Annexes

• Author: Directorate-General for Justice and Consumers (European Commission), EY
• Pages: 174-194

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 OF SOCIAL SECURITY

174

9 ANNEXES

9.1 Interview guidelines

9.1.1 Effectiveness

Q1. What are the main achievements obtained at the MS level in relation to the main

objectives of the Directive?

Q2. Please list the main elements that have contributed to or hampered the achievement of

the objectives of the Directive 79/7.

Q3. Are there in particular any laws or regulations at the national level contrary to the

principle of equal treatment of men and women in social security scheme? If yes, which

ones and why?

Q4. Despite the text of the legislation and/or the regulations, which administrative practices

make that the principle of equal treatment of the Directive 79/7 as interpreted by the

CJEU is respected by the relevant national ministries or institutions responsible for

social security?

Vice versa, which administrative practices make that the principle of equal treatment of

the Directive 79/7 as interpreted by the CJEU is not respected?

Q5. How has the case law of the CJEU been picked up in your country by e.g. courts and

administrative bodies? Has the Directive 79/7 as interpreted by case law of the CJEU

resulted in legislative or regulatory changes? Please mention what regulations and

national laws have been adjusted and identify the relevant objectives of the Directive

79/7.

Q6. Absent any legislative or regulatory changes further to the case law of the CJEU, have

administrative practices changed? Please mention which practises have been adjusted

and identify the relevant objectives of the Directive 79/7 and the relevant CJEU case

law.

Q7. How has the Directive been transposed into national laws? Please mention what

regulations and national laws have been in relation to what objectives of the Directive

with respect to both statutory social security schemes and social assistance schemes in

so far as they are intended to supplement or replace the former

Q8. What other measures have been foreseen at the national level for the principle of equal

treatment between men and women in statutory social security schemes and in social

assistance schemes in so far as they are intended to supplement or replace the former?

There exists any horizontal legislation on equal treatment?

Q9. Have there been implemented measures at the national level to enable all persons to

pursue their claims by judicial process, possibly after recourse to other competent

authorities in relation to the application of the principle of equal treatment between

men and women? If yes, which ones?

Q10. Irrespective of any explicit measures to facilitate judicial or administrative recourse, do

the existing/general procedures offer sufficient access and appeal f or persons to pursue

their claims and complaints if they deem to be discriminated despite the principle of

equal treatment between men and women?

Q11. Is there any derogation under art. 7(1) and exclusion under art. 3(2) in the legislative

framework of your member state. If yes, which are their underpinnings?

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 OF SOCIAL SECURITY

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Q12. Are there any significant social developments in your country that may cast doubts over

the persisting need of such derogations and exclusions?

9.1.2 Relevance

Q13. To what extent the objectives proposed in the Directive are still aligned to the needs

perceived at the MS level?

Q14. What is the proportion of allocated social security schemes under the following three

pillars?

Pension scheme

Weight in

percentage%

1) Statutory schemes

2) Occupational schemes

3) Private insurance schemes

9.1.3 Efficiency

Q15. How do you perceive the following categories of costs in relation to the implementation

of the main objectives of the directive?

1- very

low

burden

2

3

4

5 – very

high

burden

1) Costs relating to the personnel for monitoring the

achievement of the objectives

2) Reporting costs to produce the information for

monitoring the achievement of the directive

3) Costs relating to the introduction of new laws,

regulations, procedures, etc.

4) Costs for the institutions and maintenance of

governance bodies for the achievement of the

objectives of the directive

5) Costs associated to the introduction of new

mechanisms for claims

6) Cost associated to the use of unisex actuarial factors

7) Other, please specify