The Council of Europe Commissioner for Human Rights, Thomas Hammarberg, said in his speech on 8th March 2011 „Every day women in Europe experience one of the most deep-rooted injustices - being paid less than a man for work of equal value.“
Equality between women and men is one of the objectives of the European Union. With the aid of legislation, case law and amendments to the contracts it had gradually succeeded to give emphasis to this principle and apply it in the EU.
This work will now try to show you this development. In the beginning, there will be a description of legal framework in the EU. This framework essentially bases on Article 157 TFEU and the Directive 2006/54. Afterwards follows the development of case studies by the jurisprudence of the ECJ in more detail. Keep on with the content of Article 157 TFEU with a closer look on the questions: What is pay? What is equal pay for equal work or work of equal value? When exists discrimination? What is the difference between direct and indirect discrimination?
“Well come forward, but still long way to go”: So the initial assessment of the agreement is to promote equal opportunities between women and men in the private sector. Is it right and more: is it enough? Let's see if this question can be answered at the end of this work.
Table of Contents
1 INTRODUCTION
2 LEGAL FRAMEWORK
2.1 Article 157
2.2 Directive 2006/54/EC
3 ECJ DECISIONS: EQUAL PAY CASES UNDER ART. 157 TFEU
3.1 1st Case: C-191/03 North Western Health Board v. McKenna [2005] ECR I-07631
3.2 2nd Case: C-342/93 Gillespie and others v. Northern Health and Social Services Boards [1996] ECR I-475
3.3 3rd Case: C-313/02 Wippel v. Peek & Cloppenburg GmbH & Co. KG. [2004] ECR I-9483
4 ARTICLE 157 TFEU
4.1 History
4.1.1 From Article 119 EEC to Article 157 TFEU
4.1.2 Case Law
4.2 Content of Article 157 TFEU
4.2.1 What is “pay” in Article 157 TFEU?
4.2.2 Widening the definition of “pay”
4.2.3 Equal pay for equal work and work of equal value
4.2.4 Types of discrimination
5 CONCLUSION AND INTERPRETATION
Research Objectives and Themes
This work aims to analyze the development and application of the principle of equal pay within the European Union, specifically focusing on the legal framework provided by Article 157 TFEU and Directive 2006/54/EC. It seeks to answer whether current legislation effectively prevents gender-based pay discrimination and to explore the role of the European Court of Justice (ECJ) in interpreting these mandates.
- The legal evolution from Article 119 EEC to Article 157 TFEU.
- The definition and expansion of "pay" under EU law.
- The differentiation and judicial handling of direct versus indirect discrimination.
- The impact and limitations of ECJ case law on real-world gender equality.
- Evaluation of the persistent gender pay gap despite legislative efforts.
Excerpt from the Book
4.1.1 From Article 119 EEC to Article 157 TFEU
Sex discrimination in pay was regulated in the European Union since the Treaty of Rome in 1957. Only one single provision was included to combat gender discrimination, namely the principle of equal pay between men and women for equal work, Article 119 EEC. The background to this provision was just economic. The Member States, especially France, wanted to abolish distortions in competition between undertakings established in different Member States. Since France had adopted measures on equal pay for men and women much earlier than the other states, they feared that cheap female labour from other Member States would put French activities and the economy at a drawback. Later, in 1976 the Court of Justice ruled that Article 119 EEC (now 157 TFEU) not only had an economic, but also a social aim. As such, it added to social progress and the development of living and working circumstances. Later on, the ECJ even decided that the economic aim is subordinate to the social aim. It also held that the principle of equal pay is an expression of an essential human right.
Summary of Chapters
1 INTRODUCTION: Outlines the historical context of gender-based wage injustice and introduces the scope of the legal framework and research questions.
2 LEGAL FRAMEWORK: Describes the foundation of EU sex equality law through Article 157 TFEU and Directive 2006/54/EC.
3 ECJ DECISIONS: EQUAL PAY CASES UNDER ART. 157 TFEU: Analyzes three key ECJ cases to illustrate the practical application and judicial interpretation of equal pay principles.
4 ARTICLE 157 TFEU: Examines the historical development, the legal definition of pay, and the distinction between direct and indirect discrimination.
5 CONCLUSION AND INTERPRETATION: Summarizes the effectiveness of EU legislation and addresses the persistent challenges regarding the gender pay gap.
Keywords
Article 157 TFEU, Equal Pay, European Court of Justice, Gender Discrimination, Directive 2006/54/EC, Pay Gap, Equal Treatment, Employment Law, Labour Law, Social Progress, Indirect Discrimination, Direct Discrimination.
Frequently Asked Questions
What is the fundamental objective of this publication?
The publication aims to examine the legislative development and judicial interpretation of the principle of equal pay for men and women within the European Union.
What are the core thematic areas covered in this work?
Key areas include the evolution of Article 157 TFEU, the definition of remuneration, the categorization of discrimination (direct/indirect), and the impact of ECJ jurisprudence.
What is the primary research question?
The work explores whether the established EU legal framework is sufficient to eliminate gender-based pay discrimination and addresses the persistence of the gender pay gap.
Which scientific methods are employed?
The author utilizes a legal-analytical approach, focusing on the examination of EU treaties, directives, and specific case law rulings by the European Court of Justice.
What topics are discussed in the main body of the text?
The main body covers the transition from Article 119 EEC to the current TFEU, the widening definition of "pay" through cases like Barber, and the identification of discriminatory practices in employment.
Which keywords characterize this document?
Central terms include EU Law, Article 157 TFEU, Equal Pay, Gender Discrimination, and ECJ Case Law.
How does the author define the difference between direct and indirect discrimination?
Direct discrimination involves unequal treatment based on sex, while indirect discrimination is identified when a seemingly neutral requirement or condition disproportionately disadvantages one gender without objective justification.
What is the significance of the Defrenne v Sabena case?
It is cited as a foundational case that confirmed the direct effect of Article 119 EEC, allowing individuals to pursue claims against private employers, not just Member States.
Why does the author argue that the current legal situation is insufficient?
The author points to the persistent gender pay gap and suggests that a lack of stringent enforcement, societal cultural factors, and insufficient public awareness prevent the full realization of equality.
- Quote paper
- Anna Grasmik (Author), 2012, EU sex discrimination law and the principle of equal pay, Munich, GRIN Verlag, https://www.hausarbeiten.de/document/190764
