Under the current emergency situation deriving from the Covid 19 pandemic, there may be situation of EU citizens stuck outside the EU, for flight cancellations or travel bans. What happen if they need consular assistance and their State does not have a diplomatic representation in the country where they are stuck?
Every citizen of the European Union located in the territory of a third country is entitled to consular and diplomatic protection (Art. 20 of EC Treaty). Decision of EU Council of 19 December 1995 r (n. 553/95) set forth the conditions for entitlement to diplomatic and consular protection as follows:
The diplomatic or consular representation giving protection must treat the person seeking help as if he or she were a national of the Member State which it represents.
Assistance in the event of difficulties: mandatory protection
The protection must cover:
This list is not exhaustive as EU citizens may find themselves in difficulties in any number of situations in countries that are not members of the EU. In so far as it is within their powers, Member States’ diplomatic representations or consular agents may therefore assist citizens in other cases if they are requested to do so.
Other than in cases of extreme urgency, no financial advance or assistance may be given or expenditure incurred on behalf of a citizen of the Union without the permission of the competent authorities of the Member State of which that citizen is a national, such permission being given either by the Foreign Ministry or by the nearest diplomatic mission.
Unless the authorities of the Member State of the applicant’s nationality expressly waive this requirement, the applicant undertakes to repay the full value of any financial advance or help and expenditure incurred plus, where applicable, a consular fee notified by the competent authorities. This requirement may be waived by the authorities of the applicant’s Member State.
The undertaking to repay takes the form of a document requiring the distressed national to repay to the Government of the Member State of which he is a national any costs incurred on his behalf or money paid to him. The Government of the Member State of which the applicant is a national must reimburse all costs, on request, to the Government of the assisting Member State.
Emergency travel documents are the type of assistance most frequently provided to citizens outside the EU in places where their home country has no embassy or consulate. These documents are issued to citizens whose passports or travel documents have been lost, stolen or destroyed. They are essential to help these citizens return home safely. On 18 June 2019, the Council adopted a directive on an EU emergency travel document. The directive updates the rules, format and security features of the EU emergency travel document. It simplifies the formalities for unrepresented EU citizens in third countries.
Attorney at law.
One of the leading corporate immigration lawyers in Italy. Admitted to the Milan Bar Association (1988) and to the Taipei Bar Association (2016), a member of the American Immigration Lawyers Association (AILA) and an accredited partner of Invest in Tuscany.
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