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14 K.C.L.J. 81 (2003)
Mary Carpenter v Secretary of State for the Home Department: The Beginning of a New Era in the European Union?

handle is hein.journals/kingsclj14 and id is 81 raw text is: (2003) 14 KCLJ 81

T HE 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 dis-
crimination 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 nation-
als 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?
Mrs Mary Carpenter, a national of the Philippines, was given leave in 1994 to enter
the United Kingdom as a visitor for six months. She overstayed that leave, and failed
to apply for an extension of her stay. In May 1996, she married Peter Carpenter, a
British national. Mr Carpenter ran a business selling advertising space in medical and
scientific journals. The business was established in the United Kingdom, however, a
significant proportion of it was conducted with advertisers established in other
Member States. Mr Carpenter also travelled to other Member States for the purposes
of his business. In July 1996, Mrs Carpenter applied to the Secretary of State for leave
to remain in the United Kingdom as the spouse of a national of that Member State.
Her application was refused and a deportation order was made against her. Mrs
Carpenter appealed to the Immigration Appeal Tribunal, and, as the latter considered
that the case turned on the interpretation of Community law, it stayed the proceed-
ings and referred a question to the ECJ for a preliminary ruling.
The issue was whether the situation of Mrs Carpenter fell within the scope of EC
law: could she claim a right of residence in the United Kingdom derived from EC law
(Article 49 EC or Directive 73/148/EEC), or was her situation a purely internal one
and thus her claim was to be judged by English law.

1. Case C-60/00, Judgment of 1I July 2002

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