The Impact of EU Law and Globalization on Consular Assistance and Diplomatic Protection

Abstract

This chapter deals with the impact of both Europeanization and globalization on some specific aspects of what was once called “international administrative law”, namely consular assistance and diplomatic protection. First of all, the international conventions on consular assistance and diplomatic protection are briefly summarized. Second, the impact of Europeanization is evaluated, taking into account both the horizontal (the right to consular and diplomatic protection from authorities of member states other than those of citizenship) and the vertical dimension (the right to consular and diplomatic protection from European authorities). Finally, the impact of globalization is considered. It is argued in this respect that the changes observed in these specific sectors could exemplify some more general phenomena. On the one hand, globalization increases the international dimension of domestic administrative law, by widening the part of domestic administrative law that regulates situations having a link with foreign legal systems. On the other hand, globalization decreases the degree of specificity of that part of domestic law, submitting the exercise of “foreign affairs” administrative functions to the general requirements of the rule of law.