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The Istanbul Convention: A tool to tackle violence against women and girls

02-12-2019

The Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) is the first instrument in Europe to set legally binding standards specifically to prevent gender-based violence, protect victims of violence and punish perpetrators. Following the EU's signing of the Convention in June 2017, the European Parliament's consent is required for the EU's accession to the Convention. Pending Council's formal request for that consent, Parliament ...

The Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) is the first instrument in Europe to set legally binding standards specifically to prevent gender-based violence, protect victims of violence and punish perpetrators. Following the EU's signing of the Convention in June 2017, the European Parliament's consent is required for the EU's accession to the Convention. Pending Council's formal request for that consent, Parliament adopted an interim resolution in September 2017, and subsequently reviewed progress towards EU accession, in April and November 2019.

EU accession to the European Convention on Human Rights (ECHR)

06-07-2017

Neither of the founding treaties of the European Communities – the Treaty of Paris (1951) or the Treaty of Rome (1957) included any reference to fundamental rights. Nonetheless, in its case law the European Court of Justice started to treat such rights as unwritten 'general principles of Community law', thereby granting them the status of primary law. As for the source of these general principles of Community law, the Court referred to the common constitutional traditions of the Member States, and ...

Neither of the founding treaties of the European Communities – the Treaty of Paris (1951) or the Treaty of Rome (1957) included any reference to fundamental rights. Nonetheless, in its case law the European Court of Justice started to treat such rights as unwritten 'general principles of Community law', thereby granting them the status of primary law. As for the source of these general principles of Community law, the Court referred to the common constitutional traditions of the Member States, and to international treaties to which at least a majority of Member States were party, in particular the European Convention on Human Rights (ECHR) of 1950. When the European Union was formally established by the Treaty of Maastricht (1992), this case law of the Court of Justice on the dual sources of fundamental rights in the EU was codified in the new Treaty on European Union in its Article F(2). The entry into force of the Charter of Fundamental Rights as a binding legal act in 2009 did not, however, deprive the ECHR of its role in the EU legal system as a source of fundamental rights in the form of general principles. The Treaty of Lisbon provided for a duty of the EU to accede to the ECHR. However, when the negotiated agreement was put to the Court of Justice for opinion, it ruled (in December 2015) that the agreement did not provide for sufficient protection of the EU's specific legal arrangements and the Court's exclusive jurisdiction. For the time being, no new accession agreement has been drafted, but both the Parliament and the Commission underline the need for EU accession. Scholars remain divided, some considering that accession would bring added value, whilst others express the view that accession would actually do more harm than good to EU citizens.

Western Balkans: Parliamentary oversight of the security sector

02-05-2017

Both the European Union and NATO have sought to promote democratic security sector governance as one of the criteria for their respective accession candidates. Consequently, the Western Balkan countries – Albania, Bosnia and Herzegovina (BiH), Kosovo, the former Yugoslav Republic of Macedonia (FYR Macedonia), Montenegro and Serbia – have begun security sector reforms as part of their Euro-Atlantic integration. The overall objective of these reforms is to support the transformation of the security ...

Both the European Union and NATO have sought to promote democratic security sector governance as one of the criteria for their respective accession candidates. Consequently, the Western Balkan countries – Albania, Bosnia and Herzegovina (BiH), Kosovo, the former Yugoslav Republic of Macedonia (FYR Macedonia), Montenegro and Serbia – have begun security sector reforms as part of their Euro-Atlantic integration. The overall objective of these reforms is to support the transformation of the security sector in accordance with democratic norms and the principles of good governance, rule of law, protection of human rights and efficient use of public resources. In this context, a special focus is placed on improving governance through greater civilian and parliamentary oversight of security processes. Since the 1990s, Western Balkan countries have all, in the push to reform their security sectors, made significant progress in terms of setting up the necessary legal framework and oversight mechanisms, including parliamentary committees. However, when it comes to aligning their security sectors with the principles of democratic governance, they have had varying success.

The European Social Charter in the Context of Implementation of the EU Charter of Fundamental Rights

12-01-2016

This study was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the AFCO Committee. Despite its increased visibility and relevance to fields covered by the EU, the European Social Charter has been largely ignored from the more recent developments concerning the protection of fundamental rights in the EU legal order. This creates the risk of conflicting obligations imposed on the EU Member States, respectively as members ...

This study was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the AFCO Committee. Despite its increased visibility and relevance to fields covered by the EU, the European Social Charter has been largely ignored from the more recent developments concerning the protection of fundamental rights in the EU legal order. This creates the risk of conflicting obligations imposed on the EU Member States, respectively as members of the EU and as States parties to the European Social Charter. Various options could be explored to move beyond the current impasse.

Údar seachtarach

Olivier DE SCHUTTER (University of Louvain - UCL, Belgium)

The Istanbul Convention: A tool to tackle violence against women and girls

25-11-2015

A powerful international tool, the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) was opened for signature in May 2011 and entered into force in August 2014. It is the first instrument in Europe to set legally binding standards specifically to prevent gender-based violence, protect victims of violence and punish perpetrators.

A powerful international tool, the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) was opened for signature in May 2011 and entered into force in August 2014. It is the first instrument in Europe to set legally binding standards specifically to prevent gender-based violence, protect victims of violence and punish perpetrators.

