Constituting and Reconstituting the Gender Order in Europe

Abstract

The existence of a European gender order is intrinsically connected with the creation and development of the European Union. The construction of this order – a combination of values, laws and practices seeking to give effect to gender equality – is contested at both supranational and nation-state levels. This article takes Ostner and Lewis' ‘two needles eyes' thesis to discuss the European and national constraints on the adoption of and compliance with the directives that constitute the ‘hard law’ of this transnational gender order. It examines the evolution of the legal order on gender equality, noting that the Amsterdam Treaty ushered in a more expansive context for the application of gender norms and practices. It also explores the extent to which member states have been open to the Europeanization of national gender regimes. It finds that challenges continue to exist at European and domestic levels to the extension, and implementation, of laws, policies and practices facilitating gender equality. It also finds, though, that the pattern of compliance in the Eastern enlargement countries is not out of step with the implementation patterns in older member states, even though social conditions are very different. In general, the study concludes that although the context for the construction of a gender order in Europe has changed, supranational and national challenges to gender equality persist.

Key Words:

• Gender order
• gender equality directives
• compliance
• enlargement
• Europeanization

Notes

¹Yet the term ‘Europeanization’ has been used to denote different phenomena and processes (Olsen, 2001).

²The co-decision procedure also applies to future gender equality proposals based on article 137 (ex article 118) on the promotion of employment, improved living and working conditions (which provided the legal basis of the pregnant workers directive).

³The six labour law directives are employment contracts (91/55/EEC), pregnant workers (92/85/EEC), working time (93/104/EC), young workers (94/33/EC0), parental leave (96/34/EC0) and part-time work (97/81/EC).

⁴Countries aspiring to EU membership were required to achieve ‘stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities; a functioning market economy; as well as the capacity to cope with competitive pressure and market forces within the Union. Membership presupposes the candidate's ability to take on the obligations of membership, including adherence to the aims of political, economic and monetary union’ (European Council, 1993, p. 12). These conditions are often referred to as the ‘Copenhagen criteria’.

⁵The monitoring excluded Belgium and Luxembourg, against which infringement procedures for non-communication had been opened by the Commission and Bulgaria and Romania, which had not become full EU members by the implementation deadline.