Interpretation and application of rights in good faith

The right to a fair trial includes the obligation of the courts to interpret and apply applicable legal norms in good faith. That means, firstly, that the competent authority must apply the appropriate law correctly to the case concerned.¹³⁶¹ Secondly, as far as the application of the provisions of the (appropriate) law, in principle, their interpretation falls within the scope of the ordinary courts.¹³⁶² Nevertheless, ordinary courts must, in interpreting and applying positive legal provisions, to a sufficient extent, take into account constitutional and human rights, which, as a matter of fact, are subject to subsequent control by the Constitutional Court, that is by authorities established by Annex 6.¹³⁶³ The principle of a legal state, and in particular the principle of legal certainty, as its inherent element, obliges the ordinary courts to follow the case-law of the higher instance courts, albeit such an obligation is non-existent in formal and legal terms. Therefore, Article 6 of the ECHR may be violated if the ordinary courts disregard the established or permanent case-law of the higher instance courts without providing a reasonable basis for doing so.¹³⁶⁴