The right of the EU citizens to be employed as Master on Italian Ships under the Italian law. A EU Court of Justice questionable judgement. This paper examines the main contents of the important Court of Justice judgement given in 2008 by the EU Court of Justice in case C-447/07, that is part of the extensive case-law on free service of European workers within the European Community. Specifically, the Court returned to rule on the issue of recognition to citizens of Countries partners of the European Union of the right to be employed on Italian flag Ships at the same conditions as Italian citizens. In addressing the question, the paper examines the general Community legislation concerning the free service of European workers, with a specific view on the maritime sector. The Author criticizes the Court decision in the part considering that the Italian Republic would maintain in its legislation the requirement of Italian citizenship in accessing to employment of Master of Italian flag ships, in violation of Art. 39 of CE Treaty The judgement is based on a misreading of the Italian rules, specifically of Codice della Navigazione and of DPR. 324/2001.
Il diritto del cittadino comunitario ad essere arruolato quale comandante di nave italiana: l'ordinamento giuridico italiano ne impedisce o limita l'esercizio? Una discutibile sentenza della Corte di Giustizia
DE MARCO, LUCIANO
2009-01-01
Abstract
The right of the EU citizens to be employed as Master on Italian Ships under the Italian law. A EU Court of Justice questionable judgement. This paper examines the main contents of the important Court of Justice judgement given in 2008 by the EU Court of Justice in case C-447/07, that is part of the extensive case-law on free service of European workers within the European Community. Specifically, the Court returned to rule on the issue of recognition to citizens of Countries partners of the European Union of the right to be employed on Italian flag Ships at the same conditions as Italian citizens. In addressing the question, the paper examines the general Community legislation concerning the free service of European workers, with a specific view on the maritime sector. The Author criticizes the Court decision in the part considering that the Italian Republic would maintain in its legislation the requirement of Italian citizenship in accessing to employment of Master of Italian flag ships, in violation of Art. 39 of CE Treaty The judgement is based on a misreading of the Italian rules, specifically of Codice della Navigazione and of DPR. 324/2001.
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