La funzione nomofilattica della cassazione (a margine del "Progetto Esecuzioni")

The «Project enforcement procedures» of Section Three of the Supreme Court aims at ensuring the uniform interpretation of the Law and at offering unquestionable and consolidated guidelines on the enforcement proceedings. The Author draws inspiration from this project and focuses his attention on the Court’s nomophilactic role. The legislative amendments appeared over the last few years, particularly relating to the rewriting of Art. 363 of the Code of civil procedure, reinforces the nomophilactic role of the Supreme Court («nomofilachia»), but, at the same time, imposes numerous interpretative issues. The Author underlines the criticalities of the nomophilactic role of the Court and of the distorted made in some decisions of the above-mentioned role. In light of the foregoing, it is strongly suggested a more efficient and effective collaboration between the stakeholders in the best interest of Justice.