[1] As explained by the Cassazione, "The appeal in cassation may be lodged against the measures issued by the ordinary courts at the appellate level or in degree only: the reasons given to support the use may be, in civil matters, the violation of the right material (errores in iudicando) or procedural (errores in proceeding), the vices of motivation (lack, insufficiency or contradiction) of the judgment under appeal; or, again, the grounds for jurisdiction.

While in Civil Law jurisdictions the doctrine of stare decisis (precedent) does not apply, in practice the decisions of the Supreme Court of Cassation usually provide a very robust reference point in jurisprudence constante.

[5][6] The need for this kind of court in Europe became apparent with the Ancien Régime's difficulties in maintaining both uniformity of interpretation and supremacy of the central laws against local privileges and rights.

During his conquests, Napoleon greatly influenced Italian legal theory, and the Court of Cassation was formed using many imported French ideas.

[7] On 1 March 2023, the High Council of the Judiciary unanimously elected the magistrate Margherita Cassano in the role of first president of the Court of Cassation.