Council Decision (EU) 2024/1668 of 30 May 2024 on the position to be taken on behalf of the European Union at the 16th meeting of the Committee of the Parties to the Council of Europe Convention on preventing and combating violence against women and domestic violence on the adoption of a recommendation and conclusions addressed to five State Parties on their implementation of that Convention, with regard to matters related to judicial cooperation in criminal matters, asylum and non-refoulement
Date: 2024-05-30
Institutions: Council of the European Union
Subjects: Andorra, Belgium, European convention, Liechtenstein, Malta, Spain, gender equality, judicial cooperation in criminal matters in the EU, removal, rights of aliens, women's rights








L_202401668EN.000101.fmx.xml












Official Journal of the European Union


EN
L series













2024/1668


12.6.2024







            COUNCIL DECISION (EU) 2024/1668
         
of 30 May 2024
         
on the position to be taken on behalf of the European Union at the 16th meeting of the Committee of the Parties to the Council of Europe Convention on preventing and combating violence against women and domestic violence on the adoption of a recommendation and conclusions addressed to five State Parties on their implementation of that Convention, with regard to matters related to judicial cooperation in criminal matters, asylum and non-refoulement


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(2), Article 82(2) and Article 84, in conjunction with Article 218(9) thereof,


Having regard to the proposal from the European Commission,

Whereas:







(1)


The Council of Europe Convention on preventing and combating violence against women and domestic violence (‘the Convention’) was concluded by the Union by Council Decision (EU) 2023/1075 (1) with regard to institutions and public administration of the Union, and by Council Decision (EU) 2023/1076 (2) with regard to matters related to judicial cooperation in criminal matters, asylum and non-refoulement, insofar as they fall within the exclusive competence of the Union, and entered into force for the Union on 1 October 2023.












(2)


In accordance with Article 66(1) of the Convention, the Group of experts on action against violence against women and domestic violence (‘GREVIO’) has been tasked with monitoring the implementation of the Convention by its Parties. Pursuant to Article 68(11) of the Convention, GREVIO is to adopt its report and conclusions concerning the measures taken by the Party concerned to implement the provisions of the Convention.












(3)


The Committee of the Parties to the Convention may adopt recommendations addressed to the Party concerned, in accordance with Article 68(12) of the Convention. The recommendations are based on the GREVIO report and differentiate between those measures which the Committee of the Parties considers the Party should take as soon as possible, with a requirement to report back to it on steps taken in that regard within a 3-year period, and those which, while important, the Committee of the Parties considers could be left at a secondary level of immediacy. At the end of the 3-year period, the Party must report back to the Committee of the Parties on the measures taken, within 10 specific areas of the Convention. On the basis of that information, and any additional information obtained from non-governmental organisations, civil-society and national institutions for the protection of human rights, the Committee of the Parties is to adopt conclusions on the implementation of the recommendations, prepared by the Secretariat of the Committee.












(4)


The Committee of the Parties, during its 16th meeting on 31 May 2024, is expected to adopt the following draft recommendation and four draft conclusions, concerning the implementation of the Convention by five State Parties’ (the ‘draft recommendation and conclusions’):






—


Recommendation on the implementation of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence by Liechtenstein [IC-CP(2024)1-prov];










—


Conclusions on the implementation of recommendations in respect of Andorra adopted by the Committee of the Parties [IC-CP(2024)2-prov];










—


Conclusions on the implementation of recommendations in respect of Belgium adopted by the Committee of the Parties [IC-CP(2024)3-prov];










—


Conclusions on the implementation of recommendations in respect of Malta adopted by the Committee of the Parties [IC-CP(2024)4-prov]; and










—


Conclusions on the implementation of recommendations in respect of Spain adopted by the Committee of the Parties [IC-CP(2024)5-prov].
















(5)


The draft recommendation and conclusions concern the implementation of provisions of the Convention which relate to judicial cooperation in criminal matters, such as matters relating to the protection and support of victims of violence against women and domestic violence, as well as of provisions of the Convention relating to asylum and non-refoulement. It is therefore appropriate to establish the position to be taken on the behalf of the Union in the Committee of the Parties with regard to matters related to judicial cooperation in criminal matters, asylum and non-refoulement, insofar as they fall within the exclusive competence of the Union, in particular Directive (EU) 2024/1385 of the European Parliament and of the Council (3), Directive 2012/29/EU of the European Parliament and of the Council (4), Regulation (EU) 2024/1348 of the European Parliament and of the Council (5) and Directive 2013/33/EU of the European Parliament and of the Council (6), and since the envisaged acts are capable of decisively influencing the content of Union law in that they may affect the interpretation of relevant provisions of the Convention in the future.












(6)


As regards Liechtenstein, the draft recommendation on its implementation of the Convention includes the need to adopt and align relevant definitions with the Convention (Article 3 of the Convention), to strive for gender equality, including by taking measures in that regard, and to address the rights and needs of groups exposed to or at risk of intersectional discrimination (Article 4 of the Convention), to develop a comprehensive strategy or action plan for preventing and combating all forms of violence covered by the Convention (Article 7 of the Convention), to ensure funding for relevant civil society organisations (Article 8 of the Convention), to allocate human and financial resources to coordinating bodies (Article 10 of the Convention), to harmonise data-collection systems and to regularly conduct population-based surveys on all forms of violence covered by the Convention (Article 11 of the Convention), to ensure a free, dedicated state-wide telephone helpline (Article 24 of the Convention) and to make use of police barring orders to ensure victim protection (Article 52 of the Convention). As the recommendations on those matters are in line with the Union’s policies and objectives in the area of judicial cooperation in criminal matters and do not raise any concerns with respect to Union law, the position of the Union should be to not object to the adoption of the recommendation addressed to Liechtenstein.












