The application of the right of equal treatment and equal opportunities of men and women in matters of employment and occupation to the process for selecting directors for boards in listed companies without gender balance. A critical analysis of the criti

Abstract

The paper studies the Organic Law 2/2024, of August 1, on equal representation and gender balance, which incorporates Directive (EU) 2022/2381, of November 23, on improving the gender balance among directors of listed companies and related measures. The application of gender balance to listed companies and the adjustment of their selection process for directors to the principle of equal treatment and opportunities in employment has revived three debates about the limits of anti-discrimination Law whose contrary arguments are critically analyzed: the unnecessary of the legislative measures to increase the presence of women on boards, the voluntary and recommendatory nature that these measures must have to be effective and the doubts about their constitutionality because they violate the constitutional freedom to conduct a business (art. 38 EC).