Abstract
Although Member States are largely free to decide how to monitor and enforce the rights of posted workers, they are nonetheless bound to comply with EU law. In doing so, Member States must adhere not only to the principle of effet utile, setting minimum requirements, but also to the limits imposed by the freedom to provide services, placing a ceiling on national methods. Member States adopt different enforcement methods, though generally the following three are to be found: the state-oriented, the judicial and the industrial relations enforcement methods. Starting from this distinction, the article analyses the relation between EU law and national law, examining cases in which national methods for enforcing the rights of posted workers have come under the scrutiny of the Court of Justice of the European Union. An attempt is then made to identify the Member States' room for manoeuvre.
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