Is it necessary to reform the art. 7 of the Spanish Social Security General Law taking into account the law of the flag connecting factor decline?

Abstract

This paper aims to draw attention to the drift that the ECJ is taking in relation to the flag of law principle as a conflict law criteria to connect maritime employment relationship with the social protection system of the State designated by the ship's nationality. In view of the interpretative evolution followed by the Luxembourg Court, it appears that we are on the verge of abandoning the classic principle also in terms of social protection. This situation should lead us to open a debate on the need to rethink the existence and application of this principle in our own internal legislation.