Consular Act (Germany)

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Basic data
Title: Law on Consular Officers, Their Duties and Powers
Short title: Consular Act
Abbreviation: KonsG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Special administrative law
References : 27-5
Issued on: September 11, 1974
( BGBl. I p. 2317 )
Entry into force on: December 12, 1974
Last change by: Art. 2 G of March 25, 2020
( Federal Law Gazette I p. 673 )
Effective date of the
last change:
October 1, 2021
(Art. 3 G of March 25, 2020)
GESTA : A006
Please note the note on the applicable legal version.

The law on consular officers, their tasks and powers , or the Consular Act for short, regulates the tasks and powers of German consular officers abroad. This includes the cooperation between the Federal Republic of Germany and the receiving state, namely in the areas of foreign trade and development relations, transport, culture and the administration of justice, as well as Germans within the meaning of Article 116, Paragraph 1 of the Basic Law and domestic legal persons at the dutiful discretion of advice and To provide assistance ( § 1 , § 27 KonsG).

In their official work, the consular officers have to take into account the limitations resulting from the law applicable in their consular district. In particular, they must observe the Vienna Convention on Consular Relations of April 24, 1963 (WÜK) ( Section 4 KonsG).

content

The law is divided into 5 sections:

  1. General rules (the consular functions in general and their performance)
  2. Individual consular duties and powers
  3. The career consular officers
  4. The honorary consular officers
  5. Fees and costs. These are collected in accordance with the special legal regulation in the Foreign Costs Act (AKostG) ( Section 25 KonsG, Section 1 (1) AKostG). In the case of ELN kidnapping , however, the Federal Administrative Court based the obligation to reimburse expenses on Section 5 (5) of the ConsG.
  6. Transitional and final provisions

literature

  • Ludwig Kroiß , Claus-Henrik Horn, Dennis Solomon : Succession law. Special laws on inheritance law: civil law, criminal law, administrative law, tax law, procedural law, international inheritance law. Baden-Baden, Nomos, 2nd edition 2019. ISBN 978-3-8487-4160-1 . Part 1, Civil Law, 15th Consular Act (KonsG) , p. 652 ff.

Web links

Individual evidence

  1. ^ Heiko Meiertöns: The intelligence agency role in kidnappings. GSZ 2018, 219
  2. ^ Jan Eickelberg: Special features of consular authentication and its influence on the cooperation of consular officers with domestic notaries . DNotZ 2018, 332
  3. ^ H. Eberhard Simon: On the practice of teaching GmbH managing directors abroad . ZIP 1995, 1724
  4. Dirk Hanschel : State auxiliary obligations in the case of hostage-taking abroad ZaöRV 2006, pp. 789–817
  5. Text of the Foreign Costs Act
  6. BVerwG, judgment of May 28, 2009 - 7 C 13.08