CYIL vol. 8 (2017)

PETR VÁLEK CYIL 8 ȍ2017Ȏ of a third State.” Another exception can be found in Article 27(1)(c) of the Convention for the case of severance of consular relations. 18 In this context, it is important to keep in mind that consular protection to the unrepresented citizens of the EU cannot be provided automatically, i.e. , just on the basis of the Council Directive 2015/637 and the Act on Foreign Service, but in each case, the notification to the receiving State should be done by the respective EU member State. If the receiving State objects, this consular protection cannot be provided. This element is missing both in the Council Directive 2015/637 and in the Act on Foreign Service. Nevertheless, according to a recent German commentary to the Vienna Convention on Consular Relation, the notification by the EU based on Article 8 of the Convention is accepted worldwide. 19 Conclusion The three analyzed parts of the Act on Foreign Service show clearly that international law played an important role in its drafting. First, the unequivocal requirement to comply with international law was incorporated into the four basic principles for the exercise of foreign service. Second, the relevant treaties in force ( i.e. , the Vienna Convention on Diplomatic Relations, the Vienna Convention on Consular Relations and the Convention on Special Missions) were used, where possible, as guidance when the categories and functions of the respective “representative offices” were defined. Third, the same approach was taken for setting the scope and limits of consular protection. Therefore, the Act on Foreign Service can be described as “international law friendly” legislation. Now it is up to the practice to decide whether this Act will become a useful tool for the Czech foreign service. Finally, the new Czech Act may provide some inspiration to other Foreign Ministries that will find themselves in the position of drafting a similar act regulating their business. 6.

18 Vienna Convention on Consular Relations, Article 27(1)(c): “In the event of the severance of consular relations between two States: …(c) the sending State may entrust the protection of its interests and those of its nationals to a third State acceptable to the receiving State”. On the basis of this provision, the United States entrusted the Czech Republic with this role in Syria. 19 WAGNER, N., RAASCH, H., PRÖPSTL, T., Wiener Űbereinkommen űber konsularische Beziehungen vom 24. April 1963, Kommentar fűr die Praxis , Berlin 2007, p. 119: „Die unionsrechtliche Erweiterung der konsularischen Aufgaben gem. Art. 20 EG ist nach erfolgter Notifizierung durch die EU gem. Art. 8 WŰK weltweit akzeptiert und völkerrechtlich wirksam.“

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