CONSULAR FUNCTION IN THE CONTEXT OF THE VIENNA CONVENTION
CONSULAR FUNCTION IN THE CONTEXT OF THE VIENNA CONVENTION

Summary/Abstract: The paper contains a comprehensive overview of the essential determinants of consular law, consular functions, as well as an analysis of administrative law elements used during the performance of consular duties. It is stated that there are certain problems in the application of the law of the receiving state, which the sending state is obliged to respect. The principles and norms of administrative law and administrative procedure of the receiving state are difficult to apply in their entirety due to the need for speed of procedure, especially where the exercise of certain property or status rights of citizens of the sending state is at stake. In this regard, the paper states that according to the Vienna Convention on Consular Relations of 1963, there are certain diplomatic and political competences and functions of consular duties, while a part of the functions relate to purely formal-legal functions. The paper approaches the analysis of benefits, privileges and immunities in a completely new way, with the conclusion that the degree of privileges for persons performing consular duties is really high, that they to a certain extent help to perform consular duties both economically and efficiently, but also that in certain cases they violate the criteria of rights and freedoms that the receiving citizens have, and that there are privileges that can be turned into abuse. As one of the possible points of abuse, the paper accepts the possibly unconstitutional and illegal actions of the sender, with the aim of disrupting the stability of the recipient state. Despite this, the conclusion of the work is that consular law should be developed in the context of the intentions set by international conventions on consular relations and affairs.

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