The enhanced application of the Council of Europe legal instruments at the national level is primarily contingent on coherent judicial action. Inconsistent interpretation of relevant legal instruments adversely affects their implementation, thus resulting in numerous complaints being brought to the Strasbourg Court.
Most problems do not arise from the quality of legal texts, but rather are attributable to inconsistent judicial interpretation.
Human Rights National Implementation Division
Council of Europe
(Annual Report 2016, la p. 9)