Evaluation on the application of Directive 79/7/EEC on the progressive implementation of the principle of equal treatment for men and women in matters

Directive 79/7/EEC aims at implementing the principle of equal treatment between men and women in social security matters, by requiring that equal treatment is ensured in selected social security and social assistance schemes. This study forms part of the REFIT programme and assesses the Directive’s effectiveness, efficiency, coherence, relevance, sustainability and EU added value. Based on its results, it provides policy recommendations with a view to a possible modernisation of the Directive. The study recognises the relevance and European added value of the Directive, its principle being fully integrated in national legislations. Moreover, the Directive has represented, and still represents, an important reference in European case law for tackling cases of gender discrimination. However, improvements might be necessary in order to ensure full effectiveness, efficiency and coherence of the relevant legislation. The first recommendation relates to a revision of the Directive’s scope, starting with its exclusions and derogations. A second recommendation suggests the codification of key CJEU case law in the text of a revised Directive. The study also suggests to improve the coherence of EU legislation through aligning key concepts of the relevant legislation and to improve the enforcement of the Directive’s principle at national level by increasing the involvement of national equality bodies.