The EU Council of Ministers and MEPs are knowingly exceeding their powers by seeking to approve a measure which the EU Treaty clearly gives them no power to introduce. The revised EU Posting of Workers Directive will require employers to pay anyone posted from another EU state the full market rate in the host state – even though the workers continue to be domiciled in a state where the pay market is much lower. S153(5) of the EU Treaty denies any right of EU legislators to place controls on pay, but they continue to flout the Treaty. We have striven over 20 years to underline this constraint concerning similar EU measures, but each time the challenge is sidestepped.