International conference discusses the reasoning technique in the rulings of the cassation instance court
3 December, 2021
On December 3, an international conference “Efficiency of Legal Proceedings: Role of the Judgement of Cassation Instance Court and Drafting Technique Used by Court of Cassation” organized by the Supreme Court was attended by representatives of the supreme courts of France, Lithuania, Estonia and Latvia, as well as of the European Court of Justice and the European Court of Human Rights.
Ensuring effective cassation proceedings as established in the Supreme Court's strategy for 2021–2025 also includes the development of updated guidelines for drafting of rulings. In order for rulings to be based on the principle of "shorter, more specific, and clearer", a well-thought-out strategy for drafting of rulings is needed. Although the examination of a case in the cassation instance is based on the principles and values that have been established over the years, in fact it is also influenced by various processes in the legal space and in the society, as well as by technological development.
Four years ago, with a conference dedicated to the quality of a cassation court ruling, the Senate started to improve the content of the ruling. This year the conference was devoted to the reasoning technique of the cassation court ruling in order to find answers to the following questions: what methods of reasoning can be used in writing a ruling, how the chosen method will affect the comprehensibility of the ruling and its contribution to case law.
The conference focused on the drafting of cassation court rulings (drawing up, reasoning), comparing topical issues and analyzing practical examples.
Patrick Matet, Honorary Judge of the French Court of Cassation, gave a keynote address. The French Court of Cassation launched a review of the court's working methods several years ago, and a new structure for drafting rulings has been introduced two years ago. There is now a unified method for drafting techniques and reasoning of rulings.
In addition to the judges of the national cassation courts, the judges of the European courts also took part in the conference. Küllike Jürimäe, Judge of the Court of Justice of the European Union, presented the lesser-known role and working methods of the Court of Justice of the European Union as a court of cassation. Mārtiņš Mits, Judge of the European Court of Human Rights, reminded about the necessity and significance of the substantiation of the reasoning, the limits set for this requirement, as well as reminded about the risk of excessive formalism.
A detailed insight into the conference reports will be provided in the spring issue of the Supreme Court Bulletin
Information prepared by
Anita Zikmane, Head of the Division of Case-law and Research of the Supreme Court