The role of the EU legislature and judiciary in shaping fundamental rights policy. A study on the example of gender equality policy

Abstract

This article aims to determine what role the EU legislature (Commission, Council, European Parliament) and the judiciary (Court of Justice) play in shaping EU equality policy, as well as to determine what factors drive the behavior of these political actors. The study was carried out on the example of the process of formulating the EU gender equality policy in the years 1975-2022 based on EU legislative acts and judicature. The theoretical and methodological approach was rational choice, historical and sociological institutionalism, and the process tracing method was used. The study showed that each EU authority has a specific role in shaping gender equality policy. The legislature plays the leading role in the process of shaping equality policy. The Court of Justice of the EU generally follows the direction set by the legislature and sometimes limits or inhibits it. The interactions between the authorities mentioned above are also of great importance. The behavior of the legislature and judiciary can be explained using rational, institutional and ideational factors.