Il lavoratore marittimo e I fori speciali protettivi nel «sistema Bruxelles I»

The article focuses on some of the most sensitive issues related to the application in the maritime sector of the sub-system of uniform, special and ‘exhaustive’ rules on jurisdiction provided for by EU Reg. No. 1215/2012 on employment relations, with specific focus on the hypotheses in which (i) the employer is sued, and (ii) such party is domiciled in the non-EU area. In this perspective, consideration is given, first of all, to the expansion of the subjective scope of application of the Reg., both by virtue of the amendments adopted in the EU context and on the basis of the unilateral choices made by Law No. 218/95 (reforming the Italian system of private international law), to then focus on the limits of the enforceability of the jurisdiction clauses and, finally, on the peculiarities (and challenges) concerning the application of the criterion based on the ‘place where the employee habitually carries out his work’ with reference to relationships related to navigation.