Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Committee of the Parties of the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, on the amendments to the Committee’s Rules of Procedure, with regard to matters related to judicial cooperation in criminal matters, asylum and non-refoulement
Date: 2025-02-28
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: European convention, gender equality, joint body (EU), judicial cooperation in criminal matters in the EU, removal, right of asylum, rules of procedure, sexual discrimination, violence, women's rights

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   EUROPEAN COMMISSION  Brussels, 28.2.2025  COM(2025) 67 final 2025/0037 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Committee of the Parties of the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence, on the amendments to the Committee’s Rules of Procedure, with regard to matters related to judicial cooperation in criminal matters, asylum and non-refoulement  
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

This proposal concerns the decision establishing the position to be taken on the Union's behalf 
in the Committee of the Parties1 (‘CoP’) of the Council of Europe Convention on Preventing 
and Combating Violence Against Women and Domestic Violence (‘the Istanbul Convention’ 
or ‘the Convention’), in connection with the envisaged adoption of the Proposal of the Chair 
of  the  Committee  of  the  Parties  for  the  amendment  of  the  Rules  of  Procedure  of  the 
Committee  of  the  Parties  of  the  Istanbul  Convention  (IC-CP(2025)1  prov).  The  proposal 
introduces  a  consensus  clause  and  a  review  clause  in  the  rules  on  voting  (Rule  20)  and  an 
amendment of the rule on participants without the right to vote (Rule 2). Amending the Rules 
of  Procedure  became  necessary  following  the  European  Union’s  accession  to  the  Istanbul 
Convention.  

2. 

CONTEXT OF THE PROPOSAL 

2.1. 

The Istanbul Convention 

The Istanbul Convention establishes a comprehensive and harmonised set of rules to prevent 
and  combat  violence  against  women  and  domestic  violence  in  Europe  and  beyond.  The 
Convention entered into force on 1 August 2014.  

The EU signed the Convention in  June 2017, and completed the accession procedure on 28 
June 2023, triggering the entry into force of the Convention for the EU on 1 October 2023. 
The  EU  has  acceded  to  the  Convention  as  regards  matters  falling  within  its  exclusive 
competence,  namely  matters  related  to  institutions  and  public  administration  of  the  Union2 
and matters related to judicial cooperation in criminal matters, asylum and non-refoulement3 
Ireland  and  Denmark  are  not  bound  by  the  Union’s  exercise  of  its  competence  as  regards 
matters related to judicial cooperation in criminal matters, asylum and non-refoulement4. All 
EU Member States have signed the Convention and, as of 5 February 2025, 22 have ratified it 
and thus have the right to vote in the CoP5. There are currently 39 Parties to the Convention, 
including the EU and 22 EU Member States. 

2.2. 

The Committee of the Parties of the Convention 

The  Committee  of  the  Parties  is  the  political  body  of  the  Istanbul  Convention’s  monitoring 
mechanism and is composed of the representatives of the Parties to the Convention. Pursuant 
to  Article 67(2) of the Convention, the CoP is  tasked to  elect  the members of the Group of 
Experts on Action against Violence against Women and Domestic Violence (‘GREVIO’). In 

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Committee of the Parties  - Istanbul Convention Action against violence against women and domestic 
violence  
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. 1–3. 
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. 4–6.  
In accordance with Protocols No 21 and No 22 annexed to the Treaty on European Union and to the 
Treaty on the Functioning of the European Union. 
Status  of  ratifications  on  08.01.2025:  AT  (2013);  BE  (2016);  CY  (2017);  DE  (2017);  DK  (2014);  IE 
(2019); EL (2018); ES (2014); EE (2017) FI (2015); FR (2014); HR (2018); IT (2013); LU (2018); MT 
(2014); NL (2015); PL (2015); PT (2013); RO (2016); SI (2015); SV (2014), LV (2024).   

