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Government Submissions to the European Court of Justice in Gender Equality Cases: A Taxonomy of Arguments in Opposition to Gender Equality

Elisabeth Holzleithner
University of Vienna
Elisabeth Holzleithner
University of Vienna

Abstract

Since 1971, the European Court of Justice (ECJ) has dealt with an impressive amount of cases concerning gender equality. Its uneven track record, sometimes advancing gender equality, and then again hindering progressive development, is well documented. This paper takes the next step by reviewing the bulk of relevant gender equality case law, and systematize the different arguments used by governments before the ECJ. In cases before the ECJ, governments of EU Member States submit their opinion as to how the issue at hand should be decided. Not uncommonly, several governments are decidedly wary of a judgment that would promote gender equality. Such submissions have produced a genuine arsenal of arguments in opposition to gender equality. Analysing what kinds of arguments have been more or less successful than others, the most ‘dangerous’ arguments in opposition to gender equality will be filtered out in order to allow effective counter-argumentation.