European law as a lever for female workers at the national level: Belgium and the Equal Pay Directive of 1975

Abstract

‘Equal pay for equal work’ is a longstanding feminist claim. In this regard, the 1975 Equal Pay Directive of the European Economic Community has generated momentum for women at the national level. Based on the Belgian case, we explain how national actors – and more specifically trade unions and their women’s committees – have used European law to foster wage equality. Despite the existence of binding norms since the 1950s, this principle of equal pay has been poorly applied. The implementation of the directive in the Belgian neo-corporatist institutional framework has given trade unions the possibility to secure an extensive interpretation of the directive’s general provisions. The assumption driving this paper is that this directive has generated momentum for change – though this is not a synonym of ‘a miracle solution’ – in Belgium regarding wage equality. More fundamentally, this study is about the intertwining of European and national laws and the way in which European norms can offer instrumental opportunities to national actors to impact their domestic polity and policies, here on social and gender matters.