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accordance  with  Article  68(12)  of  the  Convention,  the  CoP  may  adopt,  on  the  basis  of  the 
reports  and  conclusions  of  GREVIO,  recommendations  addressed  to  the  Parties  on  the 
implementation  of  the  Convention.  It  also  supervises  the  implementation  of  those 
recommendations  once  the  three-year  period  for  implementation  has  ended6.  Moreover,  the 
CoP  examines  the  findings  of  special  inquiries  transmitted  to  it  by  GREVIO  in  accordance 
with  Article  68(15)  of  the  Convention.  The  CoP  also  elects  the  members  of  its  bureau  –  a 
chair and two vice-chairs7.  
Pursuant  to  Article  67(3)  of  the  Convention,  the  CoP  adopted  its  Rules  of  Procedure8  (‘the 
Rules of Procedure’) at its first meeting on 4 May 2015. Rule 20 of the Rules of Procedure on 
voting establishes, in its first paragraph, that “[e]ach member of the Committee shall have one 
vote” and, in its third paragraph, that the quorum required for decisions of the Committee is 
“a  two-thirds  majority  of  the  votes  cast”.  The  same  quorum  is  also  required  to  amend  the 
Rules  of  Procedure  (Rule  25).  To  date,  the  practice  of  the  CoP  has  been  to  adopt 
recommendations and conclusions on the basis of consensus.  

2.3. 

The  envisaged  amendment  of  the  Rules  of  Procedure  of  the  Committee  of  the 
Parties 

On  28  August  2023,  the  Secretariat  of  the  CoP  proposed  amendments  to  the  Rules  of 
Procedure to reflect the impact of the Union’s accession on the functioning of the Committee, 
and, in particular, on the voting provisions. The CoP Secretariat gave Parties the possibility to 
comment. The Union, in accordance with Council Decisions (EU) 2024/1669 and 2024/1680 
adopted  on  22  April  2024,  proposed  a  number  of  alternative  amendments  to  the  Rules  of 
Procedure9. At the 16th meeting of the Committee, on 31 May 2024, the EU and the United 
Kingdom  presented  their  suggestions.  During  the  subsequent  discussions,  several  non-EU 
member states opposed the EU’s proposal. Since it was not possible to reach agreement, the 
Committee decided that its Chair would conduct informal discussions to seek a  compromise 
solution.  Following  the  informal  consultations,  the  Chair  submitted  a  new  proposal  in 
November  2024  (IC-CP(2024)12  prov)  which  was  discussed  during  the  17th  meeting  of  the 
Committee on 17 December 2024. According to the proposal, the current voting rules should 
continue  to  apply  but  be  supplemented  by  a  consensus  clause  and  a  review  clause.  Several 
non-EU member states wanted the EU’s voting rights in Council of Europe conventions to be 
addressed  horizontally  for  all  conventions  to  which  the  EU  is  a  party,  but  could  accept  the 
revised proposal as a temporary solution. No Party raised any concerns with the new proposal, 
apart from some minor drafting suggestions. On 13 February 2025, the CoP Secretariat shared 
the revised Proposal of the Chair of the Committee of the Parties regarding amendments to the 
Rules of Procedure of the Committee of the Parties to the Istanbul Convention (document IC-

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See  the  “Framework  for  supervising  the  implementation  of  the  recommendations  addressed  to  state 
parties”, adopted by the CoP on 13 April 2021, IC-CP/Inf(2021)2. 
The tasks entrusted to the CoP are listed in Rule 1 of the Rules of Procedure. 
Document IC-CP(2015)2, adopted on 4 May 2015, Rules of Procedure.  
Council  Decision  (EU)  2024/1669  of  22  April  2024  on  the  position  to  be  taken  on  behalf  of  the 
European  Union  within  the  Committee  of  the  Parties  of  the  Council  of  Europe  Convention  on 
preventing  and  combating  violence  against  women  and  domestic  violence  on  amendments  to  the 
Committee’s  Rules  of  Procedure,  with  regard  to  matters  related  to  judicial  cooperation  in  criminal 
matters, 
12.6.2024, 
ELI: http://data.europa.eu/eli/dec/2024/1669/oj, and Council Decision (EU) 2024/1680 of 22 April 2024 
on the position to be taken on behalf of the European Union within the Committee of the Parties of the 
Council  of  Europe  Convention  on  preventing  and  combating  violence  against  women  and  domestic 
violence  on  amendments  to  the  Committee’s  Rules  of  Procedure,  with  regard  to  matters  related  to 
institutions 
the  Union,  OJ  L,  2024/1680,  12.6.2024, 
ELI: http://data.europa.eu/eli/dec/2024/1680/oj. 

