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

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