The changing shape of the "European family" and fundamental rights
The changing shape of the "European family" and fundamental rights
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.
80-90
Caracciolo di Torella, Eugenia
82bcd9d1-4eba-4d69-b03d-5e428ea92d47
Reid, Emily
a92c07ed-6f38-49fc-a890-0339489df255
February 2002
Caracciolo di Torella, Eugenia
82bcd9d1-4eba-4d69-b03d-5e428ea92d47
Reid, Emily
a92c07ed-6f38-49fc-a890-0339489df255
Caracciolo di Torella, Eugenia and Reid, Emily
(2002)
The changing shape of the "European family" and fundamental rights.
European Law Review, 27 (1), .
Abstract
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.
Text
39043.pdf
- Version of Record
Restricted to Repository staff only
Request a copy
More information
Published date: February 2002
Identifiers
Local EPrints ID: 39043
URI: http://eprints.soton.ac.uk/id/eprint/39043
ISSN: 0307-5400
PURE UUID: e845a81c-6e6e-4846-b992-f22060396343
Catalogue record
Date deposited: 20 Jun 2006
Last modified: 16 Mar 2024 03:04
Export record
Contributors
Author:
Eugenia Caracciolo di Torella
Download statistics
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
