Derecho de sociedades y diversidad de género: nuevos retos en la legislación comunitaria y española

Zusammenfassung

Social agents demand an increase in the female presence in corporate governance, while governments, regulatory bodies and international organizations establish the achievement of gender equality as a priority, also at the business level. In this sense, as explained in this work, at the European level, Directive 2022/2381/UE has recently been approved, which in turn is incorporated into Spanish domestic law by the Draft Organic Law on equal representation of men and women in decision-making bodies. Therefore, progress is being made on the path of equality, since both regulations represent a step beyond the voluntary law recommendations of the Codes of Good Governance or the Organic Law of Equality of 2007, since they impose, among other measures, quotas mandatory minimum requirements for listed companies, in addition to regulating the selection processes to achieve such purposes. All these regulations are exposed and analyzed in this work, to conclude that they are important regulatory milestones in the final objective of advancing in the access of women to the senior management of the company.