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European Equality Law Review: 2020/1 DS-AY-20-001-EN-N ISSN 2443-9606 European equality law review European network of legal experts in gender equality and non-discrimination 2020/1 IN THIS ISSUE ■ Strategic litigation: equality bodies’ strategic use of powers to enforce discrimination law ■ A comparative study on collective redress in France, Norway and Romania: the challenges of strategic litigation ■ Whose equality? Paid domestic work and EU gender equality law ■ Online violence against women as an obstacle to gender equality: a critical view from Europe Justice and Consumers EUROPEAN COMMISSION Directorate-General for Justice and Consumers Directorate D — Equality and Union citizenship Unit D.1 Non-discrimination and Roma coordination Unit D.2 Gender Equality European Commission B-1049 Brussels EUROPEAN COMMISSION European equality law review Issue 1 / 2020 Directorate-General for Justice and Consumers 2020 To receive hardcopies of the European equality law review and be added to our mailing list to automatically receive future issues, please visit the Network’s website: http://www.equalitylaw.eu/publications/order. Europe Direct is a service to help you find answers to your questions about the European Union. Freephone number (*): 00 800 6 7 8 9 10 11 (*) The information given is free, as are most calls (though some operators, phone boxes or hotels may charge you). LEGAL NOTICE This document has been prepared for the European Commission; however, it reflects the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein. More information on the European Union is available on the Internet (http://www.europa.eu). Luxembourg: Publications Office of the European Union, 2020 Print ISBN 978-92-76-19885-7 ISSN 2443-9592 doi: 10.2838/561321 DS-AY-20-001-EN-C PDF ISBN 978-92-76-19884-0 ISSN 2443-9606 doi: 10.2838/093336 DS-AY-20-001-EN-N © European Union, 2020 Contents Introduction on the state of play v Members of the European network of legal experts in gender equality and non-discrimination ix Strategic litigation: equality bodies’ strategic use of powers to enforce discrimination law 1 Emma Lantschner A comparative study on collective redress in France, Norway and Romania: the challenges of strategic litigation 19 Marie Mercat-Bruns Whose equality? Paid domestic work and EU gender equality law 36 Vera Pavlou Online violence against women as an obstacle to gender equality: a critical view from Europe 47 Kim Barker and Olga Jurasz European case law update Court of Justice of the European Union 62 European Court of Human Rights 69 Key developments at national level in legislation, case law and policy Albania 72 Austria 73 Belgium 74 Bulgaria 75 Croatia 76 Cyprus 79 Czechia 80 Denmark 81 Estonia 81 France 82 Germany 85 Greece 86 Hungary 91 Italy 93 Liechtenstein 95 Montenegro 95 Netherlands 96 North Macedonia 98 Norway 99 iii EUROPEAN EQUALITY LAW REVIEW – Issue 1 / 2020 Poland 102 Portugal 103 Romania 104 Serbia 104 Slovenia 106 Spain 107 Sweden 110 iv Introduction on the state of play This is the 10th issue of the biannual European equality law review, produced by the European network of legal experts in gender equality and non-discrimination (EELN). This issue provides an overview of legal and policy developments across Europe and, as far as possible, reflects the state of affairs from 1 July to 31 December 2019. The aim of the EELN is to provide the European Commission and the general public with independent information regarding gender equality and non-discrimination law and, more specifically, the transposition and implementation of the EU equality and non-discrimination directives. In this issue This issue opens with four in-depth analytical articles. The first article, by Emma Lantschner, associate professor at the Centre for Southeast European Studies, University of Graz, examines the equality bodies’ strategic use of powers to enforce discrimination law, comparing legislation and practice in Belgium, Finland and Sweden. The second article, by the gender equality expert for France, Marie Mercat-Bruns, surveys the state of affairs of the EU collective redress package, focusing on France, Romania and Norway. The third article, by Vera Pavlou, gender equality expert for Cyprus, looks at the legal and practical obstacles faced by domestic workers concerning equality at work. The final article is by Kim Baker from the University of Stirling and Olga Juraz from the Open University law school, and looks at online violence against women as an obstacle to gender equality, providing a critical view from a European perspective. Recent developments at the European level1 From January to April 2019, the European Commission held a public consultation to gather information, views and experiences from a broad range of stakeholders2 on the functioning and implementation of the ‘equal pay’ principle. Respondents were invited to provide their opinion on the different aspects of the implementation of the EU legal framework on equal pay, including the Gender Equality Recast Directive and the Commission Pay Transparency