Отсутствие единообразия судебной практики - нарушение прав человека? // Does lack of uniform interpretation of law by courts violate human rights?
It may take substantial time before case-law concerning interpretation of certain provisions of the legislature becomes uniform and consistent. There could be contradictory and mutually exclusive judgments based on different approaches to application of the same law in the legal system. Would this automatically lead to violation of article 6 of the ECHR? ECtHR case-law analysis demonstrates that not every inconsistency in interpretation of legislation by courts amounts to violation of the right to court. However, existence of “profound and long-standing differences” in the case-law of the domestic courts and inability of the legal system to remedy such problems may result in violation of the ECHR provisions.