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We have seen the evolution of jurisprudence of the protection of the fundamental rights to community level and the role of the Court of justice. Only in 1992, with the Essay of Maastricht, that founds the European union, the principles elaborated by the Court of justice find a formalization and a normative base. The article 6 of the Treaty on the European union establishes that Europe "it respects the fundamental rights, what are guaranteed by the European Convention of the human rights and what result from the constitutional traditions common of States members, as general principles of the community right". As we have seen it's a formulation of jurisprudencial origin . In 1997, with the Treaty in Amsterdam, the article 7 of the Treaty has been introduced in the European union, according to which the European Council, the organ that reunite the Heads of State and Government of States members, can notice to the unanimity a serious and persistent violation of the human rights from a State member. Subsequently to this evaluation, to majority of the 2/3, the Council can suspend some rights that the Treaty reserves for States members, in the case of violation of the human rights. Always in the case in which the evident risk of serious violation of the human rights is recognized, the Council can send recommendations to the State member interested. The following passage in the progressive walk in the protection of the human rights to community level, has been the Chart of the rights approved by the European Council in Nice in December 2000. The Chart had a preparation, a long phase of preparation, and has been prepared at the representatives of the national Parliaments, of the European Parliament, of the Commission and of the Heads of State and Government, on initiative of the European Council held him to Colony, the preceding year, in the '99. The Chart of Nice is structured as a constitutional paper on 6 chapters devoted to the dignity, to the freedom, to the equality, to the solidarity, to the citizen and the justice. The Chart begins proclaiming the inviolability of the human dignity and contains a final clause, according to which the level of protection assured by the paper is never able to reduce or to weaken the levels of protection already guaranteed by the European Convention of the human rights or from the Constitutions of States members. The Chart however, as I said before, has been proclaimed in the 2000 Nice European Council and it is therefore formally deprived of binding value for States members, neither it introduces particular innovations in comparison to the catalog of the rights and the liberties, elaborate thin to now from the Court of justice. It is however a written text, a text, as to say, that also the not jurist can read and to see its content. This is the great advantage in comparison to the mere jurisprudencial elaboration, that is the values and the rights on which the community integration founds him have finally been made visible and easily legible. Despite the lack of binding value, the Chart of Nice begins to be quoted and used, at least as principle, for the interpretation of the already existing rights to community level, both from the national judges, and from the Court of justice. The Chart has entirely been adopted in the Treaty that adopts a Constitution for Europe, signed in October 2004, and the Chart occupies the second part of the Treaty. As known, as we have already seen in other occasions of other meetings, the process of ratification of the Treaty that adopts the European Constitution is currently non concluded because States have met some difficulties in the process of ratification, and therefore the protection of the fundamental rights, integrated in the constitutional text, remains still today submitted by a side to the jurisprudence of the Court of justice, from the other to the non binding value of the Chart in Nice.
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