69. In this respect, the Court finds it relevant to refer to the position of the
European Court of Human Rights, which noted that “the evolution of
jurisprudence does not, in itself, conflict with the proper administration of
justice, since to assert the contrary would be to fail to maintain a dynamic
and evolving approach, which would impede any reform or improvement”.17
70. In the present case, the Court notes that, although the Supreme Court’s
rulings referenced by the Applicants had the effect of regularising the
situation of their colleagues, it is not disputed that the same court
subsequently reversed its jurisprudence. Indeed, the Supreme Court
premised the reversal of its precedent on the grounds that “it is a general
principle of the Civil Service Act that a civil servant may not benefit from a
right obtained by another person unlawfully; and that the person who claims
to have a right is obliged to prove it”.
71. The Court observes that in its ruling, the Supreme Court found that “the
applicants underwent training to obtain a Master’s degree without approval
from the hierarchical authority, in accordance with Article 125 of Law No.
10-034 of 12 July 2010 on the status of national police officers”. It is
therefore based on the above that the Supreme Court, in its Judgment No.
186 of 7 April 2016, dismissed the Applicants’ request for regularisation.
72. The Court notes that the Applicants do not contest the fact that they
obtained their qualifications after the date of entry into force of the decree
of 6 February 2006, and neither do they contest the fact that they did not
obtain prior authorization from their hierarchical superiors. Insofar as the
Supreme Court proceeded, without further consideration, to a different
interpretation of the applicable law, and gave reasons for this reversal, the
Court considers that the Supreme Court is fully entitled to develop its
jurisprudence. This Court therefore finds that the Applicants were not
17 Micallef v. Malta, Application No. 17056/06, judgment of 15 October 2009, § 51. See also Boubacar
Sissoko and 74 Others v. Republic of Mali (merits and reparations) (25 September 2020) 4 AfCLR 641,
§ 73. Tiékoro Sangaré and Others v. Republic of Mali, AfCHPR, Application No. 007/2019, judgment of
23 June 2022 (merits), § 72.
16