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- Title
THE IMPLEMENTATION OF THE EQUAL PAY RULES IN THE EUROPEAN UNION THROUGH THE CASE LAW OF THE EUROPEAN COURT OF JUSTICE.
- Authors
CHAVKOSKA, Biljana; KAMBOVSKA, Maja; Biljana Pulevska; Nazmi Maliqi
- Abstract
The realization of the principle of equal pay for equal work is the first legal article for gender equality in the European Union. Basically, when this article was applied it was not clear if it means only equal work or work of equal value. Amsterdam Treaty and the new article 141, secondary law and the case study of the European Court of Justice affirmed the thesis that not only the equal work but also the work of equal values is covered. The principle equal pay means that the equal payment between man and woman shall not be discriminatory based on sex. The Member States should implement the equal pay rules in the national laws and practice. The implementation of the rules is obligatory for the public but also for the private sector. Thus, the author aims to analyze the achievement of the Member States in the area of equal pay such as the positive case study of the European Court of Justice in implementing the principle in practice. The ECJ judgments have supranational character and are obligatory for the EU institutions and for the Member States, such as the legal and physical persons. This is very important for the Candidate countries in order to implement the principle of equality and to increase the living standards of the woman in the area of employment. The EU law and the ECJ case study is analyzed as positive and affirmative way in achieving non discrimination.
- Subjects
EQUAL pay for equal work; COURT of Justice of the European Union; JUDGE-made law
- Publication
Vizione, 2016, Vol 25, p131
- ISSN
1409-8962
- Publication type
Article