administration  of 

non-refoulement, 

and  public 

2024/1669, 

asylum 

and 

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CP(2025)1prov)  ('the  envisaged  act').  The  Secretariat  invited  the  Parties  to  approve  the 
proposal  through  a  written  procedure.  It  was  further  communicated  that,  unless  objections 
were  submitted  in  writing  to  the  Secretariat  by  30  April  2025,  the  envisaged  act  would  be 
adopted. 
deemed 

3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

The Chair is proposing to adopt Rule 20 (“Voting”) of the Rules of Procedure anew with the 
following amendments: 

Firstly, in Rule 20(1), a consensus clause is being proposed stating that every effort shall be 
made by the Committee to continue its practice of taking decisions by consensus. Only if that 
is not possible, voting shall take place in accordance with the provisions of this Rule.  

Consequently, paragraphs (1) to (6) of Rule 20 are renumbered as paragraphs (2) to (7). No 
other amendments are proposed to those paragraphs. 

Secondly, in Rule 20(8), a revision clause is being introduced stating that the Committee shall 
examine the application of these rules no later than three years after its adoption, and earlier 
should the need arise, upon initiative by the Chair or at the request of at least three Parties to 
the  Convention.  If  appropriate,  the  rule  should  be  revised  to  address  any  concerns  and 
shortcomings in accordance with the procedure under Rule 25.  

Thirdly, it is proposed that the reference to the European Union should be deleted from the list 
of representatives in Rule 2.2.b of the Rules of Procedure that are allowed to participate in the 
meetings of the CoP without the right to vote or the defrayal of expenses. The rule is obsolete 
since the European Union has become a full member of the CoP. 

It is proposed that the position of the EU should be to not object to the adoption of the revised 
proposal  for  amendment  of  the  Rules  of  Procedure  as  outlined  in  document  IC-
CP(2025)1prov. The proposal would entail that the current voting rules essentially remain in 
effect. Accordingly, the  Union would have one vote in addition to the votes of the Member 
States  that  are  Parties  to  the  Convention.  The  two  additional  elements  provided  in  Rule  20 
should also be accepted: the consensus clause codifies the existing practice in the CoP and the 
review clause spells out the intention to reassess the Rules of Procedure within the next three 
years, without prejudging any specific outcome.       

4. 

LEGAL BASIS 

4.1. 

Procedural legal basis 

4.1.1.  Principles 

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for 
decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by 
an  agreement,  when  that  body  is  called  upon  to  adopt  acts  having  legal  effects,  with  the 
exception of acts supplementing or amending the institutional framework of the agreement.’  

The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the 
rules of international law governing the body in question. It also includes instruments that do 

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not  have  a  binding  effect  under  international  law,  but  that  are  ‘capable  of  decisively 
influencing the content of the legislation adopted by the EU legislature’10. 

4.1.2.  Application to the present case 

The  Committee  of  the  Parties  is  a  body  set  up  by  the  Istanbul  Convention.  The  new 
amendment to the Rules of Procedure which the CoP is called upon to adopt constitute an act 
having legal effects. The envisaged act will be binding under international law in accordance 
with  Article 67(3) of the Convention. The  envisaged act  does not supplement or amend the 
institutional  framework  of  the  Convention.  Therefore,  the  procedural  legal  basis  for  the 
proposed decision is Article 218(9) TFEU. 

4.2. 

Substantive legal basis 

4.2.1.  Principles 

The  substantive  legal  basis  for  a  decision  under  Article  218(9)  TFEU  depends  primarily  on 
the objective and content of the envisaged act in respect of which a position is taken on the 
Union's  behalf.  If the  envisaged act  pursues two  aims or has two components  and if one of 
those  aims  or  components  is  identifiable  as  the  main  one,  whereas  the  other  is  merely 
incidental, the decision under Article 218(9) TFEU must be founded on a single substantive 
legal basis, namely that required by the main or predominant aim or component. 

