Gender Quota for Corporate Directors: a Task for the European Union? The Revival of the Directive on Gender Balanced Company Boards

Abstract

The ongoing debate on the necessity of EU legislation on gender balanced company boards gives rise to interesting questions in respect of the concepts of equality and subsidiarity. After the Council recently reached a common position on the matter, the renewed topicality of the draft directive of 2012 is cause for an analysis of both the original and amended draft text in view of these concepts. Do the originally proposed quota measures for private company boards meet the requirements of the principles of equality and subsidiarity? Following an analysis of the changes to the directive as proposed by the Council, this contribution will successively review in what manner controversies appear to have been addressed and with what probable implications for the directive’s effectiveness.