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Gender Equality in the Case Law of the European Court of Justice. IES WORKING PAPER 2/2009

Brzezińska, Agata (2009) Gender Equality in the Case Law of the European Court of Justice. IES WORKING PAPER 2/2009. [Working Paper]

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    The principle of gender equality forms a part of the EU’s social policy and serves equally men and women. So far, fourteen directives concerning gender equality have been adopted in the EU, with the New Equal Treatment Directive as the latest one. The EU has developed different models to promote gender equality: equal treatment, positive action and most recently gender mainstreaming. The equal treatment model is primarily concerned with formal equality and it unfortunately prevails in the ECJ’s rulings. Indeed, this paper argues that so far, the ECJ has not managed to develop a firm and consistent case law on gender equality, nor to stretch it coherently to positive action and gender mainstreaming. It seems that in spite of some progress in promoting the position of women, the ECJ’s case law has recently taken a step backwards with its conservative judgments in e.g. the Cadman case. Overall, this paper aims at summing up and evaluating the most important cases of the ECJ on gender equality.

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    Item Type: Working Paper
    Subjects for non-EU documents: EU policies and themes > EU institutions & developments > European Court of Justice/Court of First Instance
    EU policies and themes > Policies & related activities > social policy > gender policy/equal opportunity
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Series: Series > Institute for European Studies (Brussels) > Working Papers
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 12 Feb 2015 15:56
    Number of Pages: 42
    Last Modified: 12 Feb 2015 15:56

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