Equilibrio di genere nei CdA: proposta di direttiva UE

(Consiglio UE, 14 marzo 2022)

Roma, 15 marzo 2022 – In data 14 marzo 2022, il Consiglio UE ha reso noto che è stato raggiunto l’accordo sull’orientamento generale per l’adozione di una direttiva europea finalizzata a rafforzare la parità di genere nei consigli di amministrazione.
Si tratta di un traguardo importante, posto che la prima consultazione pubblica era stata lanciata dalla Commissione europea nel 2012.
La proposta di direttiva intende affrontare una situazione che vede ancora le donne svantaggiate negli incarichi sociali di rilievo, nonostante i progressi raggiunti. Infatti, nell’ottobre 2021 le donne rappresentavano soltanto il 30,6% dei membri dei consigli di amministrazione e appena l’8,5% dei presidenti dei consigli di amministrazione. Negli ultimi anni, i progressi verso una maggiore percentuale di donne nei consigli delle società sono stati molto lenti, dal momento che si è registrato un incremento medio annuo di soli 0,6 punti percentuali.
Inoltre, il divario tra gli Stati membri è evidente: gli Stati in cui sono state adottate misure ad hoc (soprattutto Francia e Norvegia) progrediscono molto più rapidamente di quelli in cui non esistono misure. Questa situazione, per di più, si scontra con l’elevata professionalità raggiunta dalle donne nell’Unione europea, se si tiene conto che le donne rappresentano circa il 60% dei nuovi laureati.
In linea generale, la proposta legislativa ha lo scopo di migliorare l’equilibrio di genere tra gli amministratori senza incarichi esecutivi delle società quotate. Si tratta pertanto delle società, con sede legale in uno Stato membro, le cui azioni sono ammesse alla negoziazione su un mercato regolamentato in uno o più Stati membri.
Più in particolare, la direttiva intende fissare un obiettivo quantitativo per la percentuale di membri del sesso sottorappresentato nei consigli di amministrazione delle società quotate.
Tale obiettivo consiste nel:

  • 40% di membri del sesso sottorappresentato per gli amministratori senza incarichi esecutivi; oppure
  • il 33% per tutti i membri del consiglio di amministrazione.

Questo obiettivo dovrà essere raggiunto dalle società interessate entro il 2027. In caso di mancato raggiungimento, le società sarebbero tenute a procedere attraverso nomine o elezioni di amministratori applicando criteri chiari, univoci e formulati in modo neutro.
Vale la pena evidenziare che la scelta di uno dei due obiettivi spetta allo Stato membro piuttosto che alle singole società.
In capo agli Stati membri, inoltre, è imposto l’obbligo di garantire, nella scelta tra candidati con pari qualifiche, che le società diano priorità al candidato del sesso sottorappresentato, salvo che una valutazione obiettiva non faccia propendere per il candidato dell’altro sesso.
Per queste ragioni, la proposta di direttiva prevede un livello minimo di armonizzazione dei requisiti in materia di governo societario, giacché le decisioni di nomina dovranno basarsi su criteri oggettivi. Tuttavia, la direttiva introdurrebbe anche misure di salvaguardia in grado di garantire che non vi sia alcuna promozione automatica e incondizionata del sesso sottorappresentato.
Delineando i prossimi step, l’accordo raggiunto tra gli Stati membri ha aperto la strada ai negoziati tra il Consiglio e il Parlamento europeo per definire una posizione comune.

Per approfondire: UE_parità_genere_consigli_amministrazione

Per maggiori informazioni contatta il nostro numero verde: 800 180 943.

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