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Les fournisseurs de mains d’oeuvres maritimes et le droit de l’Union européenne

Abstract

To optimize their operating costs, many shipowners resort to manning agencies, intermediaries between them and the cosmopolitan crew of their ships, sailing, usually on the open registers advocating «absolute minimum» in social matters. This economic model based on the search for a lowering of the social cost on board ships must now reckon with the entry into force of the 2006 Maritime Labour Convention («MLC 2006»), which requires Member States to respect new obligations as to control of companies subleasing employees. Partly incorporated in the Community system, this new international social regulation nevertheless illustrates the difficulties of the European Union to develop a common response to widespread international practice of social dumping at sea. If the principle of social responsibility of States with regard to manning agencies is enshrined in the MLC 2006, the absence of Community regulation of this activity leaves the control of maritime labour companies to the sole discretion of the more diligent States in social matters

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