Cooperation between the High Court of Cassation and Justice and the other courts for the resolution of questions of law

– Landmarks drawn from the case law of the High Court of Cassation and Justice –

Abstract

Referral to the High Court of Cassation and Justice for resolution of questions of law is a useful procedural tool for ensuring unity of interpretation and application of legal rules by the courts. The intervention of the supreme court, through the preliminary judgment delivered by which it resolves the point of law which was the subject of the referral, has the role of channelling jurisprudence and prevents the emergence of divergent opinions on the same point of law. The authority of res judicata must be recognised both in the enacting terms of the preliminary ruling of the supreme court and in its recitals, which contain guidance and clarification as to how the question of law should be resolved.

Keywords: mechanisms for unifying judicial practice, preliminary ruling, binding nature, res judicata