KONZULARNA ZAŠTITA DRŽAVLJANA ZEMALJA ČLANICA EVROPSKE UNIJE
CONSULAR PROTECTION OF NATIONALS OF MEMBER STATES EU

Summary/Abstract: The need for an institution similar to today's consulate institute arose in the European area with the development of trade relations between nations. The first provisions on the consular service appeared at the end of 1681 in France, and only at the end of the 18th century was the first consular convention signed - between France and Spain. The universal codification of consular law took place in 1963, when the Vienna Convention on Consular Relations was adopted. Since then, this Convention has been considered a generally accepted instrument for regulating consular relations in the entire international community, and the rules of customary international law continue to apply to issues not regulated by its provisions. The member states of the European Union are signatories to the Vienna Convention on Consular Relations, as well as the European Convention on Consular Functions, which was adopted within the framework of the Council of Europe in 1967. The European Union has taken a step further in this area, supplementing the classic concept of consular relations with new rights of Union citizens arising from the institute of "European citizenship". The right to diplomatic and consular protection of EU citizens was introduced into Community law by the Treaty of Maastricht (1992), and then supplemented by the provisions of the Treaty of Amsterdam (1997). By Article 17 of the Treaty of Amsterdam (former Article 8), the contracting states undertook to provide diplomatic and consular protection to citizens of another member state in the territory of a third state where the state, whose citizen is the person in trouble, is not represented, under the same conditions under which they provide such protection to its own citizens. The joint approach of the member states in the field of consular protection of EU citizens in third countries aims to provide more effective protection. In order to ensure such protection, the member countries undertook to establish the rules necessary for the establishment of mutual relations in matters of diplomatic and consular protection and to start the international negotiations necessary for the said protection to be realized. On December 19, 1995, under the auspices of the EU Council, the representatives of the governments of the member states passed Decision 95/553/EC in order to fulfill the obligation prescribed by the then Article 8C of the Treaty of Maastricht, that is, Article 20 of the Treaty of Amsterdam. In the same year, the European Commission, together with the member states, published a brochure entitled "Consular protection of citizens of the European Union", which contains instructions on the rights and practical procedures that EU citizens can take in order to exercise those rights. Finally, the Political Committee of the Council of the EU adopted instructions suggesting to non-member countries to enable member states to effectively provide consular protection on their territory, as well as exercise the basic human rights of EU citizens. Yugoslavia's determination to realize its strategic goal of joining the European Union as soon as possible implies following European regulations in the field of consular protection as well. In this regard, some steps have already been taken, but the process of modernization of the work of consular bodies should be continued, as well as the further strengthening of diplomatic and consular relations that were interrupted during the long period of international isolation of our country.

• Details
• Contents