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Multilevel Citizenship

The Right to Consular Protection of EU Citizens Abroad

Eva-Maria Poptcheva

This book is the first monograph on one of the least studied and most controversial European Union citizenship rights. Despite the importance of consular protection in a globalised world, many EU Member States are reluctant to recognise consular protection for EU citizens abroad as a right, leading to a protracted struggle to place the right to consular protection on a solid legal basis through a directive.
This book examines the right to consular protection as an illustrative case in the debate over a multilevel design of EU citizenship combining rules from several different legal systems, whose interplay is reinforced by the extra-territorial character of consular protection.
It offers a comparative analysis of the provision of consular protection in the 28 EU Member States as well as of the respective international law and EU rules. By examining the right to consular protection in its constitutional setting as a right flowing from EU citizenship, the book frames the analysis of all EU citizenship rights as fundamental rights in a multilevel-governance context.
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Chapter IV: Enjoyment of the Right to Consular Protection

Extract

CHAPTER IV

Enjoyment of the Right to Consular Protection

1.  Direct Effect of Union Citizenship

In European Union law, the possibility to enjoy, i.e. exercise, a legal right is narrowly linked to its ‘direct effect’ in the legal orders of the Member States. The enjoyment of their Union citizenship status will depend on the possibility for EU citizens to invoke the rights deriving from Union citizenship before national authorities, including national courts, of their own Member State but also of the other Member States. Whilst many commentators seem to favour a case-by-case approach to the direct applicability of the different Union citizenship rights, such as freedom of movement and residence, we suggest a more coherent dogmatic approach based on the functional and structural relationships between all Union citizenship rights and Union citizenship.

1.1.  Direct Effect and Subjective Rights

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