by Sophie Jacquot
UCLouvain Saint-Louis Bruxelles

In my recently published article in Policy & Politics, I ask how and why equal pay remains on the EU agenda, and, relatedly, if policy failure can be useful in policymaking.
Equal pay for equal work between women and men has been enshrined in European treaties since 1957. It is one of the EU’s founding principles, and, even though the EU’s action against gender inequalities has expanded to include areas as varied as domestic violence, integration of gender equality in external relations, gender budgeting or the articulation between private and working life, equal pay certainly remains the flagship and most symbolic policy domain of the EU gender equality policy. Equal pay can be considered as an identity marker for the EU. Implementing the principle of equal pay has regularly been on the European policy-making agenda since the 1970s with new legislation, case law, soft regulation, etc. However, the gender pay gap in the EU is 13% in 2022. It means that women would need to work 1.5 extra months to make up the difference. It also means that progress in closing the gender pay gap is extremely slow: it decreased by only 2.8% pp in 10 years.

Source: Extract from Equal Pay? Time to close the gap! (European Commission, November 2022, https://commission.europa.eu/system/files/2022-11/equal_pay_day_factsheet_2022_en_1_0.pdf). Reproduction allowed under Creative Commons Attribution 4.0 International license.
Given these (poor) results, the EU equal pay policy could be assessed as a failure and its existence questioned. But, on the contrary, the EU equal pay policy seems unaffected by failure. Recently, the von der Leyen Commission has put equal pay at the heart of the Union of Equality programme and has proposed a Directive on pay transparency, which was adopted on 10 May 2023. My recent article “Can failure be useful in policy-making? The case of EU equal pay policy” explores this paradox: Why and how, despite repeated implementation failure, is the EU equal pay policy still up and running?
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