Keywords
Summary

Keywords

1 . SOCIAL POLICY - MALE AND FEMALE WORKERS - EQUAL TREATMENT - DIRECTIVES NOS 76/207 AND 75/117 - RANGE OF MATTERS COVERED - EMPLOYMENT IN THE PUBLIC SERVICE - INCLUDED

( EEC TREATY , ART . 119 ; COUNCIL DIRECTIVES NOS 76/207 AND 75/117 )

2 . SOCIAL POLICY - MALE AND FEMALE WORKERS - ACCESS TO EMPLOYMENT AND WORKING CONDITIONS - EQUAL TREATMENT - DIRECTIVE NO 76/207 - IMPLEMENTATION - PUBLIC ADMINISTRATION AND THE INDEPENDENT PROFESSIONS - GUARANTEES PROVIDED BY THE CONSTITUTION AND BY THE SYSTEM OF JUDICIAL REMEDIES - IMPLEMENTATION OF THE PRINCIPLE OF EQUALITY

( COUNCIL DIRECTIVE NO 76/207 )

3 . SOCIAL POLICY - MALE AND FEMALE WORKERS - ACCESS TO EMPLOYMENT AND WORKING CONDITIONS - EQUAL TREATMENT - DIRECTIVE NO 76/207 - RIGHT OF THE MEMBER STATES TO EXCLUDE CERTAIN OCCUPATIONAL ACTIVITIES - FREEDOM TO CHOOSE THE MANNER IN WHICH THAT RIGHT IS EXERCISED - DUTY OF THE MEMBER STATES TO PROVIDE INFORMATION

( COUNCIL DIRECTIVE NO 76/207 , ARTS 2 ( 2 ) AND 9 ( 2 ))

4 . SOCIAL POLICY - MALE AND FEMALE WORKERS - ACCESS TO EMPLOYMENT AND WORKING CONDITIONS - EQUAL TREATMENT - DIRECTIVE NO 76/207 - IMPLEMENTATION - NON-BINDING PROVISION IN THE LAW OF A MEMBER STATE TO THE EFFECT THAT OFFERS OF EMPLOYMENT MUST BE NEUTRAL AS REGARDS THE SEX OF THE WORKERS - BREACH OF AN OBLIGATION IMPOSED BY THE DIRECTIVE - NONE

( COUNCIL DIRECTIVE NO 76/207 )

Summary

1 . DIRECTIVES NOS 76/207 AND 75/117 APPLY TO EMPLOYMENT IN THE PUBLIC SERVICE . LIKE ARTICLE 119 OF THE EEC TREATY , THOSE DIRECTIVES ARE OF GENERAL APPLICATION , A FACTOR WHICH IS INHERENT IN THE VERY NATURE OF THE PRINCIPLE WHICH THEY LAY DOWN . NEW CASES OF DISCRIMINATION MAY NOT BE CREATED BY EXEMPTING CERTAIN GROUPS FROM THE PROVISIONS INTENDED TO GUARANTEE EQUAL TREATMENT FOR MEN AND WOMEN IN WORKING LIFE AS A WHOLE .

2 . THE CATEGORICAL AFFIRMATION BY THE CONSTITUTION OF A MEMBER STATE OF THE EQUALITY OF MEN AND WOMEN BEFORE THE LAW AND THE EXPRESS EXCLUSION OF ALL DISCRIMINATION ON GROUNDS OF SEX AND THE GUARANTEE OF EQUAL ACCESS TO EMPLOYMENT IN THE PUBLIC SERVICE FOR ALL NATIONALS OF THAT MEMBER STATE IN PROVISIONS THAT ARE INTENDED TO BE DIRECTLY APPLICABLE CONSTITUTE , IN CONJUNCTION WITH THE EXISTING SYSTEM OF JUDICIAL REMEDIES , INCLUDING THE POSSIBILITY OF INSTITUTING PROCEEEDINGS BEFORE A CONSTITUTIONAL COURT , AN ADEQUATE GUARANTEE OF THE IMPLEMENTATION IN THE FIELD OF THE PUBLIC ADMINISTRATION OF THE PRINCIPLE OF EQUAL TREATMENT LAID DOWN IN DIRECTIVE NO 76/207 .

THE SAME IS TRUE WITH REGARD TO FREEDOM TO TAKE UP THE INDEPENDENT PROFESSIONS ONCE A SIMILAR COMBINATION OF CONSTITUTIONAL PROVISIONS AND JUDICIAL REMEDIES THAT GIVES EFFECT TO SUCH FREEDOM IS ESTABLISHED .

3 . ARTICLE 2 ( 2 ) OF DIRECTIVE NO 76/207 , BY PERMITTING THE MEMBER STATES TO EXCLUDE CERTAIN OCCUPATIONAL ACTIVITIES FROM THE FIELD OF APPLICATION OF THE DIRECTIVE , DOES NOT HAVE AS ITS OBJECT OR AS ITS EFFECT TO REQUIRE THE MEMBER STATES TO EXERCISE THAT POWER OF DEROGATION IN A PARTICULAR MANNER .

HOWEVER , ARTICLE 9 ( 2 ) REQUIRES THE MEMBER STATES TO COMPILE A COMPLETE AND VERIFIABLE LIST , IN WHATEVER FORM , OF THE OCCUPATIONS AND ACTIVITIES EXCLUDED FROM THE APPLICATION OF THE PRINCIPLE OF EQUAL TREATMENT AND TO NOTIFY THE RESULTS TO THE COMMISSION , WHICH MUST VERIFY THE APPLICATION OF THAT PROVISION .

4 . A PROVISION IN THE LAW OF A MEMBER STATE PROHIBITING EMPLOYERS FROM PUBLISHING OFFERS OF EMPLOYMENT WHICH ARE NOT NEUTRAL AS REGARDS THE SEX OF THE WORKERS DOES NOT IMPLEMENT AN OBLIGATION IMPOSED BY DIRECTIVE NO 76/207 BUT IS AN INDEPENDENT LEGISLATIVE MEASURE DESIGNED TO GIVE EFFECT TO THE PRINCIPLE OF EQUAL TREATMENT . THE FACT THAT IT WAS ENACTED AS A NON-BINDING RULE CANNOT THEREFORE CONSTITUTE A BREACH OF THE MEMBER STATES ' OBLIGATIONS UNDER THE DIRECTIVE .