The Development of the Reconciliation Principle in EU Discourse

Abstract

Neither the concept of reconciliation of work and family life nor family policies¹⁰² were contemplated by the original Treaty of the European Community. This is unsurprising in an economically oriented Treaty, the primary aim of which was to create a single market. The Treaty of Rome was market-making rather than market-correcting and it aimed to create an integrated labour market that functioned efficiently, rather than to correct its outcomes in line with political standards of social justice.¹⁰³ Such an approach was reinforced by the European Court of Justice (ECJ) which was initially reluctant to deal with questions concerning the family, its organisation and the division of responsibility between parents.¹⁰⁴ Accordingly, in this context, social goals were seen as merely side issues to achieving greater economic integration.¹⁰⁵ Over the last two decades, however, the political and legal context has changed dramatically and in recent years there has been a substantive shift towards more social-based legislation. In particular, the Treaty of Amsterdam made it clear that equality is to be viewed as a proactive obligation within the EU.¹⁰⁶ As a result of this process, reconciliation has gradually been included in the agenda. Its development, at least at an early stage, has been ancillary to the development of other issues rather than as a stand-alone concept.