The master’s thesis examines the case law of the Court of Justice of the European Union concerning the principle of equal pay for equal work or work of equal value, which has significantly influenced both current international and national legislation and the actual practices of employers. In the field of labour law, challenges frequently arise, however, the legislation has not yet been adequately adapted, while the rapid pace of social and technological change makes its timely adjustment increasingly difficult. It is therefore of particular importance that the Court of Justice of the European Union and its case law keep pace with these trends, changes and developments, as its landmark judgments often set the direction for subsequent legislative changes.
The principle of equal pay for equal work and work of equal value has been developing in European law since 1957 when it was incorporated into the primary law of the European Union as one of its fundamental principles. However, the implementation of this principle in practice remains a challenge, as it has still not been fully realised. This has contributed to the adoption of the new Pay Transparency Directive. The actual effects of this Directive can only be assessed after a certain period of its implementation.
The aim of this master’s thesis is to determine whether, in the past, the Court of Justice of the European Union adopted decisions more rapidly than the European legislature and whether, over time, its decisions have become slower and adopted a more conservative approach which usually suits the employers.
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