Towards Effective EU Gender Equality Law

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ID: 321394
2026
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Abstract
Abstract This chapter examines how EU gender equality law can be effectively implemented, monitored, complied with, and enforced in practice, analysing the obligations EU law imposes to this effect and identifying areas where further reform may be required. The chapter begins by exploring the respective roles of individual and group justice in the EU framework, identifying existing shortcomings and the potential of a shared constitutional responsibility approach. The analysis then turns to the different stages at which effectiveness must be secured. First comes the prevention of discrimination and the promotion of equality, followed by public implementation, compliance/monitoring by national bodies (including equality bodies), and enforcement. Only after that do private enforcement and individual and strategic litigation become relevant. In this context, the chapter then examines the direct effect of EU Treaty, Charter, and directive provisions, underscoring the need for consistent interpretation. It analyses the requirements for effective judicial protection, and how these have developed over time. Central to the chapter is the importance of a paradigm shift from the prevailing focus on individual justice towards a strengthened group justice approach—one geared towards structural and transformative equality and that emphasizes the responsibility of a wide range of both public and private actors. To this end, the chapter concludes by highlighting how the European legislator has created a window of opportunity for realizing this shift in the recently adopted directives on equal pay transparency and better enforcement, violence against women, and equality bodies.
Reference Key
openalex_W7169515899 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Alexandra Timmer, Linda Senden, Susanne Burri
Journal Oxford University Press eBooks
Year 2026
DOI
10.1093/law/9780198845256.003.0009
URL
https://doi.org/10.1093/law/9780198845256.003.0009
Keywords Keywords not found

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