Recommendation, and more specifically on pay transparency and enforcement measures, as well as on the protection of victims of gender pay discrimination. In July 2019, a summary report of the findings was published, which showed that 44 % of respondents feel that men and women are not paid equally for the same work or work of equal value in their countries, whilst 23 % of respondents believe that men and women are paid equally. The lack of dissuasive penalties imposed on employers, lack of awareness among employees about equal pay rules and the lack of job evaluation systems and their effective application were identified as the main obstacles to effective implementation of the principle of equal pay for women and men. Most respondents were of the opinion that greater pay transparency contributes to reducing the gender pay gap. The results of this consultation were fed into the European Commission’s evaluation of the EU legal framework on equal pay.3 1 This section, like the rest of this issue of the European equality law review, covers the period from 1 July to 31 December 2019. 2 Stakeholders included public authorities and administrations, professional and business associations, trade unions and trade union associations, companies, women’s associations, national equality bodies, labour inspectorates, other national bodies, citizens, civil society and non-governmental organisations, academics and research funding and performing organisations, including universities. 3 European Commission (2019), ‘Evaluation of the EU legal framework on “equal pay for equal work or work of equal value” – public consultation’, July 2019, available at: https://ec.europa.eu/info/law/better-regulation/have-your-say/ initiatives/1839-Evaluation-of-the-provisions-in-the-Directive-2006-54-EC-implementing-the-Treaty-principle-on-equal- pay-/public-consultation. v EUROPEAN EQUALITY LAW REVIEW – Issue 2 / 2020 On 28 October 2019, Special Eurobarometer 493 on discrimination (including against LGBTI people) in the EU was published. The survey was carried out in May 2019, and shows EU citizens’ perceptions, attitudes and opinions of discrimination based on ethnic origin, skin colour, gender, age, disability, religion and belief. The survey shows that in general, fewer EU citizens than in 2015 currently perceive discrimination as being widespread in their country. However, these results vary widely depending on the ground of discrimination and Member State. The respondents identified being Roma as the most common ground for widespread discrimination (61 %), followed by discrimination on the basis of ethnic origin and skin colour (both 59 %), transgender (48 %), religion or belief (47 %), disability (44 %), age (40 %), intersex (39 %), and finally, gender (35 %).4 In October 2019, the European Commission exceeded the targeted gender balance in middle and senior management positions, which had been set at 40 % by (former) President Jean-Claude Juncker at the beginning of his mandate in 2014. Female managers at all levels stood at 41 % in October 2019 compared to 30 % in 2014, which is an increase of 37 %. The proportion of female managers at other levels is even higher at 42 %. These figures place the Commission among the public administrations around the world with the highest share of women in leadership positions.5 On 27 November 2019, a large majority of members of the European Parliament voted in favour of the new European Commission proposed by Ursula von der Leyen based on the political guidelines for 2019-2024 presented by her earlier that year.6 For the first time in the EU’s history, the new Commission reached near gender balance, consisting of 13 female and 14 male commissioners led by a female president. The political and structural changes brought by the appointment of the new Commission are significant for the work of the European network of legal experts in gender equality and non-discrimination in a number of ways. First, the post of Commissioner for Equality was created, and Helena Dalli was appointed to this role. Reporting to Věra Jourová, vice-president for Values and Transparency, the new Commissioner is supported by an inter-disciplinary task force composed of qualified staff from different relevant Directorate-Generals. In addition, Margaritis Schinas, vice-president for Promoting our European Way of Life, will lead a new team responsible for the fight against antisemitism. The responsibilities of the new Commissioner for Equality include: – Strengthening Europe’s commitment to inclusion and equality in all its senses, irrespective of sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. – Leading the fight against discrimination and developing EU anti-discrimination legislation. – Leading on the EU implementation of the United Nations Convention on the Rights of Persons with Disabilities. In addition, disability will be mainstreamed in all EU policies. – Developing a European gender strategy to address barriers for women, including gender mainstreaming and advocating equality at work with binding pay transparency.
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