Women on Company Boards – An Example of Positive Action in Europe

Abstract

In the last decade there has been a rising pressure in Europe to increase the number of women in the boards of large companies. Starting with Norway in 2003, several countries adopted legislation for this purpose. Building on this evolution, in November 2012 the European Commission presented a draft Directive applicable to big companies listed on the stock exchange. After describing these developments, the paper examines the case law of EU Court of Justice on positive action for women in employment. On that basis, it is suggested that the Court could accept the Commission’s proposal as compatible with the principle of equality. Finally, the paper puts the measures in favour of women in company boards, as an example of positive action, in the context of other national measures in favour of women and in favour of other groups - such as persons with disabilities and ethnic minorities.