Case № 9/ 2011 year Status: Resolved

Art. 88b, para 1 and para 2 of the Merchant Shipping Code that provide that the employment relationships and the relationships directly related thereto between ship crew members and the shipowner shall be regulated by an ordinance of the Council of Ministers is not discordant with Art. 48, para 5 of the Constitution that reads that the basic labor rights of workers and employees shall be subject to conditions and procedures established by law. These rights are treated in the Labor Code and the Labor Safety Act, hence the passage of an ordinance concerning the merchant ships crews is not a usurpation of the Parliament’s legislating powers as the above-noted pieces of legislation deal with the primary regulation of this matter. The ordinance will not replace but further develop the general legal rules in the consideration of the specific working conditions for merchant ships crew members.