The changing shape of the "European family" and fundamental rights

Caracciolo di Torella, Eugenia and Reid, Emily (2002) The changing shape of the "European family" and fundamental rights. European Law Review, 27, (1), 80-90.


[img] PDF - Version of Record
Restricted to System admin

Download (2085Kb) | Request a copy


In D and Sweden v Council the Court of Justice was asked to interpret two very sensitive issues. The first concerned what constitutes a family for the purposes of E.U. Law. This is not the first case in which the Court has considered such a question, and it has always given a restrictive answer.

This time, however, because of a change in both the E.U. instruments available and Member States' policies on this issue, it was hoped that the Court would modify its approach and take into consideration the changing reality of today's society. This did not happen. The second issue, which was raised by the Advocate General, concerned interpretation of the recently adopted E.U. Charter of Fundamental Rights. The Court however remained silent on this point. The judgment of the Court is technically legitimate, yet is disappointing because its effect is to undermine both existing and potential policy developments of the Member States. Furthermore, it suggests that perhaps certain fundamental rights are not adequately protected within the E.U.

Item Type: Article
ISSNs: 0307-5400 (print)
Related URLs:
Subjects: H Social Sciences > HQ The family. Marriage. Woman
K Law > K Law (General)
Divisions : University Structure - Pre August 2011 > School of Law
ePrint ID: 39043
Accepted Date and Publication Date:
February 2002Published
Date Deposited: 20 Jun 2006
Last Modified: 31 Mar 2016 12:08

Actions (login required)

View Item View Item

Downloads from ePrints over the past year. Other digital versions may also be available to download e.g. from the publisher's website.

View more statistics