The Consular Protection of EU Citizens during Emergencies in Third Countries

Abstract

This chapter focuses on the consular protection that the member States and the EU can offer in third countries to EU citizens involved in disasters. The analysis aims to assess the legal framework applicable to the assistance granted by Article 23 TFEU and by its implementing acts. Decision 95/553 and the Council guidelines on consular protection do not apply solely to routine problems of individuals as they also contain rules and procedures coordinating the intervention of the member States’ diplomatic and consular missions during catastrophes involving a large number of EU citizens. The repatriation of distressed EU citizens is included in the cases where the member States have to give consular protection in accordance with Decision 95/553. The EU countries generally seem willing to co-operate in evacuating EU citizens, even if the practice shows some cases in which the diplomatic missions did not take the principle of non-discrimination on grounds of nationality into serious account. From a practical point of view, the dynamic process of the EU crisis management could offer a high degree of assistance. However, the efficacy of the consular cooperation in third countries is strictly connected to the capacity of the diplomatic missions on the ground, as well as to the resources available for managing emergencies. To evaluate the effective content of the consular protection granted by EU law in third countries, this chapter analyzes the four stages of crisis management: prevention, mitigation, relief and recovery. The contribution underlines both strengths and critical aspects of each phase, highlighting the co-ordinating role of the EU Presidency and the ‘Lead State’ in ensuring assistance to individuals. The author argues that the current problems could be overcome by the evolution of the external dimension of EU citizenship. In fact, the importance of the assistance interventions carried out in third countries could allow the Union to become a reference point for distressed citizens.

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