Fundamental Rights in the European Union: The role of the Charter after the Lisbon Treaty

27-03-2015

The European Union, like its Member States, has to comply with the principle of the rule of law and respect for fundamental rights when fulfilling the tasks set out in the Treaties. These legal obligations have been framed progressively by the case law of the European Court of Justice. The Court filled the gaps in the original Treaties, thus simultaneously ensuring the autonomy and consistency of the EU legal order and its relation with national constitutional orders. Since the entry into force ...

The European Union, like its Member States, has to comply with the principle of the rule of law and respect for fundamental rights when fulfilling the tasks set out in the Treaties. These legal obligations have been framed progressively by the case law of the European Court of Justice. The Court filled the gaps in the original Treaties, thus simultaneously ensuring the autonomy and consistency of the EU legal order and its relation with national constitutional orders. Since the entry into force of the Lisbon Treaty, these principles have also been expressly laid down in the Treaties and in the Charter of Fundamental Rights. Being part of the body of EU constitutional rules and principles, the Charter is binding upon the EU institutions when adopting new measures, as well as for Member States during implementation. The Charter is the point of reference, not only for the Court of Justice, but also for the EU legislature, especially when EU legislation gives specific expression to fundamental rights. Moreover, fundamental rights are also of relevance for EU legislation covering all the other areas of Union competence.

Cross-border parental child abduction

30-01-2015

When families break down, some parents resort to unlawful child abduction, taking their child abroad without the consent of the other parent. Seeking legal remedy is often complex and frustrating because of the different jurisdictions involved. The 1980 Hague Convention is the main international instrument in this area, and now has 93 participating states, including all EU Member States.

When families break down, some parents resort to unlawful child abduction, taking their child abroad without the consent of the other parent. Seeking legal remedy is often complex and frustrating because of the different jurisdictions involved. The 1980 Hague Convention is the main international instrument in this area, and now has 93 participating states, including all EU Member States.

Convention on international trade in endangered species

05-12-2014

Only recently has the European Union been legally able to accede to the Convention on international trade in endangered species of wild fauna and flora (CITES). Accession would allow the EU to participate fully in the work of the Convention. There appears to be a consensus between EU institutions on the principle of accession, even though the choice of legal basis is disputed.

Only recently has the European Union been legally able to accede to the Convention on international trade in endangered species of wild fauna and flora (CITES). Accession would allow the EU to participate fully in the work of the Convention. There appears to be a consensus between EU institutions on the principle of accession, even though the choice of legal basis is disputed.

The Signature of the Eurasian Union Treaty: A Difficult Birth, an Uncertain Future

16-07-2014

The smiles at the signing ceremony for Eurasian Union Treaty held on 29 May 2014 revealed little of the arduous negotiations that had led to the agreement – or of its uncertain future. Present in Astana were the presidents of the same three countries that had formed the Customs Union, in force since 2010: Belarus, Kazakhstan and Russia. The media offered pictures of the cheery trio joining hands, cementing the agreement that Russian President Vladimir Putin had strongly advocated. But the next steps ...

The smiles at the signing ceremony for Eurasian Union Treaty held on 29 May 2014 revealed little of the arduous negotiations that had led to the agreement – or of its uncertain future. Present in Astana were the presidents of the same three countries that had formed the Customs Union, in force since 2010: Belarus, Kazakhstan and Russia. The media offered pictures of the cheery trio joining hands, cementing the agreement that Russian President Vladimir Putin had strongly advocated. But the next steps will be difficult, not least because of the terms to be offered to Armenia and Kyrgyzstan – the two countries that have agreed to join the Customs Union and the Eurasian Union. Several economic and political issues, with important regional implications, will need to be solved before the ‘first enlargement’. The treaty’s provisions are vague about the Union’s real content and will also need to be clarified in the months ahead – preferably before the Eurasian Union enters into force, on 1 January 2015. Conceived in haste in response to Moscow’s pressure, the Union is experiencing a dilemma that its model, the European Union, has also faced: should the union deepen or enlarge? Or how can it cope if it chooses to do both?

The EU's accession to the ECHR

13-04-2012

The integration of the substantive provisions of the European Convention on Human Rights (ECHR) has been a goal of Community Institutions since 1953. Moreover, the Court of Justice of the European Union (CJEU) has recognised the ECHR's "special significance" for over 30 years. However until the Lisbon Treaty, the EU lacked the legal competence to enact general rules or to conclude international conventions in the human rights field.

The integration of the substantive provisions of the European Convention on Human Rights (ECHR) has been a goal of Community Institutions since 1953. Moreover, the Court of Justice of the European Union (CJEU) has recognised the ECHR's "special significance" for over 30 years. However until the Lisbon Treaty, the EU lacked the legal competence to enact general rules or to conclude international conventions in the human rights field.

Imeachtaí atá ar na bacáin

26-10-2020
European Gender Equality Week - October 26-29, 2020
Imeacht eile -
FEMM TRAN LIBE BECA AIDA INTA CULT EMPL DROI SEDE DEVE CONT
26-10-2020
Joint LIBE - FEMM Hearing on Trafficking in human beings
Éisteacht -
LIBE FEMM
27-10-2020
Hearing on Rebuilding fish stocks in the Mediterranean: next steps
Éisteacht -
PECH

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