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MARY CARPENTER v SECRETARY OF STATE FOR THE HOME DEPARTMENT : THE BEGINNING OF A NEW ERA IN THE EUROPEAN UNION?

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Abstract:

The very recent judgment of the Court of Justice (“ECJ”) in the case of Mary Carpenter can be characterised as revolutionary, marking both the beginning of a new era in which the protection of human rights within the EU will be enhanced and at the same time ensuring that the legitimacy of the principle of reverse discrimination arising in the EU context will be more and more disputed. It can also be seen as leading towards an important extension of the rights of third-country nationals residing within the EU. But is this really so, or will the doors which have been opened by it be easily shut by the air of confusion which the judgment has brought?

Document Type: Research Article

Publication date: January 1, 2003

More about this publication?
  • Until 2007 the King's Law Journal was known as the King's College Law Journal. It was established in 1990 as a legal periodical publishing scholarly and authoritative Articles, Notes and Reports on legal issues of current importance to both academic research and legal practice. It has a national and international readership, and publishes refereed contributions from authors across the United Kingdom, from continental Europe and further afield (particularly Commonwealth countries and USA). The journal includes a Reviews section containing critical notices of recently published books.
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