The rule of law is a key precept in public law. But it often seems to be assumed that the concept should have little traction in the private law domain, where the State is nowhere to be seen. This paper contests that assumption. Defining the rule of law as being concerned with protecting the...

In this chapter I investigate the operation of multi-layered, interlocking power to regulate positive action in the EU and its Member States. First I analyze EU law to tease out its uncertainties on this topic. Secondly, I use recent experience in the UK as a case study to show the impact that...

The regulation of the social implications of transfers of undertakings is a topic that has made its way in the European law with quite enough difficulty, but became in time an increasingly discussed topic. Since the transfer of an undertaking from an employer to another could not be achieved...

The regulation of transnational employment in the European Union operates at the crossroads between private international law and internal market rules. The private international law rules are currently laid down in the Rome I Regulation. This regulation is complemented by the Posted Workers...