The Rule of Arbitrariness as the New Constitutional Order in Turkey by Gülçin Balamir Coşkun, Ertuğ Tombuş

“…Nearly two weeks after the 100th-anniversary celebrations of the Republic, Turkey's constitutional order faced one of the most significant judicial crises in its history when the Court of Cassation, the highest court of ordinary jurisdiction, and the Turkish Constitutional Court (TCC) clashed over the fate of imprisoned opposition politician Can Atalay. …”
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Omission of polluted sites ex art. 257 TU environment and remediation project’s predisposition: the Cassazione turns to the topic by Fabiana Pomes

“…The paper aims to critically retrace the argumentations provided by the Court of Cassation in the sentence object of the present note. …”
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The Investment of the Payment Instruments with Executory Formula by Laura Manea, Adrian Constantin Manea

“…Because of this disparity the attorney general has filed an appeal in the interest of law and the solution of the Highest Court of Cassation and Justice was to admit the appeal and to dispose to invest them with executory formula.…”
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La nullità della fideiussione a valle di intese violative della normativa 𝑎𝑛𝑡𝑖𝑡𝑟𝑢𝑠𝑡. La decisione delle Sezioni Unite by Antonio Valitutti

“…𝑇ℎ𝑒 𝑎𝑢𝑡ℎ𝑜𝑟 𝑝𝑎𝑦𝑠 𝑝𝑎𝑟𝑡𝑖𝑐𝑢𝑙𝑎𝑟 𝑎𝑡𝑡𝑒𝑛𝑡𝑖𝑜𝑛 𝑡𝑜 𝑠𝑒𝑛𝑡𝑒𝑛𝑐𝑒 𝑛. 41994 𝑜𝑓 2021 𝑜𝑓 𝑡ℎ𝑒 𝑈𝑛𝑖𝑡𝑒𝑑 𝑆𝑒𝑐𝑡𝑖𝑜𝑛𝑠 𝑜𝑓 𝑡ℎ𝑒 𝑆𝑢𝑝𝑟𝑒𝑚𝑒 𝐶𝑜𝑢𝑟𝑡 𝑜𝑓 𝐶𝑎𝑠𝑠𝑎𝑡𝑖𝑜𝑛, ℎ𝑖𝑔ℎ𝑙𝑖𝑔ℎ𝑡𝑖𝑛𝑔 𝑡ℎ𝑒 𝑠𝑦𝑠𝑡𝑒𝑚𝑎𝑡𝑖𝑐 𝑎𝑠𝑝𝑒𝑐𝑡𝑠.…”
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The problematic aspects in the system of extinction of environmental crimes envisaged by Title VI-bis of the T.U.A. by Pasquale Fimiani

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LEXAMBIENTE Rivista Trimestrale di Diritto Penale dell’Ambiente Fasc. n. 4/2019 38 Il reato di trasporto di rifiuti (art. 256, 1° comma, d.lgs. 152/06): istantaneità vs permanenza... by Vincenzo Paone

“…The paper criticizes the Court of Cassation which qualifies the case of the illegal transport of waste (art. 256, 1st paragraph, Legislative Decree 152/06) as an instantaneous or, at the most, possibly habitual offense and instead affirms its nature permanent. …”
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Criminal liability for the “unlawful” trafficking of waste in Italy: what relevance for the European Best Available Techniques? by Stefano Zirulia

“…After an overview of the concept of “unlawfulness” in environmental criminal law, the paper turns on the Italian offence of waste trafficking, addressing in particular two recent rulings of the Court of Cassation that held that the violation of EU “Best Available Techniques” can determine the “unlawful” nature of conduct, even when the latter is formally authorised. …”
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Legal review and fact-finding in the Supreme Court judgment after recent reforms by Raffaella Muroni

“…The A. gives a preliminary exposition on the novelties introduced by the 2022 Cartabia Reform on civil justice relating to the Court of Cassation judgment. The A. focuses on the limits of only indirect censorship of the second instance judgement on the merit and addresses the principle of self-sufficiency and of clarity and conciseness of appeals in cassation, which are both functional to protect the nature of mere legality of the Supreme Court's review of the judgments on the merit.…”
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Transfer of civil case : A Comparative Analytical Study by Zyad Alhrrethy

“…The main characteristic of this guarantee is that case transfer is considered a  procedural right, and  it is only allowed between trial courts, and it is limited to the grounds specified in the law and is exclusively subject to the discretion of the Court of Cassation. Thus, this paper attempts to analyse the criteria the Cassation court apply when looking at a transfer of proceedings case. …”
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Fideiussione 𝑜𝑚𝑛𝑖𝑏𝑢𝑠 e intesa 𝑎𝑛𝑡𝑖𝑡𝑟𝑢𝑠𝑡: la sentenza delle Sezioni Unite n. 41994 del 2021 by Enrico Minervini

