المنازعات الإدارية أمام المحكمة الدستورية العليا by محمد الحسين, مخلد خشمان

“…The Court of Cassation will decide whether to raise the appeal of unconstitutionality or not. …”
Get full text

Jordanian Case Law on Recognition and Enforcement of Foreign Judgments and Foreign Arbitral Awards by Abdullah Aldmour

“…By reference to Jordanian case law, the article highlights the legal practice in Jordan and the approach of the Jordanian Court of Cassation. A systematic analysis of the Jordanian case law relating to enforcing foreign judgments over the past years shows that the Court of cassation has consistently shown a positive trend towards enforcing foreign judgments and arbitral awards. …”
Get full text

CONTROVERSIAL ASPECTS REGARDING TAX EVASION by Mircea-Constantin SINESCU, Adrian-Lucian CATRINOIU

“…Throughout the paper, we have highlighted some controversial aspects regarding the crime of tax evasion, referring to some important decisions of the High Court of Cassation and Justice and also of the Bucharest Court of Appeal. …”
Get full text

AYIPLI MAL NEDENİYLE SÖZLEŞMEDEN DÖNEN TÜKETİCİNİN KULLANIM BEDELİ ÖDEME BORCU OLUP OLMADIĞI SORUNUNUN 6502 SAYILI TÜKETİCİNİN KORUNMASI HAKKINDA KANUN UYARINCA İNCELENMESİ... by Nihan DEĞİRMENCİOĞLU AYDIN

“…However, in the decision of the General Assembly of Civil Chambers of the Court of Cassation dated 22.06.2005, it is stated that the usage fee shall not be paid due to lack of a provision in Law on Protection of the Consumer regarding the payment of the fee by consumer, who rescinds the contract because of defective goods. …”
Get full text

possible according to part 6 of article 193 CPC of Ukraine to appeal against the decision of the investigating judge on the choice of preventive measure in the form of detention du... by Basysta I.

“…The Supreme Court has already issued an opinion on the application of the rule of law in such legal relations, which is stated in the decision of the panel of judges of the Second Judicial Chamber of the Supreme Court of Cassation on 13 December 2018 (case 3483/1186/16-k), and the panel of judges of the Third Judicial Chamber of the Criminal Court of Cassation of the Supreme Court considered it necessary to depart from this conclusion. …”
Get full text

JURIDICAL EVENT Inter-professional Charter of the Romanian Judges, Prosecutors and Counsels – a unique European model of inter-professional dialog within the judicial system in a n... by Rodica Aida Popa

Get full text

Light Pollution lands in Cassation by BONFANTI Roberto

“…For the first time, the Court of Cassation recognizes the criminal relevance of the light pollution applying articles 6 e 30 of the l. n. 394/1991. …”
Get full text

Barring Legal Gender Reassignment in Bulgaria by Friedrich Zillessen

“…<p>The Bulgarian Supreme Court of Cassation (SCC) has recently rejected the possibility for legal gender reassignment of transgender people. …”
Get full text

Continuing Violation by Ali Yildiz

“…Arrests of lawyers have become the new normal although legal professionals should enjoy strong protections by law. Turkey’s Court of Cassation, however, has deprived these guarantees of any practical effectiveness by unlawfully expanding the meaning of in flagrante delicto.…”
Get full text

The imputation of the liability of entities in environmental crimes by Giovanni Liberati

“…The decision of Court of Cassation n. 3157 of 2020 focuses on firm points regarding the criteria for imputing the liability of entities for administrative offenses resulting from the commission of environmental crimes, clarifying the content of the criteria for imputing liability as consisting of the advantage and profit for the entity, and excluding the need for violation of guidelines to which the entity's conduct must conform in order to recognize its administrative liability. …”
Get full text

La jurisprudence française en matière de santé publique, XIXe et XXe siècles by Christophe Bouvier

“…Upon reading the decisions of the Court of Cassation, regional or national epidemic crises emerge. …”
Get full text

Ammissione al passivo al privilegio del credito di Sace s.p.a. in caso di escussione della garanzia in corso di procedura e senza che il debito del beneficiario fallito sia integra... by Elena Marinucci

“…The Author critically examines the decision by which the Court of cassation enunciated the principle that, following the enforcement of the guarantee provided by Sace, the latter's claim against the bankrupt financed company may be listed among preferential claims even if the lender bank's claim has not been fully satisfied during bankruptcy.…”
Get full text

