Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union within the Committee of Ministers of the Council of Europe on the extension of the term for accession of Tunisia to 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
Date: 2025-03-31
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: European convention, Tunisia, accession to an agreement, gender equality, judicial cooperation in criminal matters in the EU, removal, rights of aliens, sexual discrimination, violence, women's rights

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   EUROPEAN COMMISSION  Brussels, 31.3.2025  COM(2025) 152 final 2025/0078 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union within the Committee of Ministers of the Council of Europe on the extension of the term for accession of Tunisia to 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  
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

This proposal concerns the decision establishing the position to be taken on the Union's behalf 
at the meeting of the Committee of Ministers of the Council of Europe on 23 April 2025, in 
connection  with  the  envisaged  adoption  of  a  decision  granting  Tunisia  an  extension  of  the 
term  for  accession  to  the  Council  of  Europe  Convention  on  Preventing  and  Combating 
Violence  Against  Women  and  Domestic  Violence  (‘Istanbul  Convention’  or  ‘Convention), 
until 23 April 2027  

1.1. 

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  Union1 
and matters related to judicial cooperation in criminal matters, asylum and non-refoulement2. 
As  regards  the  latter,  Ireland  and  Denmark  are  not  bound  by  the  exercise  of  the  Union’s 
competence3. There are currently 39 Parties to the Convention, including the EU and 22 EU 
Member States4. 

1.2. 

The Committee of Ministers of the Council of Europe 

The Committee of Ministers (CM) is the Council of Europe’s  (CoE) decision-making body. 
The CM is composed of the Ministers for Foreign Affairs of the 46 Member States of the CoE 
with their Permanent Representatives in Strasburg acting as Deputies. The role and functions 
of the CM are described in Chapter IV of the Statute of the CoE (‘the Statute’)5. Pursuant to 
Article 14 of the Statute, each member of the CoE shall be entitled to one representative on 
the  CM,  and  each  representative  shall  be  entitled  to  one  vote.  All  EU  Member  States  are 
members of the CoE and thus represented in the CM. The CM meets at ministerial level once 
a year and at Deputies' level weekly. 

1 

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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  25.03.2025:  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).   
Statute of the Council of Europe (ETS No. 001), Full list - Treaty Office. 

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1.3. 

The envisaged decision of the Committee of Ministers of the Council of Europe 

Article 75(1) of the Istanbul Convention provides that the Convention is  open for accession 
by CoE Member States, the non-CoE Member States which participated in its elaboration and 
the EU. Article 76(1) further provides that the Convention is open for accession also by non-
member  States  which  did  not  participate  in  its  elaboration,  provided  that  they  have  been 
formally  invited  to  accede  by  the  CM.  In  this  regard  the  CM  may,  after  consultation  of  the 
Parties to the Istanbul Convention and obtaining their unanimous consent, invite any non-CoE 
Member State to accede to the Convention by a decision taken by the majority provided for in 
Article  20.d  of  the  Statute  (two-thirds  majority  of  the  CM)  and  by  unanimous  vote  of  the 
representatives of the Parties to the Convention entitled to sit on the Committee of Ministers6.  

On 22 April 2020, the CM decided to invite Tunisia to accede to the Istanbul Convention. In 
accordance with the decision, this invitation is valid for five years from its adoption, i.e., until 
23 April 2025. 

By a letter dated 20 February 2025, Tunisia requested an extension of its term for accession to 
the  Convention  until  23  April  2027,  to  be  able  to  complete  its  internal  processes.  Member 
States  of  the  CoE  and  Parties  to  the  Istanbul  Convention  were  informed  by  a  letter  dated  3 
March  2025  of  the  request  and  that  it  requires  a  new  decision  by  the  CM.  The  CM’s 
Rapporteur  Group  on  Legal  Co-operation  (GR-J)  is  expected  to  examine  the  request  at  its 
meeting on 17 April 2025, whereafter the CM is  expected to adopt a decision to extend the 
term  for  accession  of  Tunisia  to  the  Istanbul  Convention  until  23  April  2027,  as  requested 
(‘the envisaged decision’). 

2. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

It  is  proposed  that  the  position  to  be  taken  on  behalf  of  the  EU  at  the  meeting  of  the 
Committee of Ministers  on 23 April 2025,  shall  be to  support the  extension  of  the term for 
accession  of  Tunisia  to  the  Istanbul  Convention  until  23  April  2027  to  give  Tunisia  the 
necessary  time  to  complete  its  internal  processes.  The  accession  of  Tunisia  would  be 
beneficial  for  the  Union  since  it  would  extend  the  Convention’s  ambitious  standards  to 
combat violence against women and domestic violence to that country. 

3. 

LEGAL BASIS 

3.1. 

Procedural legal basis 

3.1.1.  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.’ 

Article 218(9) TFEU applies regardless of whether the Union is a member of the body or a 
party to the agreement7. 

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For further information on the procedure for the accession by States which are not member States of the 
Council of Europe and which have not participated in the elaboration of the Convention see: CETS 210 
-  Council  of  Europe  Convention  on  preventing  and  combating  violence  against  women and  domestic 
violence - Modalities for accession. 
Judgment  of 
ECLI:EU:C:2014:2258, paragraph 64.  

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

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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.  The  notion  of  ‘acts  having  legal 
effects’  further  includes  acts  of  an  organisational  nature  that  influence  the  way  in  which 
decisions  are  made  within  the  body,  for  instance  if  a  body  with  decision-making  powers 
accepts a new country as a member. 

