In January 2003, the EFTA Court ruled that the practice of reserving some academic positions exclusively for women at Norwegian universities is unlawful according to Norway’s obligations under the European Economic Area (EEA) Agreement.
On 24 January 2003, the European Free Trade Association (EFTA) Court ruled that the practice of reserving some academic positions exclusively for women at Norwegian universities was unlawful. This is in light of Norway’s obligations under the European Economic Area (EEA) Agreement as well as EU Directive (76/207/EEC) on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion. The action against the Norwegian authorities was brought before the EFTA Court by the EFTA Surveillance Authority (ESA) in the autumn of 2000. It came as a response to the reservation of 20 professorships for women at the University of Oslo (UIO), with a view to improving the gender distribution in higher academic posts within the university.
The ESA has for some time called for changes to the Norwegian legal framework in this area, on the grounds that it is in breach of EEA regulations and the EU equal treatment Directive (which applies to Norway by virtue of the EEA agreement). Thus, the ESA asked the Court to consider an item of Norwegian legislation allowing for the reservation of academic posts for women in educational institution (Article 30(3) of the Act relating to Universities and Colleges). The main aim of this regulation has been to increase the share of women in top-level academic posts in Norway.
The Court found that by 'maintaining in force a rule which reserves a number of academic posts exclusively for women Norway has failed to fulfil its obligations under Article 7 and 70 of the EEA Agreement, and Articles 2(1), 2 (4) and 3(1) of Directive 76/207/EEC'. The provisions of the Act relating to universities and colleges go beyond the EEA Agreement by giving unconditional priority to women, thus in effect discriminating against men in employment in and appointment to academic posts.
Although the Norwegian Ministry of Education and Research believes that the decision may entail alterations to the national legal framework, the decision does not prohibit more 'moderate' forms of gender quotas. Thus it is permissible to give priority to women in cases where the qualifications of candidates applying for the same job concerned are considered equal.
The Minister of Education and Research, Kristin Clemet, expressed her regrets over the Court's decision, because the earmarking of academic positions specifically for women has proven to be an important gender equality tool. However the Minister pledged to continue the efforts made to achieve equality in positions in higher education, although by other means, stressing among other measures the duty placed upon educational institutions to draw up plans of action for gender equality and establish targets. Furthermore, institutions are free to implement different types of measures that may encourage more women to pursue academic careers. The leader of the Federation of Norwegian Professional Associations (Akademikerne), Christl Kvam, contends that the Court's decision serves to undermine the gender equality efforts made in this area of working life but, like the Minister, she also emphasises intensified efforts by other means, including the introduction of more moderate quota arrangements.
Increased female participation in top positions in working life is an important gender equality objective of the Norwegian government. For example, in 2002, the government approved measures to increase the number of women on the executive boards of both state-owned and private companies (NO0203104F).