IDEAS home Printed from https://ideas.repec.org/p/erp/euilaw/p0136.html
   My bibliography  Save this paper

Diplomatic and Consular Protection in EU Law: Misleading Combination or Creative Solution?

Author

Listed:
  • Patrizia Vigni

Abstract

Article 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.

Suggested Citation

  • Patrizia Vigni, 2010. "Diplomatic and Consular Protection in EU Law: Misleading Combination or Creative Solution?," EUI-LAW Working Papers 11, European University Institute (EUI), Department of Law.
    • Handle: RePEc:erp:euilaw:p0136
    as

    Download full text from publisher

    File URL: http://hdl.handle.net/1814/14354
    File Function: Full text
    Download Restriction: no
    ---><---

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Riaan Eksteen, 2020. "Diplomatic and Consular Protection with Special Reference to Article 46 of the EU Charter of Fundamental Rights," Laws, MDPI, vol. 9(4), pages 1-12, December.

    More about this item

    Keywords

    European law; citizenship;

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:erp:euilaw:p0136. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Machteld Nijsten (email available below). General contact details of provider: http://www.eui.eu/LAW/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.