Artikel 81 RO

Article 81 RO

Article 81 RO enables the Supreme Court to dismiss an appeal in cassation with abbreviated reasoning if it is manifestly unfounded.

Article 81 of the Judiciary Organization Act (RO) empowers the Supreme Court to rule in cassation proceedings without providing extensive reasoning where the appeal is manifestly without merit. This provision applies in civil, criminal and administrative matters and facilitates the efficient disposal of cassation cases.

The rule prevents the Supreme Court from expending unnecessary time on hopeless cases, while ensuring that the parties nonetheless receive a reasoned decision. In practice, Article 81 RO is frequently invoked in respect of manifestly unfounded cassation appeals, thereby shortening the duration of proceedings.

Its application requires the Supreme Court to indicate briefly why the appeal is unfounded, without conducting an in-depth legal analysis.

“The Supreme Court has dismissed the cassation appeal pursuant to Article 81 RO on the ground that it is manifestly unfounded.”

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