Consular activity and the EU after the Treaty of Lisbon: legal and institutional aspects

Abstract

This article analyzes the current legal framework of the consular assistance within European Union law. Historically, both consular assistance and protection have been two of the main driving forces behind the external action of EU Member States. Only nationality entitled to this type of protection and assistance. However, within the development of the concept of European citizenship, or what could be called «external dimension» of the EU citizenship, EU citizens have the right to obtain from another EU Member State consular assistance and protection and to obtain identification documents in those third countries where their country of nationality is not represented. Both the Charter of Fundamental Rights of the European Union and the Treaty of Lisbon have developed this right, which was developed up until now by EU Council Decisions. The Treaty of Lisbon implies big novelties, since it confers the power of initiative to the Commission, which has drafted a blueprint of Directive which will regulate consular assistance to EU nationals who are outside the EU in a situation of necessity.