Transforming Europe: EU's gender policy

• Author: Toma-Bianov, A.
• Position: Department of Public Law, Transilvania University of Brasov
• Pages: 139-144

Bulletin of the Transilvania University of Braşov • Vol. 4 (53) •No. 1 - 2011

Series VII: Social Sciences • Law

TRANSFORMING EUROPE:

EU’S GENDER POLICY

Anamaria TOMA-BIANOV1

Abstract: The essay is a rather descriptive one, focused upon EU’s gender

policy, and especially upon the European Commission’s Strategy for equality

between men and women (2010-2015). The goals of European Commission

are rather optimistic and they focus on the economic challenges and growth.

It will be interesting to have a future research on the implementation of the

Strategy at the member states level, to see if the Commission’s goals would

be achieved.

Key words: European Union, gender, strategy, policy.

1 Department of Public Law, Transilvania University of Braşov.

1. Introduction

The history of EU gender equality

legislation goes back to the 1957 Treaty of

Rome, which provided the principle of

equal pay for men and women (Article 119

amended by Treaty of Amsterdam and

renumbered as Article 141 EC). Later, the

principles of gender equality was anchored

in the EC Treaty and amending Treaties, as

well as in the most recent Lisbon Treaty

and further strengthened with the adoption

of binding EC secondary legislation (i.e.

the directives), and with the ‘soft’ law

measures (for example strategies and

recommendations), not to ignore the

relevance of the case law of the European

Court of Justice (ECJ). Despite the actions

taken at European level to eliminate gender

discrimination much remains to be done,

as stated in European Commission’s

Strategy for equality between men and

women, 2010-2015, or in Europe 2020

Strategy.

2. EU’s gender equality policy

Gender equality occupies an important

place in the EU which has served as an

invaluable platform for the pursuit of

gender equality and the fight against

discrimination in this particular area.

There is a wide range of views about the

extend to which the development of EU

has been associated with the reduction of

gender inequalities, varying from very

considerable [1], to very limited [2]. Still,

the promotion and strengthening of gender

equality has been established as an priority

policy of the Community agenda and has

been held on numerous occasions by the

ECJ to be a fundamental right and a

general law principle under Community

legal order [3].

The importance of gender equality was

given new impetus by the insertion of

Article 13 EC into the EC Treaty, which

gives the Community further competence

to adopt anti-discrimination legislation. In

particular, the Council has the power to

adopt legislation aimed at fighting

discrimination on grounds of sex, racial or