“… / 𝑇ℎ𝑖𝑠 𝑤𝑜𝑟𝑘 𝑎𝑛𝑎𝑙𝑦𝑠𝑒𝑠 𝑡ℎ𝑒 𝑑𝑖𝑓𝑓𝑒𝑟𝑒𝑛𝑡 𝑠𝑜𝑙𝑢𝑡𝑖𝑜𝑛𝑠 𝑎𝑛𝑑 𝑎𝑟𝑔𝑢𝑚𝑒𝑛𝑡𝑠 𝑑𝑒𝑣𝑒𝑙𝑜𝑝𝑒𝑑 𝑏𝑦 𝑡ℎ𝑒 𝐼𝑡𝑎𝑙𝑖𝑎𝑛 𝐶𝑜𝑢𝑟𝑡 𝑜𝑓 𝐶𝑎𝑠𝑠𝑎𝑡𝑖𝑜𝑛 𝑖𝑛 𝑖𝑡𝑠 𝑗𝑢𝑑𝑔𝑚𝑒𝑛𝑡 𝑛. 41994 𝑜𝑓 2021 𝑤𝑖𝑡ℎ 𝑟𝑒𝑔𝑎𝑟𝑑 𝑡𝑜 𝑜𝑚𝑛𝑖𝑏𝑢𝑠 𝑠𝑢𝑟𝑒𝑡𝑦 𝑎𝑔𝑟𝑒𝑒𝑚𝑒𝑛𝑡𝑠 𝑖𝑚𝑝𝑙𝑒𝑚𝑒𝑛𝑡𝑖𝑛𝑔 𝑎𝑛 𝑎𝑛𝑡𝑖𝑡𝑟𝑢𝑠𝑡 𝑑𝑒𝑎𝑙, 𝑎𝑛𝑑 𝑜𝑓𝑓𝑒𝑟𝑠 𝑎 𝑝𝑜𝑠𝑠𝑖𝑏𝑙𝑒 𝑎𝑙𝑡𝑒𝑟𝑛𝑎𝑡𝑖𝑣𝑒 𝑝𝑎𝑡ℎ 𝑏𝑎𝑠𝑒𝑑 𝑜𝑛 𝑡ℎ𝑒 «𝑤𝑜𝑟𝑡ℎ𝑖𝑛𝑒𝑠𝑠» 𝑜𝑓 𝑡ℎ𝑒 𝑟𝑒𝑙𝑒𝑣𝑎𝑛𝑡 𝑐𝑜𝑛𝑡𝑟𝑎𝑐𝑡𝑢𝑎𝑙 𝑐𝑙𝑎𝑢𝑠𝑒𝑠.…”
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ASPECTS REGARDING THE USE OF COLLABORATORS IN THE CRIMINAL TRIAL by Mircea-Constantin SINESCU, Alin-Sorin NICOLESCU

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Transport safety and security from the perspective of the French transport code by Adriana Elena Belu

“…Some time ago, the Court of Cassation made a distinction between unsubsidized transports for the advance purchase of a travel ticket and the other. …”
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Refoulement As A Crime - Insights from the Asso28 Push-Back Case by Stefano Zirulia

“…Last month, the Italian Court of Cassation upheld the (suspended) sentence of one year’s imprisonment of the shipmaster of the Italian ship Asso28. …”
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The platform workers by Emmanuel Dockés

“…In the case determined on 28 November 2018, the French Court of Cassation characterises as a work contract the relationship in place between the Take Eat Easy digital platform and its workers. …”
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Reguli de procedură aplicabile în litigii privind funcționarii publici by Andreea Tabacu

“…</p><p class="Pa18">The study aims to reveal the nature of the civil service relationship and related disputes, justifying the jurisdiction of the administrative court and de­termining the rules of procedure applicable to civil service disputes, depending on the distinctions resulting from the mandatory jurisprudence of the High Court of Cassation and Justice.</p>…”
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Downhill All The Way - Turkey and a New Chapter in its Routinized Constitutional Crises by Doruk Erhan

“…On November 8th, the 3rd Criminal Chamber of Turkey's Court of Cassation, the nation's apex court for civil and criminal matters, defied the Constitutional Court (the TCC) and explicitly accused it of engaging in “judicial activism.” …”
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Standarde de integritate privind funcţionarii publici. Regimul juridic al conflictelor de interese și al incompatibilităţilor by Cynthia Carmen CURT

“…<p>The article analyses the public servant’s incompatibilities and conflicts of interests’ legal framework from the constitutional jurisprudence and the High Court of Cassation and Justice jurisprudence’s approach. …”
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On prohibition of assignment when the assignor's account is blocked: A contribution to the theory on the existence of forbidden contracts that are not sanctioned with absolute null... by Tešić Nenad

“…According to the Serbian Supreme Court of Cassation, the misdemeanour liability for infringement of the prohibition of assignment cannot exclude the absolute nullity of legal transaction as a civil sanction, as specified in Article 103 of the Law on Obligations. …”
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La place de la Cour de cassation dans la construction d’un droit aux colonies by Martine Fabre

“…It is thus quite naturally that the affairs treated by the colonial courts will arrive in front of the Court of Cassation. The High jurisdiction made a commitment in a rather paradoxical way. …”
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The Court focuses on the issue concerning the authorization to discharge waters, ruling on the inapplicability to the company of the cause of non-punishment pursuant to the article... by Maria Ludovica Parlangeli

“…In the sentence n.11518/2019, concerning the discharge of industrial waste waters, the Court of Cassation reiterates the need for a formal authorization to discharge due to its preventive ecological monitoring role. …”
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