Original scientific paper

EU LAW AND GENDER-BALANCED BOARDS: MAKING EQUALITY EFFECTIVE

Snježana Vasiljević orcid.org/0000-0003-0609-3191 ; Faculty of Law, University of Zagreb
Ana-Maria Sunko ; Faculty of Law, University of Zagreb

Abstract

This paper reflects on the problem of gender balance in
economic decision-making, considers its legislative roots, and offers
potential guidance for its solution. The paper takes into account the
origin of positive action and effective equality in the scope of EU legislation
and CJEU case law and tackles the most troublesome issues
regarding the new initiative of making equality in boards effective.
It analyses gender equality in three approaches of positive action.
Firstly, the fragile approach at the EU level, despite the rich historical
impact it has had. Secondly, positive action on CJEU terrain where
standards of equality have been set by useful case law. Finally, the
form of legislative positive action which aimed to break the glass ceiling
in corporate boards – the ‘Women on Boards Directive’. With such
an approach, the paper offers the authors’ view on the stability of
positive action and an interpretation of the above-mentioned directive.

Keywords

Hrčak ID:

193056

URI

https://hrcak.srce.hr/193056

Publication date:

31.12.2017.

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