Resumen de The Proposed Gender Equality Directive: Legality,Legitimacy, and Efficacy ofMandated Gender Equality in Business Leadership

María M. T Holzhammer

• This article sers out to revisit the idea of mandated gender equality in the context of business leadership. In response to the slow pace at which female representation at management leve! is increasing, the EU has proposed the 'Directive on imptoving the gender balance among non-executive directors of companies listed on stock exchanges and re!ated measures', In recent years, the normative thrust of the argument for gender equality in corporate decision-making has been fortified by compelling evidence as to the positive impact of female leadership on business performance. Despite the appeal of these arguments, an analysis of the experiences made with positive action historically and internationally yie!ds mixed results, requiring a critical examination of quota instruments as a means to achieve gender equality. A review of the Union's long-standing tradition of equality legislation and irs more recent open approach to positive action shows that the rarionale of the Directive is in keeping with rhe Union's mosr fundamental principIes. Whilsr the Directive can face up to mosr objections raised in re!ation to mandated gender equality measures, this arricle argues thar rhe Directive, as it stands, is inherenrly ineffective in addressing the causes behind women's managerial under-representation.

  Examining these causes to their exrent and social contexr, profound societal changes are called for which musr precede and complement any legislative measure in order to achieve substantive gender equality borh inside and outside the boardroom.

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