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Henry G. Schermers and Niels M. Blokker

European Court of Human Rights. It is not bound, in so far as it does not have systematically to take into account, as regards fundamental rights under Community law, the interpretation of the Convention given by the Strasbourg authorities”. 69 Thus, in the absence of accession by the EC/EU, the Court has

Henry G. Schermers and Niels M. Blokker

been authoritatively concluded that key European treaties are of a constitutional nature. For example, in 1986 the European Court of Justice referred to the (then) EEC Treaty as “a basic constitutional charter”; 57 and in 1995 the European Court of Human Rights described the European Convention on

Henry G. Schermers and Niels M. Blokker

Minister), and that the tribunal must be independent (and not be bound by a governmental rule). 64 The same position was taken by the European Court of Human Rights, which held that Article 6.1 of the European Convention on Human Rights had been breached, as the Conseil d’Etat had not acted as an

Henry G. Schermers and Niels M. Blokker

accept the decision to remove him from his post and initiated proceedings before the Court of First Instance and – on appeal – the Court of Justice. His claims were rejected. Subsequently he lodged a complaint against the EU member states before the European Court of Human Rights, where his application

Henry G. Schermers and Niels M. Blokker

judges of the International Court of Justice, the International Tribunal for the Law of the Sea, the International Criminal Court, and the European Court of Human Rights are appointed for nine years, 401 those of the Court of Justice of the EU and the Inter-American Court of Human Rights for six years

Henry G. Schermers and Niels M. Blokker

participating international organizations be represented in such organs? If, for example, in the near future, the European Union were to adhere to the European Convention on Human Rights (see above, §1576), would it then be entitled to have an ‘EU judge’ as a member of the European Court of Human Rights