Some problems of making a procedural decision to close criminal proceedings in connection with the release of a person from criminal liability by R. Blahuta, I. Basysta

“…Research methods such as sampling, system-structure, induction and deduction have been used to argue that in circumstances where a court conviction has entered into force, a person should be exempt from the court of cassation, this is stated in Part 5 of Art. 74 of the Criminal Code of Ukraine, on the grounds provided for in Art. 49 of the Criminal Code of Ukraine. …”
Get full text

Electronic evidence in criminal proceedings: problematic issues of theory and practice by T. H. Fomina, O. O. Rachynskyi

“…This issue was the subject for consideration by the judges of the Criminal Court of Cassation of the Supreme Court (in particular, the procedure for assessing electronic evidence and its admissibility was explained in the decision of the Joint Chamber of the Criminal Court of Cassation of the Supreme Court dated 29 March 2021 in case No. 554/5090/16-к). …”
Get full text

Preventive seizure of hindering nature also for legal entities pursuant to Legislative Decree 231/2001: a constitutionally oriented interpretation with the “taste” of an addition... by Roberto Losengo

“…In the context of a fraud proceedings against GSE, the Court of Cassation rejected the appeal against the preventive seizure of hindering nature of three photovoltaic greenhouses, issued directly to the legal entities submitted to ascertain the administrative offense, stating the applicability of this institute also within the Legislative Decree 231/2001 system, on the basis of a constitutionally oriented interpretation, of which the comment critically examines the scope and the limits.…”
Get full text

The Individual Application Mechanism is on the Verge of Collapse, and so is Turkish Constitutionalism by Emre Turkut, Ali Yildiz

“…Turkey is plunged into yet another profound judicial crisis as the Turkish Constitutional Court (TCC) and the Turkish Court of Cassation (Yargıtay) lock horns over the fate of an imprisoned opposition politician. …”
Get full text

Greece’s Ambivalent Turn to Militant Democracy  by Andreas Samartzis, Nicholas Vadivoulis

“…<p>On 2 May 2023, the Greek Court of Cassation (Areios Pagos) ruled on the certification of the candidate lists of the political parties that could lawfully participate in the Greek parliamentary elections of 21 May. …”
Get full text

A comment on a discriminatory decision by Saddam Yahia

“…Despite this norm, the Court of Cassation adopted an unconventional stance, deeming commentary before chambers as a breach of public order. …”
Get full text

La sentenza italiana : alcune considerazioni sui rapporti temporali by Aleksandra Pronińska

“…The first one describes language frame, which comprises judgments of penalty by the Supreme Court of Cassation, and a regular scheme structure of a written document that is composed of three invariable parts (introductory part/comparison; judgment justification; and disposition). …”
Get full text

Fideiussioni 𝑜𝑚𝑛𝑖𝑏𝑢𝑠 e intesa 𝑎𝑛𝑡𝑖𝑡𝑟𝑢𝑠𝑡: schemi uniformi e prassi del garantire by Giovanni Stella

“…𝐼𝑛 𝑐𝑜𝑛𝑐𝑙𝑢𝑠𝑖𝑜𝑛, 𝑡ℎ𝑒 ℎ𝑜𝑟𝑖𝑧𝑜𝑛𝑠 𝑜𝑓 𝑎𝑚𝑒𝑛𝑑𝑚𝑒𝑛𝑡 𝑜𝑓 𝑠𝑢𝑐ℎ 𝑐𝑙𝑎𝑢𝑠𝑒𝑠, 𝑤ℎ𝑖𝑐ℎ 𝑤𝑒𝑟𝑒 𝑑𝑒𝑐𝑙𝑎𝑟𝑒𝑑 𝑎𝑛𝑡𝑖-𝑐𝑜𝑚𝑝𝑒𝑡𝑖𝑡𝑖𝑣𝑒 𝑎𝑛𝑑, 𝑓𝑢𝑟𝑡ℎ𝑒𝑟, 𝑛𝑢𝑙𝑙 𝑏𝑦 𝑡ℎ𝑒 𝐶𝑜𝑢𝑟𝑡 𝑜𝑓 𝐶𝑎𝑠𝑠𝑎𝑡𝑖𝑜𝑛 𝑖𝑛 𝑖𝑡𝑠 𝑗𝑢𝑑𝑔𝑒𝑚𝑒𝑛𝑡 𝑛. 41994/2021, 𝑎𝑟𝑒 𝑒𝑣𝑎𝑙𝑢𝑎𝑡𝑒𝑑. …”
Get full text