Kasatsioon

Kasatsioon is a formal legal remedy used in some civil-law jurisdictions, including Estonia, to challenge a court’s decision on questions of law before a higher court. It is an extraordinary form of review, aimed at correcting legal errors and ensuring uniform application of the law, rather than re-examining factual findings.

The remedy typically rests on the argument that the lower court misapplied or misinterpreted a rule of substantive or procedural law, or that a procedural violation affected the outcome. Kasatsioon does not normally permit fresh consideration of evidence or a re-evaluation of factual circumstances. Its focus is on whether the correct law was applied and the proper legal standards were used.

Admissibility and procedure vary by jurisdiction, but common features include the submission of a cassation petition to the supreme court, specifying the legal grounds and issues raised. The higher court then decides whether to grant cassation; if accepted, it reviews the lower court’s decision for legal errors, potentially quashing or modifying it and sometimes remanding the case for reconsideration under correct legal interpretation. In some systems, cassation decisions are final and binding, shaping later interpretations of the law.

In Estonia, for example, the Supreme Court (Riigikohus) handles cassation appeals from lower courts, and its rulings clarify the application of Estonian law. Kasatsioon serves to correct significant legal misapplications and to promote consistent judicial practice, rather than to substitute the lower court’s factual determinations with new findings.