǎd) is the final court of appeal in the Republic of Bulgaria. Its work is governed by the Constitution of 1991. According to Article 124, i ...
*
Court of Cassation (Democratic Republic of the Congo)
*
Corte Nacional de Justicia (
Ecuador)
*
Court of Cassation (Egypt)
*
Supreme Court of Estonia
*
Court of Cassation (France)
*
Court of Cassation (Greece)
* In
Germany:
** the
Federal Court of Justice,
** the
Federal Administrative Court,
** the
Federal Labour Court,
** the
Federal Social Court,
** and the
Federal Fiscal Court
*
Court of Cassation (Haiti)
*
Court of Final Appeal (Hong Kong)
*
Court of Cassation (
Iraq)
*
Supreme Court of Cassation (Italy)
The Supreme Court of Cassation ( it, Corte Suprema di Cassazione) is the highest court of appeal or court of last resort in Italy. It has its seat in the Palace of Justice, Rome.
The Court of Cassation also ensures the correct application of ...
*
Supreme Court of Japan
*
Court of Cassation (Jordan)
A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...
*
Supreme Court of Korea (
South Korea)
*
Court of Cassation (Kuwait)
A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...
*
Court of Cassation (
Lebanon)
*
Supreme Court of Lithuania
The Supreme Court of the Republic of Lithuania ( lt, Lietuvos Respublikos Aukščiausiasis Teismas) is the only court of cassation in the Republic of Lithuania for reviewing effective judgements and rulings passed by the courts hearing criminal cas ...
*
Court of Cassation (Luxembourg)
A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...
*
Court of Cassation (Morocco)
A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...
*
Supreme Court of the Netherlands
The Supreme Court of the Netherlands ( nl, Hoge Raad der Nederlanden or simply ''Hoge Raad''), officially the High Council of the Netherlands, is the final court of appeal in civil, criminal and tax cases in the Netherlands, including Curaçao ...
*
Supreme Court of Poland
*
Court of Cassation (Qatar)
A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...
*
High Court of Cassation and Justice (
Romania)
*
Court of Cassation (Senegal)
The Court of Cassation () is the highest court in Senegal. It is based on the model of the French Court of Cassation.
See also
*Politics of Senegal
*Court of cassation (for a list of other courts of cassation around the world)
Judiciary of S ...
*
Supreme Court of Cassation of Serbia
*
Supreme Court of Spain
The Supreme Court ('', TS'') is the highest court in the Kingdom of Spain. Originally established pursuant to Title V of the Constitution of 1812 to replace —in all matters that affected justice— the System of Councils, and currently regulat ...
*
Court of Cassation (Sudan)
A court of cassation is a high-instance court that exists in some judicial systems. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. In this they are appellate courts of the highest instance. In th ...
*
Court of Cassation (Tunisia)
The Court of Cassation () is the highest court in Tunisia. It is based on the model of the French Court of Cassation. In his publication on Tunisian Judicial system: A Continuous Progress toward the Judicial Independence, Baya Amouri described th ...
*
Court of Cassation (Turkey)
*
(
Ukraine)
*
Supreme Tribunal of the Apostolic SignaturaPope Francis reforms Vatican City courts with new law
CatholicNewsAgency.com, accessed 17 March 2019. ( Vatican City)
See also
* Vacation and remand, similar doctrines in common-law countries, such as the United States.
References
Courts by type
Civil law (legal system)
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