Considerations on COM(2024)38 - EU position in 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, asylum and non-refoulement - Main contents
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| dossier | COM(2024)38 - EU position in the Committee of the Parties of the Council of Europe Convention on Preventing and Combating Violence Against ... |
|---|---|
| document | COM(2024)38 |
| date | January 24, 2024 |
(2) The Committee of the Parties is the political body of the monitoring mechanism of the Istanbul Convention. Pursuant to Article 67(3) of the Convention, the Committee of the Parties has drawn up its own Rules of Procedure. Those rules provide that each Party to the Convention has one vote. The accession of the Union to the Convention requires certain adjustments to those rules in order to determine the modalities for the Union exercising its voting rights as Party to the Convention.
(3) In August 2023, the Secretariat of the Committee of the Parties proposed certain amendments to the Rules of Procedure to reflect the impact of the Union’s accession on the functioning of the Committee and has asked State Parties and the Union to submit drafting suggestions with a view to adopting the amendments in 2024. The amendments are to be discussed and, if possible, adopted at the 16th meeting of the Committee of the Parties on 6 June 2024.
(4) It is appropriate to establish the position to be taken on the Union's behalf in the Committee of the Parties, as the amendments to the Rules of Procedures will be binding on the Union.
(5) According to the draft amendments proposed by the Secretariat of the Committee of the Parties, the rules on quorum for the adoption of the Committee’s decisions as provided for in the Rules of Procedure would be maintained but supplemented by some new requirements. The Union should support those amendments to the Rules of Procedure, subject to certain adjustments reflecting the scope of the Union’s accession to the Istanbul Convention.
(6) As regards the general rule on voting in Rule 20 of the Rules of Procedure, the Secretariat of the Committee of the Parties proposes to include a non-additionality clause according to which it would be either the Union or its Member States which are entitled to vote on a particular matter. The principle of non-additionality is already incorporated in other Council of Europe Conventions to which the Union has acceded and should also be accepted in the present case. However, the wording of the clause should be adapted to the fact that the Union exercises its right to vote with a number of votes which will vary depending on the subject-matter of the vote.
(7) As regards the general rule on voting in Rule 20 of the Rules of Procedure, the Secretariat of the Committee of the Parties also proposes to include a requirement of double majority meaning that a decision will only be adopted with a majority of two-thirds of the votes cast if it is supported by a simple majority of the votes cast by State Parties to the Convention which are not Member States of the Union. Such requirement would counterbalance the fact that the Union has a simple majority in the Committee of the Parties in terms of votes, thereby addressing possible concerns by third State Parties as to the weight of the Union’s vote. The Union should accept the double majority requirement, provided that it applies only where the Union participates in a vote and its wording is adapted to the fact that the Union exercises its right to vote with a number of votes which will vary depending on the subject-matter of the vote.
(8) As regards the specific rules for the election of members of the Group of Experts on Action against Violence Women and Domestic Violence (‘GREVIO’), the Union should accept the proposed amendment providing for one vote for the Union in addition to the individual vote of each Member State. As regards more specifically decisions to request the withdrawal of one or more candidates who do not meet the requirements for membership of GREVIO, the Secretariat of the Committee of the Parties proposes to apply a double majority requirement. Taking into account the exceptional character of such decisions, the Union should accept such requirement meaning that the two-thirds majority of the votes cast, as required for such decisions, should include a simple majority of the votes cast by representatives of Parties other than the Union and its Member States.
(9) As regards amendments to the Rules of Procedure which are to be adopted by a two-thirds majority of the votes cast, with each Party to the Convention having one vote, the Union should accept the addition of a double majority requirement as proposed by the Secretariat of the Committee of the Parties, subject to clarifying that the principle of non-additionality does not apply here.
(10) 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.
(11) The position of the Union within the Committee of the Parties should therefore be based on the attached draft amendments to the Committee’s Rules of Procedure.
(12) 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.
(13) 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.