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Abstract

The paper investigates the proposition that the impact of European judicial politics on national modes of governance in the field of gender equality is partly mitigated by two major intervening variables: the existence of contrasted political opportunity structures and uneven access to justice in the European Union. In order to demonstrate this hypothesis, this study leads a systematic evaluation of these mediating variables in three member states. It aims at assessing the extent to which these factors constitute favourable stimulus and incentives or differently, conflict structures and contrarian forces for the expansion of Community judicial politics in the field of gender equality. The paper comes to the conclusion that the conceptualization of the complex dynamics of the emerging new European public policy space require a rethinking of the interactions between law and politics.