Matters of sex equality in the field of social security are strongly regulated by supra-national European law. That law provides a highly effective legal framework to promote equality between men and women in statutory and occupational social security schemes, and related workplace issues.

The principle of equal pay, originally enshrined in the Treaty of Rome to prevent distortion of competition, has become the most relevant basis for implementing sex equality. Specific directives, adopted at the supra-national level since the mid-1970s, have extended the concept of sex equality to equal treatment at the workplace, and to statutory and occupational pension schemes. While these instruments allow certain distinctions based on sex, the European Court of Justice construes the principle of pay equality broadly to require absolute equality between the sexes. That equality principle is valid for all employer-financed pension schemes (whether partly or entirely financed by the employer), for pensions in the public service and for any other pension schemes designed for a particular category of workers. Even where distinctions between the sexes are permitted, this does not justify different treatment at the workplace. The Member States of the European Union are required to periodically review and gradually remove such lawful distinctions, and to grant access to justice and effective legal remedy in cases of violations of equality rights. They can be held financially liable for breaches of European law by the national authorities in their role as employers, if a directive is not implemented in time or correctly, and for manifest violations by the national judiciary of their duty to involve the European Court of Justice.

The statistics on social security benefits demonstrate a significant gap between equality on paper and everyday reality. Looking at national and supranational case law, it seems that European law is not sufficiently well known and applied. This book is intended to bridge that gap. It places the issue of sex equality in the wider context of historical and socio-economic development, the division of powers between the national States and the Community, the making of supra-national law and its transposition into national law, and a law enforcement system which is unique in the world.