Diplomatic and Consular Protection in EU Law: Misleading Combination or Creative Solution?
AbstractArticle 23 of the Treaty on the Functioning of the European Union (TFEU) provides for the right of EU citizens to diplomatic and consular protection by Member States other than the State of nationality in the territory of a third country. But what are the concepts of diplomatic and consular protection embodied in that Article? Are those typical of public international law or rather novel concepts with autonomous meaning derived from EU law? This paper addresses this question and examines what are possible effects of Article 23 in terms of opposability of the concept of EU citizenship to third states as well as in terms of justiciability of the EU citizen’s right to obtain protection from a non national Member State in a third country. The paper concludes that political and legal practice of the EU and of Member States has yet to provide clear answers to these questions.
Download InfoIf you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
Bibliographic InfoPaper provided by European University Institute (EUI), Department of Law in its series EUI-LAW Working Papers with number 11.
Date of creation: 01 Jul 2010
Date of revision:
Contact details of provider:
Web page: http://www.eui.eu/LAW/
European law; citizenship;
This paper has been announced in the following NEP Reports:
- NEP-ALL-2011-10-01 (All new papers)
You can help add them by filling out this form.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Machteld Nijsten).
If references are entirely missing, you can add them using this form.