"Resurrecting Positive Action"

Michigan Law Authors
Publish Date
2020
Publication
International Journal of Constitutional Law
Publication Type
Journal Article
Abstract

The idea of “positive action” has long been regarded as a key element in a gender equality strategy and has been extensively promoted by the European Union (EU) as such. This brief comment considers: (i) how far positive action has been adopted in the EU and the European Economic Area (EEA); (ii) the reasons why the practice of positive action has fallen short of the ambitions that the EU has had for it; and (iii) how it might best be resurrected. I emphasize in particular the need for a radically revised regulatory approach to be adopted, one more in keeping with the insights of regulatory theory in other contexts.

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