The revision of the Posted Workers Directive: towards a sufficient policy adjustment? EPC Discussion Paper, 20 April 2016

Labour mobility within the European Union continues to be a limited phenomenon. This concerns both long-term intra-EU mobility and more temporary forms of mobility such as posting of workers, i.e. workers posted to another member state in the framework of cross-border service provision. Yet, despite the limited nature of posting, this topic is far from being absent from the public and political debates. Several factors contribute to this. Firstly, a surge in the number of posted workers has been noticed over the recent years and increased attention has therefore been paid to this issue. Quite a few economic sectors, including construction, manufacturing, and social work, are very concerned by this trend. Secondly, several types of abuses have been recorded such as letter-box companies, bogus self-employment and exploitation of the posted workers' vulnerable situation. Thirdly, questions have been raised as to whether the balance struck by the EU legislator in 1996 (when adopting the Posted Workers Directive) between the freedom to provide crossborder services and the workers' social rights is still valid today. These elements highlight the need for a policy adjustment in order to preserve the legitimacy of the citizens' and workers' freedom to move and, to a certain extent, of the social dimension of the European project. In this context, the European Commission published a proposal to revise the 1996 Directive in order to strike a better balance between economic and social rights. But is this proposal sufficient to ensure a level playing field between economic actors and equal treatment between workers? How will this proposal affect the implementation of other EU initiatives aiming to tackle fraud and abuse? What else is needed to address the tensions between the Single Market principles and the EU's social objectives? This discussion paper, published in the context of the Dutch Presidency and the ongoing negotiations of a revised Directive on posted workers, focuses on these questions while proposing some concrete solutions for a fairer policy framework.

Women's Labour Market Performance in Europe: Trends and Shaping Factors. CEPS Special Report, September 2012

We investigate the changes in women’s employment patterns across EU countries over the last 20 years both in terms of labour market participation and type of jobs using individual data from ECHP and EUSILC databases. Using a logistic multilevel model, we then pin down the role played by institutional and policy changes in explaining women’s employment. The key results indicate that women’s employment trends are related to the institutional and policy changes that have been introduced in almost all European countries since the end of the 1990s. Such changes had an important impact on the labour market opportunities’ of women by affecting the quality of potential jobs available, the chances to (re-)enter the labour market and the opportunity costs of employment (vs. non-employment).

Good governance of gender balance. CEPS Commentary, 16 November 2012

CEPS Chief Executive Karel Lannoo observes in this CEPS Commentary that there is a compelling need to attract more women to positions of high responsibility in Europe in light of their demonstrated capacity to contribute significantly to the improvement of governance.

The Arab Spring: A Litmus Test for the EU’s Women’s Rights Policy in the Euro-Mediterranean Area? Bruges Regional Integration & Global Governance Paper 1/2013

The promotion of women’s rights is described as a priority within the external action of the European Union (EU). As a result of the Arab Spring uprisings which have been ongoing since 2011, democracy and human rights have been pushed to the forefront of European policy towards the Euro-Mediterranean region. The EU could capitalise on these transformations to help positively reshape gender relations or it could fail to adapt. Thus, the Arab Spring can be seen to serve as a litmus test for the EU’s women’s rights policy. This paper examines how and to what extent the EU diffuses women’s rights in this region, by using Ian Manners’ ‘Normative Power Europe’ as the conceptual framework. It argues that while the EU tries to behave as a normative force for women’s empowerment by way of ‘informational diffusion’, ‘transference’ ‘procedural diffusion’ and ‘overt diffusion’; its efforts could, and should, be strengthened. There are reservations over the EU’s credibility, choice of engagement and its commitment in the face of security and ideological concerns. Moreover, it seems that the EU focuses more intently on women’s political rights than on their social and economic freedoms.

Not Making the Lists: The Underrepresentation of Women in EU Politics and Business. EPIN Commentary No. 12, 22 August 2013

The EU has recently been pushing for legislation to strengthen the gender balance on company boards in its member states and indeed, the principle of gender equality is enshrined in the European treaties. Yet, as Vilde Renman points out, women are clearly underrepresented in top positions within EU institutions themselves. The upcoming European Parliament elections are an opportunity for the EU to appoint more women at the highest levels of administration and legislature, thereby setting an example for companies, member states and citizens alike.

Advances in EU Gender Equality: Missing the mark? EPIN [Working] Paper No. 41/September 2014

Gender balance has been a particularly salient issue in the recent process of formulating the list of designated commissioners. Jean-Claude Juncker’s success, as President-elect of the European Commission, in securing the designation of nine women as commissioners should be seen in perspective. Female representation in top EU positions remains low. This paper analyses the EP committees, finding a clear divergence in legislative influence between committees chaired by men and women. Although female political representation has been increasing, this is happening at a very slow pace and the most influential leadership roles in the EP remain dominated by men. This raises questions of the possible need to resort to stronger measures to improve female representation in the EU institutions.

