The New Equal Treatment Directive: Plus Ça Change …: Comment on Directive 2002/73/EC of 23 September 2002 Amending Council Directive 76/207/EEC on the Implementation of the Principle of Equal Treatment for Men and Women as Regards Access to Employment, Vocational Training and Promotion, and Working Conditions

Abstract

Directive 2002/73 enacted by the Council and Parliament of the European Union introduces substantial and procedural amendments to the European Community's `old' Equal Treatment Directive 76/207, providing, in particular, clarification of the definitions of concepts such as direct and indirect discrimination and (sexual) harassment. Yet, while the European Commission has praised the progressive nature of the new European legislation, a critical assessment of its provisions reveals some serious shortcomings and a host of missed opportunities. Although the new Directive generally reflects the spirit of the case law of the E.C.J., it does so without any originality or pro-activism meaning that the European legislature has once again left the initiative of pursuing sex equality in the E.U. to the Court.