Directive (EU) 2023/970’s Role in Strengthening Italian Legislator’s ‘Carrot-and-Stick’ Transparency Approach to Gender Equality

Gender inequalities in the labour market and in workplace practices are deeply entrenched, as evidenced by women’s low participation in paid employment and the persistent undervaluation of their work. The Italian legislature has sought to address these gaps by assigning a significant, though not exclusive, role to transparency as a regulatory technique under Law No. 162/2021, notably by strengthening reporting obligations and introducing a voluntary gender equality certification scheme. These instruments constitute a “transparency toolbox” designed to expose discrimination and promote organisational accountability; however, their practical operation reveals significant limitations, including weak enforcement mechanisms, the risk of purely formal compliance, and the marginal position of workers’ representatives. In this ­context, this note argues that Directive (EU) 2023/970 has the potential to recalibrate the existing framework by strengthening workers’ access to information, expanding the role of trade unions in monitoring and addressing inequalities, and facilitating access to judicial remedies. If effectively implemented, the Directive may enable ­transparency to function not merely as a disclosure requirement but as an active mechanism of accountability, reinforcing collective actors and supporting more ­substantive equality in the workplace.