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Opinion 1/19 on the Conclusion of the Istanbul Convention (C.J.E.U.)

Published online by Cambridge University Press:  24 October 2022

Panos Koutrakos
Panos Koutrakos*
Affiliation:
Panos Koutrakos is Professor of EU Law and Jean Monnet Professor of EU Law at City, University of London, United Kingdom. He is also a barrister in London, United Kingdom and Athens, Greece.
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Extract

On October 6, 2021, the European Court of Justice (ECJ) handed down Opinion 1/19 on the conclusion of the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention). Based on a request by the European Parliament, the Opinion was rendered under Article 218(11) of the Treaty on the Functioning of the European Union (TFEU), which enables the Court to rule on the compatibility with EU law of international agreements envisaged, but not yet concluded, by the Union. The Opinion is about, on the one hand, the legal basis under the EU Treaties and, on the other hand, the procedure pursuant to which the EU and its member states may conclude the Convention.

Type
International Legal Documents
Information
International Legal Materials , Volume 61 , Issue 6 , December 2022 , pp. 925 - 976
Copyright
Copyright © The Author(s), 2022. Published by Cambridge University Press on behalf of The American Society of International Law

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References

ENDNOTES

1 EU:C:2021:198.

2 Council Decision 2010/48 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities, 2010 O.J. (L 23) 35.

3 Convention on preventing and combating violence against women and domestic violence (“Istanbul Convention”), opened for signature May 11, 2011, C.E.T.S. No. 210, art. 60(1) which refers to art. 1, A(2) of the 1951 Convention relating to the Status of Refugees.

4 See Christoph Hillion and Panos Koutrakos (eds.), Mixed Agreements Revisited – The EU and its Member States in the World (2010) and Nicolas Levrat, et al. (eds.), The EU and its Member States’ Joint Participation in International Agreements (2022).

5 See, e.g., Opinion 2/00 EU:C:2001:664 at ¶ 5.

6 Opinion 1/19, supra note 1, ¶ 332.

7 Marise Cremona, Managing EU Co-operation Agreements, Council Discretion and Legal Basis: European Commission v Council of the European Union (C-180/20), 47 Eur. L.R. 273, 275 (2022).

8 Panos Koutrakos, Confronting the Complexities of Mixed Agreements—Opinion 1/19 on the Istanbul Convention, 47 Eur. L.R. 247, 258 (2022).