The preliminary precedent

The article explores the role of judicial precedent in Italian and European civil procedural law, particularly in light of the introduction of the preliminary reference procedure to the Italian Court of Cassation. The analysis examines the applicability of the doctrine of stare decisis in both civil law and common law legal systems, drawing comparisons between the functioning and objectives of the preliminary reference procedure, the historical origins of the Court of Cassation, and the role of the U.S. Supreme Court.