“Gender Mainstreaming” at the Center of EU Policy: Ordo Iuris Analyzes the Gender Equality Strategy

The European Commission has adopted a communication entitled EU Gender Equality Strategy 2026–2030, which constitutes the main strategic document in this area for the coming years. The document, as a so-called soft law act, is not binding within the meaning of Article 288 TFEU; however, its significance goes beyond being merely declaratory. It sets the direction of future legislative initiatives and the institutional practice of the European Union.

The Ordo Iuris Institute, as part of the public consultation conducted by the European Commission during the drafting of the document, submitted its opinion. This document was received by the European Commission on June 4, 2025, that is, during work on the EU Gender Equality Strategy 2026–2030, and formed part of the institutional dialogue preceding the adoption of the final text. In the opinion of Ordo Iuris experts, continuing a policy based on eliminating all differences between women and men leads to a distortion of the idea of equality, turning it into a pursuit of uniformity. It was emphasized that gender equality should be understood primarily as a prohibition of discrimination, not as a tool for imposing uniform social or professional norms. The authors of the opinion also noted that the European Commission’s actions to date in the area of equality policy have not yielded the expected results, and their effectiveness raises serious doubts.

The Ordo Iuris opinion also emphasized the need for a fundamental revision of the direction of the EU’s equality policy, so that it better meets real social needs and respects the autonomy of the Member States. In the view of Ordo Iuris experts, moving away from an ideological approach to gender equality could foster more effective identification and resolution of social problems.

Subsequently, after the strategy text was published, the Ordo Iuris Institute prepared an analysis of the final document, focusing on its legal nature and the mechanisms for influencing the Member States. The authors of the analysis point out that the document fits into a broader trend of governance through strategies and programmatic documents that—despite not being legally binding—can have a real impact on the EU legal system and national policy.

A central element of the strategy is the concept of so-called gender mainstreaming, namely, integrating the “gender perspective” into all areas of European Union policy. In practice, this means that measures in areas such as the economy, health, digitalization, and security are to be designed and evaluated in terms of their impact on women and men. The strategy calls for “systematic gender mainstreaming across all policy areas,” thereby making the principle of gender equality cross-cutting.

As the authors of the analysis point out, although the Commission invokes Article 8 TFEU (which provides for the pursuit of equality between women and men) as the basis for this concept, this provision is a horizontal principle—that is, one which, in itself, does not constitute a basis for decision-making but must be taken into account in all actions and policies. Consequently, the formal scope of the EU’s competences remains unchanged. However, in practice, the Union’s influence is expanded by imposing additional requirements on almost all public policies.

The Ordo Iuris analysis points out that such an approach may lead to the phenomenon of so-called functional expansion of competencies. Although the Treaties do not confer any new powers on the Union, the obligation to integrate a gender perspective into every policy gives EU institutions real influence over areas that have traditionally belonged to the Member States.

Financial instruments play a particular role in implementing the strategy. The EU budget and its disbursement mechanisms are used as a tool to implement equality objectives, including by monitoring spending from a gender equality perspective and by linking funding to the achievement of specified priorities. This leads to the creation of a system of financial conditionality that may have a significant impact on Member States’ decisions.

The Ordo Iuris analysis also emphasizes the importance of measures in the field of health, including so-called reproductive and sexual health. Although the EU’s competences in the field of health are only complementary, the strategy provides for supporting and coordinating measures that—through funding and guidelines—can influence national policies.

Ordo Iuris Experts point out that employing non-binding instruments and financial mechanisms in a way that leads to effects similar to the harmonization of law raises concerns in light of the principle of conferral (Article 5(2) TEU). This may hinder the review of the legality of EU institutions’ actions and blur the boundaries between the competences of the Union and those of the Member States.

In conclusion, the analysis indicates that the EU Gender Equality Strategy 2026–2030 is an example of the growing role of soft law instruments in the functioning of the European Union. Although it is formally non-binding, it can significantly shape public policy in the Member States by combining gender mainstreaming with financial and coordination mechanisms.

“The EU Gender Equality Strategy 2026–2030 shows that so-called gender mainstreaming is becoming one of the main mechanisms by which the European Union influences the national policies of the Member States. Although it does not formally change the scope of the EU’s competences, in practice, it can lead to their expansion through financial and coordination instruments. This raises important questions about the limits of the principle of conferral of competences and about maintaining a balance between the EU level and the Member States,” notes Julia Książek from the Ordo Iuris Center for International Law.

See also:

• “Gender equality” and “reproductive rights” – EU priorities in human rights forums