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

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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 EN
date April 22, 2024
 
table>(1)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) 2023/1075 (1), with regard to institutions and public administration of the Union, and by means of Council Decision (EU) 2023/1076 (2), 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.
(2)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 order to determine the modalities for the Union exercising its voting rights as a Party to the Convention.

(3)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 has asked Parties to the Convention 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 on 31 May 2024.

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

(5)According to the draft amendments proposed by the Secretariat of the Committee, 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 propose alternative amendments to the Rules of Procedure to better reflect the scope of the Union’s accession to the Convention and protect the Union’s interests while showing the Union’s willingness to accommodate the concerns of Parties to the Convention which are not Member States of the Union.

(6)As regards the general rule on voting in Rule 20 of the Rules of Procedure, the Secretariat of the Committee 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 this case. However, the wording of the clause should be adapted to reflect the respective competences of the Union and the Member States.

(7)As regards the general rule on voting in Rule 20 of the Rules of Procedure, the Secretariat of the Committee also proposes to include a double-majority requirement, meaning that a decision will be adopted with a majority of two thirds of the votes cast only if it is supported by a simple majority of the votes cast by Parties to the Convention which are not Member States of the Union. Such a requirement would counterbalance the fact that the Union has a simple majority in the Committee in terms of votes, thereby addressing possible concerns by Parties to the Convention which are not Member States of the Union as to the weight of the Union’s vote. The Union should suggest that the double-majority requirement be amended in order to provide that it applies only where the Union participates in a vote and is voting with a number of votes equal to or greater than two thirds of all votes attributed to the members of the Committee, and in order to reflect the respective competences of the Union and the Member States.

(8)As regards the specific rules for the election of members of the Group of experts on action against violence against women and domestic violence (‘GREVIO’), the Union should propose further amendments in addition to 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 proposes to apply a double-majority requirement. While such decisions are of an exceptional character, the Union should propose that the two-thirds majority of the votes cast, as required for such decisions, include a simple majority of the votes cast by representatives of Parties other than the Union and its Member States only if the Union and its Member States are voting with a number of votes equal to or greater than two thirds of all votes attributed to members of the Committee.

(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 propose that the addition of a double-majority requirement as proposed by the Secretariat of the Committee only apply if the Union and its Member States are voting with a number of votes equal to or greater than two thirds of all votes attributed to the members of the Committee, subject to clarifying that the principle of non-additionality does not apply to that situation.

(10)As regards the Rules of Procedure, the reference to the Union in the list of participants which are not members of the Committee should be deleted since it has become obsolete.

(11)The position of the Union within the Committee should therefore be based on the attached draft amendments to the Rules of Procedure.

(12)The position of the Union within the Committee should be without prejudice to future positions concerning rules of procedure in relation to other Council of Europe conventions or Union agreements with third countries or international organisations.

(13)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.

(14)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,