Chaptertakes up the Pay Transparency Directive section by section.

Our last editorial noted a number of recent and pending occurrences across the world and concluded that “[a]ll of these events may, to varying degrees, have at best relevance to, and at worst, a negative impact on, matters relating to anti-discrimination and equality”.1 Negative outcomes have manifested foremost in the battle being conducted in the U.S. against diversity, inclusion and equality (DEI) efforts, with many corporations globally, and U.S. universities, abandoning their DEI programs in the face of threatened repercussions.2 Furthermore, the last few weeks, at time of writing, have also seen Hungary seeking to ban Pride marches and subjecting demonstrators to automatic face recognition (something which may potentially breach the EU AI act and the ECHR).3On a more positive note, we are delighted in this issue to further mark the 30th anniversary of the journal by hosting its 15th special issue (and the first under our oversight).4 The Borders Within: When the Right to Non-Discrimination Confronts Migration Law? is guest edited by Vladislava Stoyanova, Alezini Loxa and Serde Atalay, an outcome of a workshop held at Lund University in May 2024. Their introduction to the issue follows ahead of the five pieces.We are also looking forward to the journal’s 100th issue later in the year and further marking the 30th anniversary through a virtual special issue/collection bringing together, and making open access for a year, a range of articles representing the diverse topics and drawn from across the years.We hope you enjoy reading this issue.

Much of the focus on the EU Pay Transparency Directive (PTD) has been on the employers' duties with respect to pay transparency. However, the PTD goes far beyond the question of simply pay transparency by creating an institutional legal structure through which protections against human rights violations in the form of unlawful pay discrimination can be addressed. The current Directive not only fortifies the array of access to justice mechanisms available, but also adds injunctive relief, penalties, and equitable remedies. In addition, there is a strengthening of the positions of potential, current and former employees with respect to employers with regard to accessing information. Finally, an institutional complex is created as to enforcement, individuals, workers' representatives, equality bodies and labor inspectorates. The designated monitoring bodies close the loop by monitoring these processes as a whole. Together, these create a system that is well-suited to addressing human rights claims beyond those of equal pay.The EU Pay Transparency Directive (PTD) focused on employers' obligations regarding pay transparency. However, the directive goes far beyond simple pay transparency by establishing an institutional legal framework through which safeguards can be taken against human rights violations in the form of unlawful pay discrimination. The current directive not only expands the range of available legal protection mechanisms but also provides for injunctions, sanctions, and appropriate legal remedies. Furthermore, it strengthens the position of potential, current, and former employees vis-à-vis employers regarding access to information. Finally, it establishes an institutional enforcement complex involving individuals, employee representatives, equality bodies, and labor inspectorates. Designated monitoring bodies complete the cycle by overseeing these processes as a whole. Together, they form a system well-suited to addressing human rights claims beyond equal pay.

The 2023 EU Pay Transparency Directive is ground-breaking in two significant aspects: first, in using pay transparency at the EU and Member State levels as a tool to tackle gender-based discrimination and gender biases in pay settings, both on individual as well as structural levels; and second – and the major focus of this article – by placing greater emphasis on procedure to ensure victims’ access to justice through the enforcement of pay claims. The latter is to be achieved through an institutional structure involving the private individuals affected, civil society in the form of labour unions and worker representatives, and the public through equality bodies and labour inspectorates. This strengthening of access to justice, and the invocation of both collective and individual claims through private and public enforcement presents different challenges to the EU Member States depending upon the national industrial relations constellation in place, as well as the roles exercised by government agencies, equality bodies and labour inspectorates, and non-governmental organisations, such as labour unions and civil society in general. In labour markets where, to a large extent, the social partners set wages, such as in the Nordic countries, empowering individuals through access to justice changes the power dynamics of wage-setting. In jurisdictions such as the United Kingdom, where private enforcement has historically been essential, the labour unions have acted as facilitators, for example by funding collective actions concerning pay, as seen with the recent Asda case. The avenues of enforcement as well as remedies also vary greatly between the Member States. This article first addresses the directive’s pay transparency requirements more briefly. The thrust of the discussion here is on the directive’s second half, the strengthened access to justice mechanisms as well as the quartet approach of the individual, worker representatives, equality bodies and labour inspectorates.