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 participation of non-governmental organisations as observers in meetings of the Committee, with regard to matters related to judicial cooperation in criminal matters, asylum and non-refoulement
Date: 2026-02-23
Institutions: Directorate-General for Justice and Consumers, European Commission
Subjects: European convention, gender equality, help for victims, joint body (EU), judicial cooperation in criminal matters in the EU, non-governmental organisation, observer, removal, right of asylum, violence, women's rights

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   EUROPEAN COMMISSION  Brussels, 23.2.2026  COM(2026) 103 final 2026/0063 (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 participation of non-governmental organisations as observers in meetings of the Committee, 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  draft  Decision  on 
participation  of  non-governmental  organisations  (NGOs)  as  observers  in  meetings  of  the 
Committee  of  the  Parties  of  the  Istanbul  Convention  (IC-CP(2026)1  prov).  The  Rules  of 
Procedure of the CoP allow for the Committee to authorise representatives of civil society, in 
particular NGOs active in combating violence against women and domestic violence, to send 
representatives  as  observers  to  its  meetings  on  an  ad  hoc  basis  (Rule  2(3)(c)).  The  draft 
decision establishes a process for applying these rules in practice by defining a procedure for 
the admission of NGOs to its meetings and specifying the criteria  for assessing applications 
for admission. 

2.  CONTEXT OF THE PROPOSAL 

2.1.  The Istanbul Convention 

The Istanbul Convention lays down 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 with the deposit of two instruments of approval 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 with regard to matters related to institutions and public administration of 
the  Union2  and  with  regard  to  matters  related  to  judicial  cooperation  in  criminal  matters, 
asylum  and  non-refoulement3.  All  EU  Member  States  have  signed  the  Convention  and  22 
have ratified it4. 

2.2.  The Committee of the Parties 

The  CoP5  is  composed  of  the  representatives  of  the  Parties  to  the  Convention.  Parties  must 
endeavour  to  nominate,  as  their  representatives,  experts  of  the  highest  possible  rank  in  the 
field of preventing and combating violence against women and domestic violence6. The tasks 
entrusted to the CoP are listed in Rule 1 of its Rules of Procedure. On 1 October 2023 the EU 

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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, 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). 
Status of ratifications on 28 January 2026: 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 (2023). 
Committee of the Parties  - Istanbul Convention Action against violence against women and domestic 
violence (coe.int)  
Rule 2.1.b of the Rules of Procedures of the Committee of the Parties.   Document 
adopted on 4 May 2015.  

IC-CP(2015)2, 

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became a Party to the Convention, and, as such, a member of the CoP (Article 67(1) of  the 
Convention). 
Pursuant  to  Article  67(3)  of  the  Convention,  the  CoP  adopted  its  Rules of  Procedure7  at  its 
first  meeting  on  4  May  2015.  Rule  2(3)(c)  of  the  Rules  of  Procedure  establishes,  that  “the 
Committee  may  authorise  representatives  of  civil  society,  in  particular  non-governmental 
organisations  active  in  combating  violence  against  women  and  domestic  violence,  to  send 
representatives as observers to its meetings on an ad hoc basis”.  

2.3.  The  envisaged  decision  on  participation  of  NGOs  as  observers  in 

meetings of the CoP 

Following  an  NGO’s  request  to  participate  as  an  observer  at  a  CoP  meeting,  a  preliminary 
discussion regarding the Committee’s approach to such requests was held at the 18th meeting 
of the CoP on 5 and 6 June 2025, on the basis of document IC-CP(2025)12. Based on these 
discussions, the CoP Secretariat shared document IC-CP(2025)31 in October 2025, outlining 
a possible procedure for admitting  NGOs to  its meetings and  proposing  a list  of criteria  for 
assessing  applications,  to  serve  as  a  basis  for  discussions  at  the  next  CoP  meeting.  Initial 
discussions  and  written  comments  from  delegations,  led  to  an  agreement  at  the  Council 
Working  Party  on  Fundamental  Rights,  Citizens’  Rights  and  Free  Movement  of  Persons 
(FREMP)  on  26  November  2025,  on  a  number  of  points  to  be  taken  forward  by  the 
Commission  on  behalf  of  the  EU  during  the  discussions  at  the  next  CoP  meeting.  These 
included  suggestions  on  the  criteria  to  be  used  when  admitting  NGOs  as  observers,  the 
necessity  for  a  clear  and  simple  authorisation  procedure  (including  a  written  procedure  as 
outlined in  IC-CP(2025)12, p. 6) and that the participation  of observers should  be on an  ad 
hoc basis and limited to the thematic discussions of the CoP, thus clearly separated from the 
discussions  on  and  adoption  of  recommendations  and  conclusions  addressed  to  the  Parties 
concerning  their  implementation  of  the  Convention.  COREPER  subsequently  endorsed  this 
approach on 28 November 2025 (WK 15858/25).  