Gender Equality in the Case Law of the European Court of Justice. IES WORKING PAPER 2/2009

The principle of gender equality forms a part of the EU’s social policy and serves equally men and women. So far, fourteen directives concerning gender equality have been adopted in the EU, with the New Equal Treatment Directive as the latest one. The EU has developed different models to promote gender equality: equal treatment, positive action and most recently gender mainstreaming. The equal treatment model is primarily concerned with formal equality and it unfortunately prevails in the ECJ’s rulings. Indeed, this paper argues that so far, the ECJ has not managed to develop a firm and consistent case law on gender equality, nor to stretch it coherently to positive action and gender mainstreaming. It seems that in spite of some progress in promoting the position of women, the ECJ’s case law has recently taken a step backwards with its conservative judgments in e.g. the Cadman case. Overall, this paper aims at summing up and evaluating the most important cases of the ECJ on gender equality.

Localizing EU Gender Policy: The Diffusion of Gender Mainstreaming across Feminist Movements in Eastern Germany. CES Germany & Europe Working Papers, No. 08.1, June, 2008

Gender mainstreaming emerged in the mid-1990s as an innovative and controversial policy tool for reducing gender inequalities. The European Union seeks to propagate the practice of gender mainstreaming both within EU institutions and among member states. Feminist scholars and policy elites discuss and debate gender main-streaming widely, but have yet to consider how local feminist activists, who could play a central role in diffusing gender mainstreaming, understand, interpret and respond to this agenda. This paper examines whether and why local feminist movements in two cities in eastern Germany adopt gender mainstreaming. Consideration of the characteristics of the contexts in which local feminist movements are embedded clarifies the conditions under which social movements rally round new policy paradigms.

A Progressive Promoter of Women’s Rights? Comparing EU Policy towards the ACP and the EMP Countries. Bruges Regional Integration & Global Governance Paper #3.2015

The paper offers an analysis of the degree to which two different external policy frameworks of the European Union (EU) have institutionalised and operationalised the EU’s commitment to women’s rights and gender equality. It compares the EU’s relations with the African Caribbean and Pacific (ACP) countries with the Euro-Mediterranean Partnership (EMP), using Senegal and Morocco as case studies. Although the comparison shows some resemblances between the two cases, as a whole women’s rights seem more deeply embedded in the institutional framework of EU-ACP relations than that of Euro-Mediterranean relations, and this together with the EU’s approach towards implementation has enabled its women’s rights policy to be slightly more influential on the ground in Senegal than in Morocco. However, both EU-ACP and EMP frameworks have their limits, reflecting the more general problem of inconsistency between the EU’s declaratory objectives and its actual promotion of human rights.

Women's political participation in Tunisia. Arab Citizenship Review No. 14, 21 January 2016

The collapse of the authoritarian regime in Tunisia in 2011 has given women new opportunities to participate in political life and in civil society activities, standing for elections (2011 and 2014) or becoming members of political parties and associations. Nevertheless, despite these advances and the already positive point of de- parture thanks to the legacy of Bourguiba, the “liberator of the country and the women”, participation of women remains unsatisfactory. While Tunisian women have enjoyed extended individual rights, especially compared to Arab women in general, since the country became independent in 1956, their political participation has remained controlled by the state.T he challenge of increasing the political participation of women, even in a democratic phase of the country’s political life, remains.The new electoral laws from 2011 and 2014 endorse parity and women rights, now guaranteed by the Constitution. However, the implementation of these rights is still at stake.

The implementation of the Gender Perspective in the EU civilian and military missions: Leadership wanted. Security Policy Brief No. 67, October 2015

Fifteen years have passed since the adoption of Security Council Resolution 1325 on Women, Peace and Security, through which time the EU has grown as a security actor. The keys to produce a change in implementing gender mainstreaming in the Common Security and Defence Policy (CSDP) are well known by member states; the EU and external implementation reports1 are repeated again and again, but real change requires real willingness on the part of member states, and leadership.

The EU approach to Gender: Limitations and Alternatives. European Policy Brief No. 40, December 2015

For several decades, the European Union has been at the forefront of significant progress in the struggle towards equality between women and men, among others in the fight against sex-based discriminations. The contemporary EU approach to gender has however become much more interested in representations and social norms. This paper analyses this stance and highlights its deficiencies – more specifically, it looks at the flaws entailed in an excessive focus on “gender stereotypes”. Finally, it briefly sketches out the principles of an alternative.

A success story for the EU and seasonal workers’ rights without reinventing the wheel. EPC Policy Brief, 28 March 2014

Despite the economic crisis with resulting high unemployment, EU economies face vacancies across the skill spectrum. At the low end there is a structural need when it comes to seasonal work. The Seasonal Workers Directive was launched at the same time as the Inter-Corporate Transferees (ICTs) Directive in 2010 – as part of the Commission’s 2005 Policy Plan on Legal Migration – and initially appeared to be more troublesome, with the stigma of ‘migrants stealing local jobs’ haunting it. However, without the provisions for intra-EU mobility that have plagued the ICTs Directive, the Seasonal Workers Directive became less problematic despite the fact that seasonal workers are more numerous than intra-corporate transferees. This Policy Brief looks at how negotiating parties ensured a focus not only on the needs of the European labour market, but also saw an opportunity to bring added value to seasonal workers’ rights, through equal treatment to EU nationals. It assesses the final outcome of three and a half years of intra-EU negotiation, looking at the rights gained for seasonal migrants, the level of harmonization achieved, and the future of migration policy with the strategic guidelines for the area of freedom, security and justice in mind.