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The new edition of this major work is a must-buy for all students studying EU employment law. It offers comprehensive coverage of an increasingly complex subject, tackling both case law and legislation, and provides detailed analysis of the EU's Directives and their impact on employment law.

The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in EU Law, the Law of the Council of Europe, and Comparative Law with a ''European'' dimension, and particularly those issues which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, a research centre in the Law Faculty of the University of Cambridge specialising in European legal issues. The papers presented are all at the cutting edge of the fields which they

Introduction : the constitutional theory, the constitutional debate and the constitutional process / Catherine Barnard -- European democracy between the ages / Paul Magnette -- Direct effect, indirect effect, supremacy and the evolving constitution of the European Union / Sacha Prechal -- Respecting fundamental rights in the new union : a review / Andrew Williams -- Social policy revisited in the light of the constitutional debate / Catherine Barnard -- The areas of freedom, security and justice and the European Union's constitutional dialogue / Dora Kostakopoulou -- Unity and pluralism in the EU's foreign relations power / Enzo Cannizzaro -- 'Euro-visions'? some thoughts on prospects and mechanisms for future constitutional change in the European Union / Angus Johnston

1. The Evolution of the Single Market -- Paul Craig -- 2. Pre-emption, Harmonisation and the Distribution of Competence to Regulate the Internal Market -- Stephen Weatherill -- 3. Proportionality and Subsidiarity -- George Bermann -- 4. Flexibility in the European Single Market -- Nick Bernard -- 5. Horizontality -- Stefaan Van den Bogaert -- 6. Enforcing the Single Market: The Judicial Harmonisation of National Remedies and Procedural Rules -- Michael Dougan -- 7. Unpacking the Concept of Discrimination in EC and International Trade law -- Gráinne de Búrca -- 8. Market Access and Regulatory Competition -- Catherine Barnard and Simon Deakin -- 9. Mutual Recognition -- Kenneth Armstrong -- 10. Mandatory or Imperative Requirements in the EU and the WTO -- Joanne Scott -- 11. The Single Market, Movement of Persons and Borders -- Elspeth Guild -- 12. Competition Policy and the Shaping of the Single Market -- Albertina Albors-Llorens -- 13. Free Movement of Capital: Learning Lessons or Slipping on Spilt Milk? -- Steve Peers -- 14. The External Dimension of the Single Market: Building (on) the Foundations -- Marise Cremona

Abstract
This article argues that the current reassertion of parliamentary sovereignty is, in fact, the reassertion of the control of the executive (Whitehall), to the detriment of genuine control by parliament (Westminster). Parliament is being used to pass Acts of Parliament to take back control from the EU, but with remarkably little scrutiny. And, in that process, those Acts are being used to authorize the delegation of significant powers to the executive, largely through 'Henry VIII' powers. These powers enable ministers, by secondary legislation, to amend or repeal both primary and secondary legislation. Law is being used to take back control. However, the genuine democratic checks on that law are few. The result may be that taking back control from Brussels results in decisions being made by Whitehall, decisions disconnected from, in particular, the sentiments of the devolved administrations and the still large number of people who have never accepted Brexit.

AbstractThis chapter considers the legal foundations for the EU institutions to act in the context of the Lisbon and EU2020 Strategies, including the EES (the Luxembourg European Employment Strategy). It begins by examining the formal structure provided by the Treaties for these processes and the legal basis for the resulting measures, focusing on the social strand of the three strategies. The chapter then examines the documents resulting from these strategies to see whether a legal basis is specified and, if so, what. These data are used to conclude that, outside the context of the EES, there is a remarkable absence of any express legal basis for particular EU institutions to act. Nevertheless, the European Council has assumed a pre-eminent role, pushing forward these strategies even in the absence of express competence to do so. The legitimacy of this mode of decision-making is then considered, particularly in the light of the changes introduced by the Lisbon Treaty.