Free mobility of workers is one of the fundamental freedoms on which the European Union (with the free movement of goods, services and capital) is based. It is defined by the Art. 45 of the Treaty on the Functioning of the European Union (hereinafter TFEU) (consolidated version 2012, OJ C 326, 26.10.2012.) and entails the abolition of any discrimination based on nationality in relationship to employment between workers of the Member States. Art. 45, par. 4 of the TFEU stipulates that the provisions of this Article shall not apply to the employment in public services. In essence, the Master of the ship functions are: a) the responsibility for the safety of the ship and order on board, b) a public authority on board and c) representation of the ship-operator. Since the public functions of the shipmaster are performed occasionally, they actually represent only a small part of its activities and the question is whether the position of a shipmaster can be defined as a public one or whether the citizenship as a condition for performing shipmaster function in a Croatian maritime law represents a discriminatory treatment. This paper will also analyse case law from the European Court of Human Rights in proceedings under Art. 14 from the European Convention for the Protection of Human Rights and Fundamental Freedoms (prohibition of discrimination) and the Case law from the European Court of Justice.
