News item | 11-02-2022 | 15:45
The government changes its position on the European Commission’s proposal to tackle the imbalance between women and men at the highest levels of government. This proposal, made in 2012, was blocked by the Netherlands and several other countries for a long time. The current government wants to pursue an active emancipation and anti-discrimination policy and is committed to protecting and promoting European values such as gender equality. This proposal for a directive is in line with this ambition. That is why the government is now positive about the proposal.
The aim of the guideline is for listed companies to achieve that of the members of their supervisory boards at least 40% are women and at least 40% are men, or at least 33% of the supervisory boards and the boards of directors.
Changed cabinet position
At the time of the European Commission’s publication of the proposal, the Cabinet and Parliament were of the opinion that legislation on such issues should be made at national level. The current government wants to pursue an active emancipation and anti-discrimination policy and is committed to protecting and promoting European values such as gender equality. In addition, public support for measures in the field of diversity in decision-making positions has increased considerably and national legislation on this subject has also come into effect in the Netherlands since this year.
European Commission proposal
In 2012, the European Commission published a proposal for a directive to achieve greater equality at the top of companies. Since its publication, the proposal has been blocked by a number of Member States, including the Netherlands. As a result, the proposal has been stalled until 2017. Under the Maltese EU Presidency, an attempt was made in 2017 to speed up the negotiations by including an exception clause in the proposal. This clause means that Member States do not have to comply with the directive if they have already taken measures that are as effective as the European Commission’s proposal, or if sufficient progress has already been made in the country so that the proposal no longer contributes to more equality at the top of companies.
Dutch legislation
The exception clause in the proposal could ensure that the Netherlands does not have to change its own law. The government will of course continue to look at how it can continue to contribute to greater gender equality and emancipation.
Since 1 January 2022, the so-called Top Women’s Quota has been in effect in the Netherlands. This national law aims for a balanced gender distribution in the (sub)top of companies, with a broad package of measures. Among other things, the law states that supervisory boards of listed companies must consist of at least one third men and at least one third women. An appointment that does not contribute to a more balanced relationship is null and void.