91. The Court observes that the principle of equality before the law does not
mean that judicial institutions must necessarily deal with all cases in the
same way, since the treatment of each case may depend on its specific
circumstances.31
92. In this regard, the Court endorses the position of the European Court of
Human Rights that “an evolution of case-law is not, in itself, contrary to the
proper administration of justice; and a different understanding would amount
to a failure to appreciate a dynamic and evolutionary approach, which would
in turn risk impeding any reform or improvement”.32
93. The Court holds, in general, that the term “recourse to” refers to a change
of opinion or behaviour. In a particular type of fact or legal relationship under
litigation, it applies to any change in how a court interprets the law.
94. In the instant case, the Court notes that although the judgments of the
Supreme Court cited by the Applicants regularised the situation of their
colleagues who, in their opinion, were in the same situation, the Applicants
do not challenge the fact that the Supreme Court, in its judgment No. 186
of 7 April 2016, had already overturned its previous decisions.
95. This Court observes that in its judgment, the Supreme Court noted that
“these Applicants graduated after 31 July 2008, and have not produced any
evidence that they obtained prior approval of their hierarchical authority, in
accordance with Article 125 of the Law of 12 July 2010 on the Statute
governing police officers”.
96. The Court also notes that the Applicants do not dispute the fact that they
graduated after the date of the Decree of 6 February 2006, nor do they
contest that they did not obtain prior approval of their hierarchical superiors.
31
Norbert Zongo & others v. Burkina Faso (merits) (28 March 2014) 1 AfCLR 219, § 106.
Micallef v. Malta, Application no. 17056/06, Judgment of 15 October 2009, § 51. See also, Boubacar
Sissoko and 74 others v. Mali (merits and reparations) (2020) 4 AfCLR 641; §73. Tiekoro Sangare and
Others v. Republic of Mali, ACtHPR, Application No. 007/2019, Judgment of 23 June 2022, (merits), §
72.
32
22