Kasatsioonkaebuse

Kasatsioonkaebuse, also known as a cassation appeal, is a legal term used primarily in civil law systems, particularly in some European countries like Estonia. It refers to a type of appeal that is filed with a higher court to review a lower court's decision. The primary purpose of a kasatsioonkaebuse is to ensure the correct application of substantive law by the lower courts.

In the context of Estonian law, a kasatsioonkaebuse is typically filed with the Supreme Court (Riigikohtu) against decisions made by lower courts, such as county courts or the Court of Appeal. The Supreme Court's role in this process is to review the legal aspects of the case, rather than to re-evaluate the facts. This means that the Supreme Court will focus on whether the lower court correctly applied the law and legal procedures, rather than reassessing the evidence or witness testimonies.

The process of filing a kasatsioonkaebuse is governed by strict procedural rules. Generally, the appeal must be filed within a specified timeframe, often within 30 days of the lower court's decision. The appeal must also demonstrate that there are substantial legal grounds for the Supreme Court to review the case. These grounds might include errors in the application of law, significant legal questions that need clarification, or inconsistencies in the lower court's decision.

The Supreme Court's decision on a kasatsioonkaebuse can have significant implications. If the Supreme Court finds that the lower court erred in its application of the law, it may overturn the decision and remit the case back to the lower court for a new hearing. Alternatively, the Supreme Court may make a final decision on the case itself, setting a precedent for future similar cases. This process ensures a consistent and fair application of the law across the judicial system.