3.1.2.  Application to the present case 

The CM is a body set up by an agreement, namely the Statute. The decision to extend the term 
for accession of Tunisia to  the  Istanbul  Convention,  which the  CM is  called upon to  adopt, 
constitutes  an  act  having  legal  effects.  The  extension  of  the  deadline  to  accede  to  the 
Convention  amounts  to  a  “renewal”  of  the  invitation  until  23  April  2027,  which  would 
otherwise expire on 23 April 2025. If the deadline is extended, and if Tunisia accedes to the 
Convention  within  the  timeframe,  treaty  relations  will  be  established  between  the  EU  and 
Tunisia in the framework of the Istanbul Convention. The decision taken by the CM may also 
have legal effects on the Union because Tunisia’s accession would influence the way in which 
decisions  are  made  within  the  Committee  of  the  Parties  of  the  Istanbul  Convention.  The 
envisaged  act  does  not  supplement  or  amend  the  institutional  framework  of  the  Agreement. 
Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU. 

3.2. 

Substantive legal basis 

3.2.1.  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. 

3.2.2.  Application to the present case 

As  regards  the  substantive  legal  basis,  the  EU  has  acceded  to  the  Istanbul  Convention  as 
regards matters falling within its exclusive competence, namely with regard to matters related 
to  institutions  and  public  administration  of  the  Union8  and  with  regard  to  matters  related  to 
judicial cooperation in criminal matters, asylum and non-refoulement9. The EU’s 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, 
also the decision establishing the position to be taken on the Union’s behalf in the CM is to be 
split into two parallel decisions, as the Treaty relationship with Tunisia would be established 

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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). 

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for  all  aspects  of  the  Convention.  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 78(2), Article 82(2) and Article 84 TFEU. 

3.3. 

Conclusion 

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

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2025/0078 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union within the Committee of 
Ministers of the Council of Europe on the extension of the term for accession of Tunisia 
to 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 

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) 

(2) 

The  Council  of  Europe  Convention  on  preventing  and  combating  violence  against 
women  and  domestic  violence  (‘the  Istanbul  Convention’  or  ‘the  Convention’)  was 
concluded  by  the  Union  by  Council  Decision  (EU)  2023/107510  with  regard  to 
institutions  and  public  administration  of  the  Union,  and  by  Council  Decision  (EU) 
2023/107611 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. 
There are currently 39 Parties to the Convention, including the EU and 22 EU Member 
States. 

The Committee of Ministers of the Council of Europe (‘the Committee of Ministers’) 
is the Council of Europe’s decision-making body. It is composed of the Ministers for 
Foreign Affairs of the 46 Member States of the Council of Europe and their Permanent 
Representatives  in  Strasburg  acting  as  Deputies.  The role  and  functions  of  the 
Committee  of  Ministers  are  described  in  Chapter  IV  of  the Statute of  the  Council  of 
Europe12. Pursuant to Article 14 of the Statute, each member of the Council of Europe 
shall  be  entitled  to  one  representative  on  the  Committee  of  Ministers,  and  each 
representative shall be entitled to one vote. All EU Member States are members of the 
Council of Europe and thus represented in the Committee of Ministers.  

(3) 

Pursuant  to  Article  76(1)  of  the  Istanbul  Convention,  the  Committee  of  Ministers  of 
the Council of Europe may, after consultation of the Parties to the Istanbul Convention 
and obtaining their unanimous consent, invite a non-Council of Europe Member State 

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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). 
Statute of the Council of Europe (ETS No. 001), Full list - Treaty Office.   

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to accede to the Istanbul Convention. Such decision requires the majority provided for 
in Article 20.d of the Statute (two-thirds majority of the Committee of Ministers) and 
the unanimous vote of the representatives of the Parties to the Convention entitled to 
sit on the Committee of Ministers. 

On 22 April 2020, the Committee of Ministers decided to invite Tunisia to accede to 
the Istanbul Convention. In conformity with the decision, the invitation was valid five 
years as from its adoption, i.e., until 23 April 2025. 

By  a  letter  dated  20  February  2025,  Tunisia  requested  an  extension  of  the  term  for 
accession  of  Tunisia  to  the  Istanbul  Convention  until  23  April  2027,  to  be  able  to 
complete its internal processes.  

The Committee of Ministers, at its meeting on 23 April 2025, is expected to adopt a 
decision  on  the  extension  of  the  term  for  accession  of  Tunisia  to  the  Istanbul 
Convention until 23 April 2027. 

It is appropriate to establish the position to be taken on the Union's behalf within the 
Committee of Ministers, as the  extension  of the  term  for  accession of Tunisia to  the 
Istanbul  Convention  may  have  legal  effects  on  the  Union.  The  extension  renews  the 
invitation  to  Tunisia  to  accede  and  therefore  may  imply  the  establishment  of  treaty 
relations between the Union and Tunisia in the framework of the Istanbul Convention. 
The  decision  may  also  influence  the  way  in  which  decisions  are  made  within  the 
Committee of the Parties of the Istanbul Convention.  

The accession of Tunisia would be beneficial for the Union since it would extend the 
Convention’s  ambitious  standards  to  that  country.  The  Union’s  position  should 
therefore be to grant Tunisia two more years to complete its internal procedures. 

As the Union is not a member of the Council of Europe but all Member States are, the 
Union's position is to be expressed by the Member States of the Union, acting jointly. 

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) 

HAS ADOPTED THIS DECISION: 

Article 1 

The position to be taken on the Union's behalf at the meeting of the Committee of Ministers 
of the Council of Europe on 23 April 2025, shall be to support the extension of the term for 
accession of Tunisia to the Istanbul Convention until 23 April 2027. 

The  position  referred  to  in  Article  1  shall  be  expressed  by  the  Member  States  of  the  Union 
that are members of the Committee of Ministers of the Council of Europe, acting jointly. 

Article 2 

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

Done at Brussels, 

Article 3 

For the Council 
The President 

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