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This new Directive consolidates in a single text all the rules and case law of the European Court of Justice relating to equal opportunities and equal treatment for men and women in employment and occupation.

Implementing and modernising EU legislation on the equal treatment of men and women

Recast Directive 2006/54/EC

The directive covers the following three principles:

  • equal pay;
  • equal treatment in occupational social security schemes;
  • equal treatment in access to employment, vocational training and promotion and in working conditions.

It also improves procedures to make application of the principles more effective, and provides harmonised definitions of key terms - "discrimination" (direct and indirect), "harassment", "sexual harassment", "pay" and "occupational social security schemes".

The directive incorporates some well-established case law of the European Court of Justice:

  • criteria for categorising statutory and occupational pension schemes in relation to pension schemes for public servants;
  • the principle of equal treatment in occupational social security schemes now also covers pension schemes for a particular category of workers, e.g. public servants;
  • the cross-cutting rules on the burden of proof and on access to employment, vocational training and working conditions now also cover occupational social security schemes.

Full text: Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) pdf български (bg)czech (cs)dansk (da)Deutsch (de)eesti (et)ελληνικά (el)español (es)Français (fr)Gaeilge (ga)italiano (it)latviešu (lv)lietuvių (lt)magyar (hu)Malti (mt)Nederlands (nl)polski (pl)português (pt)română (ro)slovenčina (sk)slovenščina (sl)suomi (fi)svenska (sv)

The new directive replaces (and repeals) the following directives:

Burden of proof in cases of discrimination based on sex

Under Directive 97/80/EC български (bg)czech (cs)dansk (da)Deutsch (de)eesti (et)ελληνικά (el)español (es)Français (fr)Gaeilge (ga)italiano (it)latviešu (lv)lietuvių (lt)magyar (hu)Malti (mt)Nederlands (nl)polski (pl)português (pt)română (ro)slovenčina (sk)slovenščina (sl)suomi (fi)svenska (sv), EU countries must ensure that the burden of proof for cases of discrimination in their legal system lies with the defendant. In other words, provided the plaintiff can establish before a court facts from which discrimination may be presumed to exist, it is for the defendant to prove that there has been no contravention of the principle of equality. Countries may introduce evidential rules which are more favourable to the plaintiff.

Full text: Directive 97/80/EC on the burden of proof in cases of discrimination based on sex български (bg)czech (cs)dansk (da)Deutsch (de)eesti (et)ελληνικά (el)español (es)Français (fr)Gaeilge (ga)italiano (it)latviešu (lv)lietuvių (lt)magyar (hu)Malti (mt)Nederlands (nl)polski (pl)português (pt)română (ro)slovenčina (sk)slovenščina (sl)suomi (fi)svenska (sv)

The directive applies to:

Insofar as sex discrimination is concerned, it also applies to:

It also applies to any civil or administrative procedure concerning the public or private sector, except for out-of-court procedures.

The directive does not apply to criminal procedures, unless otherwise specified under national law.