Directive 2022/2381 - Improving the gender balance among directors of listed companies and related measures - Main contents
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Directive (EU) 2022/2381 of the European Parliament and of the Council of 23 November 2022 on improving the gender balance among directors of listed companies and related measures| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2022/2381 |
| Original proposal | COM(2012)614  |
| CELEX number i | 32022L2381 |
| Document | 23-11-2022; Date of signature |
|---|---|
| Publication in Official Journal | 07-12-2022; OJ L 315 p. 44-59 |
| Signature | 23-11-2022 |
| Effect | 27-12-2022; Entry into force Date pub. +20 See Art 14 |
| Deadline | 29-12-2025; Review See Art 13.1 29-12-2026; See Art 13.2 31-12-2030; See Art 13.3 |
| End of validity | 31-12-2038; See Art. 14 |
| Transposition | 28-12-2024; See Art 11.1 |
7.12.2022 |
EN |
Official Journal of the European Union |
L 315/44 |
DIRECTIVE (EU) 2022/2381 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 23 November 2022
on improving the gender balance among directors of listed companies and related measures
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 157(3) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national Parliaments,
Having regard to the opinion of the European Economic and Social Committee, (1)
Having regard to the opinion of the Committee of the Regions, (2)
Acting in accordance with the ordinary legislative procedure (3),
Whereas:
(1) |
Under Article 2 of the Treaty on European Union (TEU), equality is a founding value of the Union and is common to the Member States in a society in which equality between women and men prevails. Under Article 3(3) TEU, the Union is to promote equality between women and men. |
(2) |
Article 157(3) of the Treaty on the Functioning of the European Union (TFEU) confers upon the European Parliament and the Council the power to adopt measures to ensure the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation. |
(3) |
With a view to ensuring full equality in practice between men and women in working life, Article 157(4) TFEU permits positive action by allowing Member States to maintain or adopt measures providing for specific advantages in order to make it easier for the underrepresented sex to pursue a vocational activity or to prevent or compensate for disadvantages in professional careers. Article 23 of the Charter of Fundamental Rights of the European Union (the ‘Charter’) provides that equality between women and men is to be ensured in all areas and that the principle of equality cannot prevent the maintenance or adoption of measures providing for specific advantages in favour of the underrepresented sex. |
(4) |
The European Pillar of Social Rights, which was jointly proclaimed by the European Parliament, the Council, and the Commission in 2017, incorporates among its principles equality of treatment and opportunities between women and men, including regarding participation in the labour market, terms and conditions of employment and career progression. |
(5) |
Achieving gender equality in the workplace requires a comprehensive approach, which also includes fostering gender-balanced decision-making within companies at all levels, as well as closing the gender pay gap. Ensuring equality in the workplace is also a key prerequisite for reducing poverty among women. |
(6) |
Council Recommendation 84/635/EEC (4) recommended that Member States take steps to ensure that positive action includes, as far as possible, actions having a bearing on active participation by women in decision-making bodies. Council Recommendation 96/694/EC (5) recommended that Member States encourage the private sector to increase the presence of women at all levels of decision-making, in particular by the adoption, or within the framework, of equality plans and positive action programmes. |
(7) |
This Directive is aimed at ensuring the application of the principle of equal opportunities between women and men and achieving a gender-balanced representation among top management positions by establishing a set of procedural requirements concerning the selection of candidates for appointment or election to director positions based on transparency and merit. |
(8) |
In recent years the Commission has presented several reports taking stock of the situation concerning gender equality in... |
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