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7 Gonz. J. Int'l L. 1 (2003-2004)

handle is hein.journals/gjil7 and id is 1 raw text is: THE NEED FOR A CHARTER OR BILL OF RIGHTS FOR GUIDANCE FOR THE EUROPEAN COURTS ON FUNDAMENTAL RIGHTS IN THE EU: THE TREATY OF AMSTERDAM AND BEYOND Dr. Donald D.A. Schaefer Abstract This paper will argue that the recent changes in the European Union regarding fundamental rights have not gone far enough in the direction of ensuring those rights. After reviewing the changes made before the Treaty of Amsterdam, it will next lay a foundation from which the more persuasive facts will allow a better understanding of why human/fundamental rights are so central to the European Court of Justice (ECJ). This court has the power to determine whether a Member State has fulfilled its obligations under Community law, but it may do so only with guidance in the form of European Union law which is, to date, lacking. Though the 1999 Treaty of Nice allowed the introduction of the Charter of Fundamental Rights of the European Union (Charter), not until it (or a Bill of Rights) is passed will the ECJ finally have the legal framework to enforce fundamental rights. This may soon occur, if the European Union Constitution with the Charter embedded is finally ratified in 2004. Until such time as the Charter (or Bill of Rights) becomes law, however, the European courts, plaintiffs/prosecutors, and defendants will operate in uncertainty about when or how the ECJ will rely upon the existing treaties or case law regarding fundamental rights. Introduction The purpose of this paper is to explore the changes regarding human-rights cases, violations, and prosecutions brought before the European Court of Justice (ECJ)1 both before and after the Treaty of Amsterdam went into force in 1999. It will also speculate about future changes and their impact on the European human-rights landscape. The paper will argue that while the changes have been positive, they have clearly not gone far enough in the direction of protecting the human/fundamental rights of citizens of the European Community (EC).2 In addition, there remains a degree of uncertainty as to the future of the EC regarding rights for the accused. Until recently, Europe appeared headed

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