Brussels, 09/05/2016 (Agence Europe) - Will the directive on quotas for women suffer the same fate as the one on maternity leave? In the Council, the issue seems to be at a standstill, with a minority of member states opposing it on the grounds of proportionality and subsidiarity.
Three and a half years ago, the Commission presented a draft directive with the aim of shattering the glass ceiling that prevents women from making it to decision-making posts in major European companies (see EUROPE 10730). It took the view at the time that, without regulatory intervention, it would take 40 years to end the current disparities (women make up only 13.7% of board members in major companies). It proposed, therefore, to bring in a 40% quota of women in non-executive posts on the boards of stock exchange-listed companies in Europe. Parliament, very keen on such a move, immediately gave its backing to the text (see EUROPE 10967), even stiffening the penalties against companies not complying with the provisions of the directive. However, just as with maternity leave, things seem more complicated in the Council. Despite the efforts of Luxembourg, several member states (Croatia, Denmark, Estonia, Germany, Hungary, Netherlands, Poland, Slovakia, Sweden and United Kingdom) have refused to give their support to the text. Little change is expected in 2016, given that both Presidencies (Netherlands and Slovakia) are against any such legislation. The same holds for the second half of 20167, when the United Kingdom will be at the helm in the Council. According to our information, the Dutch Presidency has had informal contact with the reluctant member states but “feels there is not enough support for progress to be made”. Given this context, the issue is not expected even to feature on the agenda of the next Employment and Social Affairs Council.
All too familiar scenario. This is not the first time that the Council has opposed a legislative proposal to improve gender equality. The most recent example is the directive on maternity leave, the aim of which was to extend leave to 18 weeks from the 14 at present. In the face of the entrenched opposition of the member states, the Commission was forced to withdraw its proposal. It is currently preparing a new, broader proposal, expected to address the work-life balance. According to our information, this text will also contain provisions designed to replace the unsuccessful plan to revise the working time directive (2003/88/EC), which sets a maximum average working week of 48 hours. (Original version in French by Sophie Petitjean)