Book review: Debating equal pay for all. Economy, practicability, ethics by Anders Örtenblad
| Published date | 01 December 2021 |
| Author | Matteo Fornasier |
| Date | 01 December 2021 |
| DOI | 10.1177/13882627211053346 |
| Subject Matter | Book Reviews |
Book Reviews
Anders Örtenblad (ed.) (2021) Debating equal pay for all. Economy, practicability, ethics. Palgrave Macmillan,
Cham/Switzerland, XXV+320 pages, ISBN: 978-3-030-53574-2 (hardcover); ISBN 978-3-030-53575-9
(eBook).
Reviewed by: Matteo Fornasier ,Ruhr-University Bochum
DOI: 10.1177/13882627211053346
The demand for equal pay constitutes a cornerstone of European social law. When the European
Economic Community (EEC) was established by the Treaty of Rome in 1957, the focus was
clearly on the creation of a common market and t he promotion of economic freedom, whereas
social policy issues were rather neglected by the signatories of the Treaty. Against this background,
Article 119 of the Treaty of Rome marks an exception within the legal framework of the EEC by
enshrining the principle of equal pay. This provision is generally considered to be the very core
from which the whole system of European social and antidiscrimination law has evolved gradually
over time. Despite its fundamental role in European Union law, the principle of equal pay –now
laid down in Article 157 of the Treaty on the Functioning of the European Union –is rather limited
in scope. As stated in Paragraph 1, the provision guarantees equal pay (solely) “for male and
female workers for equal work or work of equal value”. By contrast, the book reviewed here deals
with the demand for pay equality in a much more radical sense. Its authors discuss the pros and
cons of an equal pay rate for all workers –irrespective of the job or profession performed. Should sur-
geons and nurses, pilots and cab drivers, professors and cleaners all earn the same amount of money?
From a purely legal perspective, constitutional law as well as European and international law all
constitute a probably unsurmountable obstacle to the implementation of such a radical form of
equality. A regulatory intervention imposing equal pay for all workers would massively interfere
with fundamental individual freedoms —most notably, individual contractual freedom and the
right of social partners to set wages through collective bargaining. However, as the editor of the
volume, Anders Örtenblad, emphasises in the introductory chapter, the book is meant to address
the topic from a philosophical perspective: would it be desirable to introduce equal pay for all in
an ideal world where the legal restrictions of the existing legal order do not apply? That is not to
say that the insights gained from this philosophical exercise cannot be used to shape the existing
legal framework –on the contrary, they may be relied upon by politicians and activists to
develop policy proposals and draft legal reforms.
The book is organised into four parts. The first part contains contributions rejecting the idea of
equal pay for all workers. One of the main arguments brought forward in this context is that equality
of pay would remove incentives to work and, in particular, incentives to perform jobs that are in the
Book Reviews
European Journal of Social Security
2021, Vol. 23(4) 392–402
© The Author(s) 2021
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