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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 V: Holders of the Right to Consular Protection



Holders of the Right to Consular Protection

1.  ‘Unrepresented’ European Union Citizens

1.1.  Holders of Union Citizenship

The holders of the right to consular protection are, according to the definition contained in the Treaties, the European Union citizens who are those having the nationality of one of the EU Member States.1 According to Article 20 para. 1 second sentence TFEU:

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