With regard to an envisaged act that simultaneously pursues a number of objectives, or that 
has  several  components,  which  are  inseparably  linked  without  one  being  incidental  to  the 
other,  the  substantive  legal  basis  of  a  decision  under  Article  218(9)  TFEU  will  have  to 
include, exceptionally, the various corresponding legal bases. 

4.2.2.  Application to the present case 

The  main  objective  of  the  envisaged  act  is  to  amend  the  Rules  of  Procedure  following  the 
Union’s accession to the Istanbul Convention. As regards the substantive legal basis, the EU 
has  acceded  to  the  Istanbul  Convention  as  regards  matters  falling  within  its  exclusive 
competence,  namely  matters  related  to  institutions  and  public  administration  of  the  Union11 
and matters related to judicial cooperation in criminal matters, asylum and non-refoulement12. 
The EU accession to the Istanbul Convention was split into two separate Council Decisions to 
take into account the special position of Denmark and Ireland with respect to Title V of the 
TFEU. Consequently, the decision establishing the position to be taken on the Union's behalf 
in the CoP in relation to the envisaged act is to be split into two parallel decisions. The legal 
basis  for  the  present  decision  concerns  matters  related  to  judicial  cooperation  in  criminal 
matters, asylum and non-refoulement. Therefore, the substantive legal basis of the proposed 
decision comprises the following provisions: Article 82(2), Article 84 and Article 78(2). 

4.3. 

Conclusion 

The legal basis of the proposed decision should be Article 82(2), Article 84 and Article 78(2), 
in conjunction with Article 218(9) TFEU. 

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the  Court  of  Justice  of  7  October  2014,  Germany  v  Council,  C-399/12, 

Judgment  of 
ECLI:EU:C:2014:2258, paragraphs 61 to 64.  
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. 1–3.   
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. 4–6 

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2025/0037 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union in the Committee of the 
Parties of the Council of Europe Convention on Preventing and Combating Violence 
Against Women and Domestic Violence, on the amendments to the Committee’s Rules of 
Procedure, 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 82(2), Article 84 and Article 78(2), in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

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The  Council  of  Europe  Convention  on  preventing  and  combating  violence  against 
women  and  domestic  violence  (‘the  Convention’)  was  concluded  by  the  Union  by 
means  of  Council  Decision  (EU)  2023/107513,  with  regard  to  institutions  and  public 
administration  of  the  Union,  and  by  means  of  Council  Decision  (EU)  2023/107614, 
with regard to matters related to judicial cooperation in criminal matters, asylum and 
non-refoulement,  and  entered  into  force  for  the  Union  on  1  October  2023.  To  date, 
there are 39 Parties to the Convention, including the Union and 22 Member States. 

The  Committee  of  the  Parties  (‘the  Committee’)  is  a  body  of  the  monitoring 
mechanism  of  the  Convention.  Pursuant  to  Article  67(3)  of  the  Convention,  the 
Committee  has  adopted  its  own  rules  of  procedure  (‘the  Rules  of  Procedure’).  The 
Rules  of  Procedure  provide  that  each  Party  to  the  Convention  has  one  vote.  The 
accession of the Union to the Convention requires certain adjustments to the Rules of 
Procedure, in particular as regards voting rights. 

In August 2023, the Secretariat of the Committee proposed certain amendments to the 
Rules of Procedure to reflect the impact of the Union’s accession on the functioning of 
the Committee. It asked the Parties to the Convention to submit drafting suggestions. 
The  Union  established  its  position  on  the  proposed  amendments  on  22  April  202415 

