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Ruth Rubio-Marín

This chapter provides a typology of measures through which constitutional hurdles of a different nature against gender quotas legislation in Europe have been overcome. While it does not purport to be exhaustive, the list of countries covered is quite comprehensive and intentionally includes countries with different citizenship traditions (where this has proven a relevant factor to the quotas conversation), as well as a variety of constitutional architectures regarding sex equality. The typology distinguishes between constitutional reform and constitutional interpretation as the main constitutional mechanisms to overcome constitutional hurdles, and shows that the former has been the dominant tool in Europe in either a pure or a combined form. Within the former category, the chapter distinguishes between ‘pre-emptive’, ‘enabling’ and ‘reinforcing’ constitutional amendments.