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Gennaio 8, 2025
La direttiva sull’equilibrio di genere nei consigli delle società è entrata in vigore
Gennaio 17, 2025The new directive on gender balance
The directive on gender balance just came into effect and aims at a more equitable gender representation on the boards of companies across all EU member states.
Introduction
From 2025, the directive on gender balance on company boards applies, with the aim of achieving a more balanced gender representation on the boards of listed companies in all EU member states. The directive sets a target for large EU listed companies of 40% of non-executive directorships and 33% of total directorships occupied by the under-represented sex.
Current situation
The deadline for transposition by the Member States was 28 December 2024 and companies must meet the targets by 30 June 2026. The percentage of women on company boards averages 34% in the EU. Since 2010, the representation of women on company boards has improved in most EU Member States, but progress has been uneven and in some Member States the situation is stagnating.
Clear targets for representation and transparent appointments to improve gender balance
The Member States must by now have transposed the rules of the directive into national law, including:
- specific binding measures for the selection procedure of the members of the different boards, with transparent and gender-neutral criteria;
- rule of preference for the candidate of the under-represented sex - if there are equally qualified candidates of both sexes;
- disclosure of qualification criteria, if requested by a non-selected candidate;
- individual commitments of listed companies to achieve gender balance among executive directors;
- information on the composition of boards and the obstacles to achieving the objective of the Directive, if any, and actions taken to overcome them;
- effective, proportionate and dissuasive sanctions for companies that fail to comply with transparent selection and disclosure requirements. The sanctions are defined by Member States and may include fines and the decision to declare null and void or annul the appointment of the challenged directors, if necessary;
- the directive also requires Member States to publish a list of companies that have achieved gender balance targets and to designate a body or bodies to promote, analyse, monitor and support gender balance in boards.