The subsidiary woman

Abstract

This article examines the divergence between the approach of the European Court of Justice to sex discrimination in employment and its recent decisions on similar discrimination in social welfare provision. An explanation may be found through the application of the distinction between the market or public sphere, which is the province of European integration, and the domestic or private sphere, which is still considered to be primarily a matter of Member State competence. This divide contains echoes of the current debate over the principle of subsidiarity within the European Union. Subsidiarity therefore does not simply concern the respective competences of the European Union and the Member States, but also has implications for social organisation and women's access to welfare and employment