Cassazione

Cassazione is a legal remedy in Italian law by which a final decision of a lower court can be challenged before the Corte di Cassazione, the country’s supreme court of appeal. The term refers both to the remedy itself (ricorso per cassazione) and to the court that decides it. The primary purpose of cassazione is to ensure correct application and uniform interpretation of the law across the judiciary, rather than to re-examine factual findings.

The Corte di Cassazione sits in Rome and is organized into sections (Sezioni) that handle civil, criminal, labor, and administrative matters, as well as unified “Sezioni Unite” for cases requiring authoritative interpretation. The court’s work is assisted by the Procura Generale presso la Corte di Cassazione, the public prosecutors’ office that represents the state before the court.

Procedurally, a party may file a ricorso per cassazione within prescribed time limits, typically sixty days from notification of the challenged decision. The court reviews only issues of law and compliance with procedural rules; it does not re-evaluate evidence or re-assess factual determinations. If the cassation is granted, the decision may be annulled (cassata) and, in many cases, remanded (rinvio) to a lower court for a new judgment consistent with the cassation ruling. In some instances, the Corte di Cassazione can decide the case itself on points of law without remand.

The cassation process thus serves as the final step in the ordinary judiciary pathway in Italy, shaping legal doctrine and ensuring consistency in the application of statutes.