El efecto disuasorio en la indemnización de daños y perjuicios derivada de discriminación por razón de sexo. ¿Realidad o ficción? : algunas reflexiones a propósito de la Sentencia Arjona Camacho, C-407/14. STJUE 17 diciembre 2015 (JUR 2015, 306580)

The deterrent effect is one of the characteristic of the compensation resulting from sex discrimination, because of it is a key element to achieve gender equality. This element, which has been required by case law of European Court of Justice and is currently adopted in Article 18 Directive 2006/54, has not created many problems in recent years. Nevertheless, the recent judgment Arjona Camacho, C-407/14, EU:C:2015:831 opens a discussion about the implementation of punitive damages in member states where does not contains the institution. Although the answer of the European Court of Justice is negative, different questions are being raised on purpose of the role of European Union in the fight against sex discrimination. As a result, the aim of this paper is to analyze the deterrent effect of the compensation resulting from sex discrimination ex Article 18 Directive 2006/54. In order to achieve it, this research will deal with different questions arising from this judgment, such as the characterization of the deterrent effect in the compensations resulting from sex discrimination, the direct effectiveness of the directives that regulate aspects related with fundamental rights and which is the appropriate level to regulate the configuration of punitive damages.