During  the  19th  meeting  of  the  CoP  on  11  December  2025,  the  Commission  expressed  the 
agreed line to take. It was decided at the meeting that the CoP Secretariat should incorporate 
these points into a draft decision to be adopted by written procedure.  

On 27 January 2026, the CoP Secretariat shared the draft Decision on participation of NGOs 
as  observers  in  meetings  of  the  Committee  of  the  Parties  of  the  Istanbul  Convention  (IC-
CP(2026)1  prov)  ('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  26 March 2026, the  envisaged act  would be 
deemed adopted.  

3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

The  Rules  of  Procedure  of  the  CoP  allow  for  the  Committee  to  authorise  representatives  of 
civil  society, in  particular NGOs active in  combating violence against women and domestic 
violence,  to  send  representatives  as  observers  to  its  meetings  on  an  ad  hoc  basis  (Rule 
2(3)(c)).  The  envisaged  act  establishes  a  process  for  applying  these  rules  in  practice  by 
defining a procedure for the admission of NGOs to its meetings, together with the criteria for 
assessing applications for admission. 

Firstly, as regards the procedure for the admission of NGOs to CoP meetings, it is proposed 
that the decision to admit a specific NGO to participate as an ad hoc observer shall be decided 

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Document IC-CP(2015)2, adopted on 4 May 2015, Rules of Procedure.  

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upon  by  all  members  of  the  CоP.  To  this  end,  upon  receipt  of  a  request  from  an  NGO  and 
prior  to  the  relevant  meeting,  the  CoP  Secretariat  shall  organise  a  silent,  written  procedure, 
requesting approval from all CoP members. If no objection is raised during this procedure, the 
Secretariat  shall  notify  the  NGO  that  their  participation  as  an  ad  hoc  observer  has  been 
granted.  If an objection is  raised, the decision for admission  should be taken at  the relevant 
CoP  meeting,  in  line  with  the  Rules  of  Procedure.  Potential  objections  should  be  well-
reasoned, linked to the admission criteria and raised within a certain time limit.  If possible, 
the relevant NGO will then be notified about the decision for admission immediately, and, in 
case of a positive decision, be invited to  participate at  the  relevant  agenda item  at  that CoP 
meeting.  

Secondly, as regards participation, it is proposed that admission to participate be limited to the 
Committee’s  thematic  debates  and  take  place  in  person.  The  scope  of  the  approval  shall  be 
outlined in the decision granting the ad hoc observer status and the term “ad hoc” (as used in 
Rule  2(3)(c)  of  the  Committee’s  Rules  of  Procedure)  may  mean  that  admission  may  be 
granted to cover more than one meeting if the thematic debate admission was granted for is 
spread over several meetings. 

Thirdly, as regards the criteria for assessing applications for admission, the following criteria 
are  proposed:  a)  the  timely  submission  of  a  duly  reasoned  request  from  the  organisation 
seeking  ad  hoc  admission  (at  least  four  weeks  prior  to  the  meeting),  b)  the  organisation’s 
adherence to the values of the Council of Europe, c) the organisation’s activity in the field of 
violence  against  women  and  domestic  violence,  and  the  relevance  of  its  work  to  the 
monitoring  activity  carried  out  by  the  CoP;  and  d)  the  organisation’s  registration  in,  or 
conduct of activities within, Council of Europe Member States or countries that have been or 
have expressed an interest in becoming a party to the Istanbul Convention. 

It is proposed that the position of the EU should be to not object to the adoption of the draft 
decision on participation of NGOs as observers in CoP meetings, as outlined in document IC-
CP(2026)1 prov. The draft decision reflects the points raised by the Union at the CoP meeting 
on  11  December  2025,  including,  in  particular,  that  the  participation  of  NGOs  should  be 
limited  to  the  thematic  debates.  The  suggested  procedure  appears  reasonable,  efficient  and 
sufficiently clear,  and the proposed criteria appropriate and designed to  ensure that relevant 
NGOs are accepted.    

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 
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’8. 

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Judgment  of 
ECLI:EU:C:2014:2258, paragraphs 61 to 64.  

