La parità di trattamento tra uomo e donna in materia di occupazione e condizioni di lavoro nel diritto comunitario: il felice connubio tra codificazione e innovazione

This paper examines the different aspects of the principle of equal treatment for man and women in Community law taking into account the case law of the Court of justice as incorpo-rated in the new Directive 2002/73/EC of 23 September 2002. Adopting this directive, the Community tries to build the principle of non-discrimination based on sex as an aspect of a more comprehensive and coherent principle of anti-discrimination in the community law. Regarding to positive actions, the Directive 2002/73 only refers to the Article 141 (4) of the Treaty without giving the details of the concept. The probable reason for this is that the jurisprudence on the positive actions it's non yet well developed. Of the many different existing positive actions schemes, only a few have been tested by the Court.