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, ELI: http://data.europa.eu/eli/dec/2023/1075/oj). 
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, ELI: http://data.europa. eu/eli/dec/2023/1076/oj). 
Council  Decision  (EU)  2024/1669  of  22  April  2024  on  the  position  to  be  taken  on  behalf  of  the 
European  Union  within  the  Committee  of  the  Parties  of  the  Council  of  Europe  Convention  on 
preventing  and  combating  violence  against  women  and  domestic  violence  on  amendments  to  the 
Committee’s  Rules  of  Procedure,  with  regard  to  matters  related  to  judicial  cooperation  in  criminal 
12.6.2024, 
matters, 

non-refoulement 

2024/1669, 

asylum 

(OJ 

and 

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and  proposed  alternative  amendments  to  the  Rules  of  Procedure.  During  the  16th 
meeting of the Committee on 31 May 2024, it was not possible to reach an agreement 
on the proposed amendments and the Committee decided that its Chair would conduct 
informal consultations to seek a solution agreeable to all members of the Committee. 

Following  the  informal  consultations,  the  Chair  submitted  a  revised  proposal  in 
November 2024 (IC-CP(2024)12 prov). According to that proposal, the current voting 
rules should continue to apply but be supplemented by a consensus clause (stating that 
every  effort  shall  be  made  by  the  Committee  to  continue  its  practice  of  taking 
decisions by consensus) and a review clause (stating that the Committee shall examine 
the application of the rules within three years after adoption of the amendments).  

On 13 February 2025, the Secretariat of the Committee shared the revised Proposal of 
the Chair of the Committee of the Parties for the amendment of the Rules of Procedure 
of  the  Committee  of  the  Parties  to  the  Istanbul  Convention  (document  IC-
CP(2025)1prov) ('the envisaged act'). The Secretariat invited the Parties to approve the 
proposal  through  a  written  procedure.  It  was  further  communicated  that,  unless 
objections were submitted in writing to the Secretariat by 30 April 2025, the envisaged 
act would be deemed adopted. 

It  is  appropriate  to  establish  the  position  to  be  taken  on  the  Union’s  behalf,  as  the 
amendments to the Rules of Procedure will be legally binding on the Union. 

The adoption of the revised proposal for amendment of the Rules of Procedure would 
result in the current voting rules essentially remaining in effect with the Union having 
one  vote  in  addition  to  the  votes  of  the  Member  States  which  are  Parties  to  the 
Convention.  The  addition  of  the  consensus  clause  and  the  review  clause  should  be 
acceptable  to  the  Union.  The  consensus  clause  codifies  the  existing  practice  in  the 
Committee  and  the  review  clause  spells  out  the  intention  to  reassess  the  Rules  of 
Procedure  no  later  than  three  years  after  the  adoption  of  the  amendments,  without 
prejudging any specific outcome. 

As regards the Rule of Procedure listing the participants which are not members of the 
Committee of the Parties, the reference to the European Union should be deleted since 
it has become obsolete. 

The Union’s position should therefore be to not object to the adoption of the proposal 
for  amendments  to  the  Rules  of  Procedure  as  outlined  in  document  IC-CP(2025)1 
prov. 

Ireland is not bound by Council Decision (EU) 2023/1076 and is therefore not taking 
part in the adoption of this Decision. 

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,  

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

(11) 

ELI: http://data.europa.eu/eli/dec/2024/1669/oj),  and  Council  Decision  (EU)  2024/1680  of  22  April 
2024 on the position to be taken on behalf of the European Union within the Committee of the Parties 
of  the  Council  of  Europe  Convention  on  preventing  and  combating  violence  against  women  and 
domestic  violence  on  amendments  to  the  Committee’s  Rules  of  Procedure,  with  regard  to  matters 
related  to  institutions  and  public  administration  of  the  Union  (OJ  L,  2024/1680,  12.6.2024, 
ELI: http://data.europa.eu/eli/dec/2024/1680/oj). 

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HAS ADOPTED THIS DECISION: 

Article 1 

The  position  to  be  taken  on  the  Union’s  behalf  within  the  Committee  of  the  Parties, 
established under Article 67 of the Convention,  shall be to not object to the adoption of the 
revised Proposal of the Chair of the Committee of the Parties for the amendment of the Rules 
of  Procedure  of  the  Committee  of  the  Parties  of  the  Istanbul  Convention  [IC-CP(2025)1 
prov]. 

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

Done at Brussels, 

Article 2 

For the Council 
The President 

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