This paper, which was published as a chapter of a Festskrift for Professor Ruth Nielsen, analyses Article 23 CFREU, the new provision on gender equality. It argues that Article 23 adds to the notion of gender equality in EU law, and not only allows, but also demands positive action measures if necessary to ensure equality between women and men. The provision also demands that positive action measures are suitable to achieve their aim. This implies that the EU legislator has to adapt positive action measure to the specific needs of the sector. The paper offers a critique of the proposal to introduce women quotas in board rooms, as proposed by the EU Commission in late 2012. It argues that the Commission unimaginatively copied rules developed for the German public service into a different sector, although these rules have not proven particularly efficient even in the public service. Consequently, a proposal that is demanding, but adapted to the sector should be developed.
|Title of host publication||Festkrift Libera Amicarum et Amicorum in Honour of Ruth Nielsen|
|Editors||Jens Fejø, Ulla Neergaard, Christina Tvarnø, Grit Olykke|
|Place of Publication||Copenhagen|
|Number of pages||322|
|Publication status||Published - 2013|
- Positive Action
- European Union
- Charter of Fundamental Rights for the European Union
ASJC Scopus subject areas
Schiek, D. (2013). Gender Equality under the Charter of Fundamental Rights - a new lease for positive action? In J. Fejø, U. Neergaard, C. Tvarnø, & G. Olykke (Eds.), Festkrift Libera Amicarum et Amicorum in Honour of Ruth Nielsen (pp. 299). DJOF Publishing.