Court of cassation

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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 which can rule on both the facts of a case and the relevant law. The term derives from the Latin cassare, "to reverse/overturn".

The European Court of Justice answers questions of European Union law 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 compatibly 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, unlike in, for instance, the French legal system where Courts of Appeal hear cases on the facts and law. In this sense, a petition for a writ of certiorari is akin to a .

Countries[]

Cassation courts are listed below.

• Court of Cassation (Belgium)
• Supreme Court of Cassation of Bulgaria
• Court of Cassation (Democratic Republic of the Congo)
• In Ecuador, the Corte Nacional de Justicia^[1]
• Supreme Court of Estonia
• Court of Cassation (France)
• Court of Cassation (Greece)
• Court of Cassation (Haiti)
• Court of Final Appeal (Hong Kong)
• In Iraq, the Court of Cassation of Iraq (see Constitution of Iraq#Judicial branch)
• Court of Cassation (Italy)
• Court of Cassation (Lebanon) (see Politics of Lebanon#Judicial branch)^[2]
• In Lithuania, the Supreme Court of Lithuania
• Supreme Court of the Netherlands
• Supreme Court of Poland
• In Romania, the High Court of Cassation and Justice
• Court of Cassation (Senegal)
• Supreme Court of Cassation of Serbia
• Supreme Court of Spain
• , in Khartoum^[3]
• Court of Cassation (Tunisia)
• Court of Cassation (Turkey)
• The Supreme Specialized Court of Ukraine for Civil and Criminal Cases in Ukraine
• In Vatican City State, the Supreme Tribunal of the Apostolic Signatura^[4]

See also[]

• Vacation and remand, similar doctrines in common-law countries, such as the United States.

References[]

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