Overall assessment

AuthorIustina Ionescu
12 Overall assessment
The following transposition problems were mentioned in this report:
1. Lack of explicit protection a gainst discrimination for transgender, intersex and non-
binary persons, in the context of an insufficient legal framework of legal gender
recognition procedures, which allows for arbitrary decisions by the auth orities.
2. Inconsistent case law of the national equality body applying the definition of indirect
discrimination, by using intent and a cau sality link between th e behaviour and th e
ground of discrimination as a way to d ifferentiate indirect discrimination from direct
3. Lack of measures or p ending proposals to improve the gender balance on c ompany
boards, given that existing legal provisions are general and unspecific, which renders
them ineffective.
4. There are two absolute legal limitations of the material scope of the Gender Equality
Law: religious denominations, private life of individuals
5. National law and case law do not lay down parameters for establishing the equal
value of work performed.
6. The measures set out by EC Recommendation of 7.3.2014 on strength ening the
principle of equality between men and women t hrough transparency have not been
implemented and existing labour legislation embeds the principles of salary
confidentiality and individual negotiations.
7. The national legislation does not entitle workers to time off from work on grounds of
force maj eure for urgent family reasons in case of sickness or accident, and only
provides for the possibility of employers offering such benefits .
8. There is no legal provision on care or carers’ leave.
9. The national legislation does not provide workers with a legal right to reduc e or
extend working time on request.
10. There are no explicit legal provisions prohibiting direct and indirect discrimination in
occupational social security schemes, only implicit provisions.
11. National legislation does not recognise life partners, only married spouses in the
context of the Directive 2010/ 41/EU with respect to public pensions and the public
health insurance schemes.
The implementation of the EU gender equality acquis is satisfactory and this is mainly due
to the adoption of the general Anti-discrimination Law and the establishment of the CNCD.
When examining cases of discrimination, the C NCD does not usually invoke the Gender
Equality Law, only the Anti-discrimination Law. While ensuring legal protection, this
approach does not allow for the development of cas e law under the Gender Equality Law,
rendering this piece of legislation th eoretical and illusory. Although having special
legislation focusing exclusively on gender equality shows incipient political support f or
gender issues, the way in which EU legislation has been transposed has resulted in
fragmentation, overlap and lack of clarity and inconsistencies which affect women from all
groups protected against discrimination. This situation makes it more d ifficult for the
courts or other competent authorities to examine and sanction discrimination in an
effective, prop ortionate and dissuasive way. It is imperative that all laws in the field of
anti-discrimination and gender equality are consolidated in one piece of legislation, while
bearing in mind that higher standards established in each of these laws should be
preserved and benefit all groups protected against discrimination equ ally.
Despite g enerous legal provisions, the courts and the CNCD choose milder or symbolic
sanctions, frequently rendering the sanctioning mechanism ineffective. This has an impact
on the limited case law because people exposed to discrimination do not feel motivated to
bring complaints or take further legal action. The lack of legal aid available in these cases
and lack of resources for NGOs working on women’s issues to dev elop legal expertise in
this field has led to scarce development of case law on gender discrimination, in relatively

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT