Broadening the legal basis of the posted workers directive, as proposed by the European Parliament’s joint-rapporteurs, is not thought by the Parliament’s legal department to be admissible, according to a confidential opinion seen by EUROPE on Monday 8 May.
The current directive on the posting of workers (Directive 96/71/EC) takes as its legal basis Articles 53(1) and 62 of the TFEU on the freedom to provide services. In order to improve protection for workers and improve working...