The word ‘cassation’ means quashing or annulling. A ruling by a court of cassation quashes a judicial decision on a point of law. This is not the equivalent of ordinary appellate review which may involve fact finding in civil law systems and may extend to reversing egregious findings of fact in common law countries.
Cassation courts seek to preserve uniformity in the application of law and procedure. Their jurisdiction is narrow: they review the legality of a final judgment and assess whether the appellate court correctly applied relevant legal provisions. A court of cassation does not examine facts and return the case to the court of appeals for proceedings in accordance with its judgment.
The scope of cassation powers varies by country. While all courts of cassation rule on legality, in some countries their authority extends to assessing whether the legal reasoning was sound. In many countries, they also issue guidance on new or complex legal issues, usually at the request of a lower court. In France, Belgium, and the Netherlands, the courts of cassation sit as trial courts in criminal cases against cabinet ministers. Cassation jurisdiction is usually divided among panels or chambers: civil, criminal, labor, administrative.
Over 20 countries have specialized courts of cassation including Armenia, Austria, Belgium, Egypt, France, Greece, Haiti, Iraq, Senegal, and Turkey. In other countries, including Estonia, Indonesia, Japan, cassation review is one of many responsibilities exercised by the Supreme Court. The Netherlands, Poland, and Vietnam follow a third model: their supreme courts are courts of cassation.
Examples
France
The French Cour de cassation may be the best-known cassation court. Its role was formalized after the French Revolution when the new government sought to protect against the concentration of power in any one government institution. Court review was limited to explicit errors of law. The modern Court has somewhat broader authority. Its role is to unify case law, ensure consistent legal reasoning across the country, and clarify the interpretation of legislation. The Court reviews final decisions of appellate courts in civil, criminal, commercial, and labor matters, but its judgments are limited to ruling on procedural defects and assessing whether the law was correctly applied based upon the facts presented below. Administrative law appeals are heard by the Council of State.
The Netherlands
The Supreme Court of the Netherlands, the Hoge Raad, is the highest court for civil, criminal, and tax matters. It hears appeals in cassation, reviewing the application of law and legal reasoning to ensure nationwide uniformity in the development of law. Its proceedings are almost entirely via written submissions. The Court includes a Procurator General who is charged with providing advisory opinions on pending cases.
Poland
In Poland, the Supreme Court serves as a court of cassation. Its jurisdiction is limited to civil cases. Cassation is considered an “extraordinary” remedy, after the ordinary appellate process has ended. The Court has discretion over which cases to review and focuses on those important for the clarification or development of Polish law.
The United Arab Emirates
The Emirates of Abu Dhabi and Dubai have Courts of Cassation that review challenges to the interpretation and application of law by the Courts of Appeal. This extends to judgments violating jurisdictional rules, lacking proper legal analysis, and those inconsistent with an earlier ruling involving the same parties and legal issues. The Abu Dhabi Court of Cassation also decides jurisdictional conflicts that emerge among Emirati courts.