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The overall purpose of this study is to analyse, on the basis of company law, fundamental rights and fundamental freedoms, whether Sweden can introduce more far-reaching measures for a balanced representation of women and men among the directors of listed companies, than what is required in the EU Directive (2022/2381), which only apply to large listed companies. The core of the study is to analyse how such measures can be designed in the most effective way in the context of Swedish company law. Three sub-purposes have been specified: (1) to analyse the legal context for implementing such measures, (2) to study and analyse the relationship between such measures and the right to property, the latter understood in the contexts of company law rights, fundamental rights and fundamental freedoms, and (3) to analyse and discuss how such measures can be implemented based on socio-economic and company legal considerations and also how such measures can be formulated.

Measures for a balanced representation of women and men, also known as gender quotas, are polarising. They have been criticised ever since they were introduced, because they are considered unlawful, unnecessary or inappropriate. However, the main conclusion of this study is that such measures do not constitute a restriction of company law rights nor fundamental rights or fundamental freedoms.

Considering the results of the study, it can be concluded that: (1) it is lawful, according to Swedish and European law, to adopt more far-reaching measures for a balanced representation of women and men in all listed companies, since such companies have the same function on the market in terms of capital supply, regardless of size. However, the bigger the company, the greater the impact. (2) It is also lawful within Swedish company law to require a balanced representation of women and men in public companies listed on multilateral trading facilities. Such companies have the same structure as listed companies and are subject to the same regulations (except for the listing requirements) as listed companies. (3) There is potential scope to let such measures apply to large public companies not listed on the stock market.