(7)


As regards Andorra, the draft conclusions on its implementation of the Convention include the need to ensure that relevant stakeholders receive sufficient human and financial resources (Articles 8 and 25 of the Convention), to ensure a coordinated and cross-cutting approach to preventing and combating violence against women (Article 7 of the Convention), to ensure data collection on violence against women (Article 11 of the Convention), to ensure that victims have access to emergency barring orders in line with the Convention (Article 52 of the Convention) and to comply with the requirements of the Convention regarding the residence status of victims of violence against women (Article 59 of the Convention). As the conclusions on those matters are in line with the Union’s policies and objectives in the areas of judicial cooperation in criminal matters, asylum and non-refoulement, and do not raise any concerns with respect to Union law, the position of the Union should be to not object to the adoption of the conclusions addressed to Andorra.












(8)


As regards Belgium, the draft conclusions on its implementation of the Convention include the need to ensure data collection on violence against women (Article 11 of the Convention), the need to ensure that specialist support services receive funding in a manner that ensures their continued services (Articles 8 and 25 of the Convention) and the need to ensure that issues pertaining to violence against women are taken into account by relevant competent authorities deciding on custody and visitation rights (Article 31 of the Convention). As the conclusions on those matters are in line with the Union’s policies and objectives in the area of judicial cooperation in criminal matters and do not raise any concerns with respect to Union law, the position of the Union should be to not object to the adoption of the conclusions addressed to Belgium.












(9)


As regards Malta, the draft conclusions on its implementation of the Convention include the need to strengthen cooperation with non-governmental actors, including those providing specialist support services, and to ensure their effective participation in the design of relevant policies (Article 7 of the Convention), to ensure the comprehensive collection of data in relation to all forms of violence covered by the Convention (Article 11 of the Convention), to take a number of measures in the area of custody and visitation rights to ensure the safety of victims and their children (Article 31 of the Convention) and to ensure that the legislation is in line with the Convention as regards emergency barring orders and protection orders (Articles 52 and 53 of the Convention). As the conclusions on those matters are in line with the Union’s policies and objectives in the area of judicial cooperation in criminal matters and do not raise any concerns with respect to Union law, the position of the Union should be to not object to the adoption of the conclusions addressed to Malta.












(10)


As regards Spain, the draft conclusions on its implementation of the Convention include the need to harmonise the level of support and protection of women victims throughout the country (Articles 7, 10 and 25 of the Convention), to address the protection needs of women exposed to intersecting forms of discrimination (Article 4 of the Convention), to support women’s rights non-governmental organisations, including financially (Article 9 of the Convention) and to ensure the swift access of asylum-seeking women to the asylum procedure and to safe accommodation and to ensure detection of asylum seeking women in need of protection (Articles 60 and 61 of the Convention). As the conclusions on those matters are in line with the Union’s policies and objectives in the areas of judicial cooperation in criminal matters, asylum and non-refoulement, and do not raise any concerns with respect to Union law, the position of the Union should be to not object to the adoption of the conclusion addressed to Spain.












(11)


In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Decision and is not bound by it or subject to its application.












(12)


In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,





HAS ADOPTED THIS DECISION:



Article 1
The position to be taken on behalf of the Union at the 16th meeting of the Committee of the Parties, established under Article 67 of the Convention, shall be to not object to the adoption of the following acts:






(1)


Recommendation on the implementation of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence by Liechtenstein [IC-CP(2024)1-prov];










(2)


Conclusions on the implementation of recommendations in respect of Andorra adopted by the Committee of the Parties [IC-CP(2024)2-prov];










(3)


Conclusions on the implementation of recommendations in respect of Belgium adopted by the Committee of the Parties [IC-CP(2024)3-prov];










(4)


Conclusions on the implementation of recommendations in respect of Malta adopted by the Committee of the Parties [IC-CP(2024)4-prov]; and










(5)


Conclusions on the implementation of recommendations in respect of Spain adopted by the Committee of the Parties [IC-CP(2024)5-prov].






Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 30 May 2024.


For the Council


The President

H. LAHBIB
            





(1)  Council Decision (EU) 2023/1075 of 1 June 2023 on the conclusion, on behalf of the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence with regard to institutions and public administration of the Union (OJ L 143 I, 2.6.2023, p. 1).

(2)  Council Decision (EU) 2023/1076 of 1 June 2023 on the conclusion, on behalf of the European Union, of the Council of Europe Convention on preventing and combating violence against women and domestic violence with regard to matters related to judicial cooperation in criminal matters, asylum and non-refoulement (OJ L 143 I, 2.6.2023 p. 4).

(3)  Directive (EU) 2024/1385 of the European Parliament and of the Council of 14 May 2024 on combating violence against women and domestic violence (OJ L, 2024/1385, 24.5.2024, ELI: http://data.europa.eu/eli/dir/2024/1385/oj).

(4)  Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).

(5)  Regulation (EU) 2024/1348 of the European Parliament and of the Council of 14 May 2024 establishing a common procedure for international protection in the Union and repealing Directive 2013/32/EU (OJ L, 2024/1348, 22.5.2024, ELI: http://data.europa.eu/eli/reg/2024/1348/oj).

(6)  Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (OJ L 180, 29.6.2013, p. 96).


ELI: http://data.europa.eu/eli/dec/2024/1668/oj
ISSN 1977-0677 (electronic edition)