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Judicial Branch appreciates enactment of law on cassation proceedings 

About the Judiciary

The Judicial Branch appreciated the enactment by the Executive Branch of Law No. 02-23 which regulates the cassation procedure to hear appeals filed in civil and commercial, labor, real estate, administrative and tax litigation matters. 

With the recently enacted law, the Court of Cassation, in exceptional cases, will be able to directly decide the proceedings in order to put an end to the cases, in order to ensure a prompt and sound administration of justice. It also eliminates the harmful suspensive effect conferred to cassation, limiting it only to very particular cases, which will help to control the workload of the high court. 

The new cassation procedure law 02-23 repeals laws 3726, of 1953 and 491-08, of 2008; it has an easy-to-read text and is composed of 95 articles. 

In labor matters, Law 02-23 will be of mixed material application, where the provisions of the Labor Code that are not contrary to this new regulation will apply. 

The recently enacted law eliminates the issuance of the writ of authorization to summon, which was in charge of the president of the SCJ; the deposits of the memorials are required in the Secretariat of the SCJ first, and then the notifications to the opposing party, so that the court file is completed first; the terms for processing and filing the appeal are reduced; the terms counted in days will be computed as working days.  

In addition, specific rulings are listed against which an appeal in cassation does not proceed (art. 11); the need to issue administrative decisions of default, peremption and exclusions disappears, which eliminates appeals for review against them, thus reducing the workload of the court. Among other aspects of interest 

About the Appeal 

Cassation is an extraordinary remedy by means of which the Supreme Court of Justice annuls, partially or totally, judgments in final or sole instance issued in violation of the law.  

The new Law reduces the formalisms that have frustrated the SCJ's cassation control, and returns to the SCJ its main mission, the nomophylactic, that of ensuring the unity of the jurisprudence and with it the unity of the law. 

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