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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 VII: Guarantees of the Right to Consular Protection

Extract

CHAPTER VII

Guarantees of the Right to Consular Protection

1.  Judicial Guarantees of the Right to Consular Protection

Although neither the Treaty on European Union nor the Treaty on Functioning of the European Union mention expressly that rights are guaranteed by the system of judicial remedies established, the Court of Justice pointed out already in the case Van Gend & Loos that for instance the infringement procedures according to Articles 258 and 259 TFEU,1 that can be brought by the European Commission or by a Member State before the Court of Justice, are guarantees against the violation of individual rights conferred upon the Treaties.2

Since the pillar structure introduced by the Maastricht Treaty was overcome with the entry into force of the Treaty of Lisbon, the jurisdiction of the Court of Justice of the European Union was extended to the law of the European Union, unless the Treaties provide otherwise.3 According to Article 19 para. 1 TEU, the Court shall ensure that in the interpretation and application of the Treaties the law is observed. Hence, the Court has full jurisdiction over any judicial dispute relating to Article 23 TFEU.

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