@article{2024:mignano:gender_pay,
title = {Gender Pay Gap: The Protection of the Right to Equal Pay under the Pay Transparency Directive},
year = {2024},
note = {The purpose of this article is to comprehend how and to which extent
the EU Pay Transparency Directive ensures the protection of the right
to equal pay for men and women and how effective it is in addressing
the Gender Pay Gap. Firstly, the analysis focuses on the main
provisions of the EU Treaties, to identify the legal framework at
primary level establishing the right concerned, bearing in mind the
case-law of the Court of Justice of the European Union and its guiding
interpretation of the meanings arising from the principle of equal
pay. Secondly, the article provides an analysis of the novelties
introduced by the Pay Transparency Directive, to reduce the root
causes of the Gender Pay Gap through transparency and enforcement
mechanisms aimed at strengthening the exercise of employees’ right
to bring action before national authorities against pay
discrimination. Concurrently, the article incorporates a comparison
between the different standards of protection established within EU
Law and those in the European Social Charter. The results reveal how
market-related concerns and considerations prevail in EU social
policy, concealing the risk of decreasing the effective implementation
of the principle of equal pay.},
journal = {ZEuS Zeitschrift für Europarechtliche Studien},
pages = {371--401},
author = {Mignano, Vincenzo},
volume = {27},
number = {3}
}