Note sul rinvio pregiudiziale in Cassazione: tra esigenze di sostenibilità ed efficacia

The essay analyzes the most critical judicial measures related to the interpretative preliminary reference before the supreme Court, governed by Article 363-bis of the italian code of civil procedure, to assess, more than a year and a half after its introduction, how this institution has been effectively applied and whether it is capable of fulfilling the expectations for which it was conceived. In light of this investigation, the paper’s final part is dedicated to some considerations on the role of case law within the sources of law and the role that the supreme Court will have to assume shortly.