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

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4.1.2. Application to the present case 

The Committee of the Parties is a body set up by the Istanbul Convention. The act which the 
Committee of the Parties is called upon to adopt constitutes an act having legal effects. The 
envisaged act will be binding under international law. 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 provide guidance on how to apply Rule 2(3)(c) 
of  the  Rules  of  Procedure  of  the  Committee  in  practice,  by  setting  out  a  procedure  for 
authorising  NGOs  to  participate  as  observers  to  its  meetings  and  the  criteria  to  be  used  to 
assess  such  applications.  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 Union9 and matters related to 
judicial cooperation in criminal matters, asylum and non-refoulement10. 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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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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2026/0063 (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 participation of non-governmental 
organisations as observers in meetings of the Committee, 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) 

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)  2023/107511  with  regard  to  institutions  and  public 
administration  of  the  Union,  and  by  means  of  Council  Decision  (EU)  2023/107612 
with regard to matters related to judicial cooperation in criminal matters, asylum and 
non-refoulement,  insofar as such matters fall within the exclusive competence of the 
Union, and entered into force for the Union on 1 October 2023.  

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’)13.  The 
Rules of Procedure provide that the Committee may authorise representatives of civil 
society,  in  particular  non-governmental  organisations  active  in  combating  violence 
against  women  and  domestic  violence,  to  send  representatives  as  observers  at  its 
meetings  on  an  ad  hoc  basis  (Rule  2(3)(c)).  Rule  2(3)(d)  further  provides  that 
observers have no right to vote or to defrayal of expenses. 

(3) 

Following  the  request  of  a  non-governmental  organisation  (NGO)  to  participate  in  a 
Committee meeting as an observer, it became apparent that the procedure and criteria 
for admission of NGOs as ad hoc observers needed to be established for the purposes 
of  implementing  the  relevant  Rules  of  Procedure.  Discussions  regarding  the 

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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), Decision - 2023/1075 - EN - EUR-Lex.  
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), Decision - 2023/1076 - EN - EUR-Lex.  
Document IC-CP(2015)2, adopted on 4 May 2015, Rules of Procedure. 

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(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

Committee’s approach to such requests were held at the 18th and 19th meeting of the 
Committee in June 2025 and December 2025.  

On 27 January 2026, based on the discussions in the Committee, the Secretariat of the 
Committee shared a draft Decision on participation of NGOs as observers in meetings 
of the Committee of the Parties of the Istanbul Convention (IC-CP(2026)1 prov) ('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  26  March  2026,  the  envisaged  act  would  be  deemed 
adopted. 

As regards the proposed procedure, the envisaged act provides that the Committee is 
to  decide  on  the  admission  of  NGOs  as  ad  hoc  observers  through  a  silent  written 
procedure organised by the Secretariat prior to the relevant meeting, with a decision to 
be  taken  at  the  relevant  meeting  itself  in  case  of  objections.  Participation  is  to  be 
limited  to  the  thematic  debates  of  the  Committee  and  may  extend  across  multiple 
meetings.  The criteria  for assessing  applications  for admission  should  include timely 
submission of the request, the organisation’s adherence to the values of the Council of 
Europe,  its  activity  in  the  field  of  combating  violence  against  women  and  domestic 
violence  and  its  registration  in,  or  conduct  of  activities  within,  Council  of  Europe 
member states or countries that have been or have expressed an interest in becoming a 
party to the Istanbul Convention. 

It  is  appropriate  to  establish  the  position  to  be  taken  on  the  Union’s  behalf,  as  the 
envisaged act will be legally binding on the Union under international law. 

In  order  to  implement  the  Rules  of  Procedure  allowing  NGOs  to  participate  as 
observers  to  the  Committee  meetings  on  an  ad  hoc  basis,  the  Committee  needs  to 
decide  on  a  procedure  for  admitting  NGOs  to  its  meetings  and  to  agree  on  a  list  of 
criteria for assessing  such  applications. The suggested procedure appears reasonable, 
efficient  and  sufficiently  clear,  and  the  proposed  criteria  appear  appropriate  and 
designed to ensure that only relevant NGOs are accepted as observers. 

The  Union’s  position  should  therefore  be  to  not  object  to  the  adoption  of  the  draft 
decision as outlined in document IC-CP(2026)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, 

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 
draft Decision on participation of non-governmental organisations as observers in meetings of 
the Committee of the Parties of the Istanbul Convention [IC-CP(2026)1 prov]. 

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

Article 2 

Done at Brussels, 

For the Council 
The President 

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