EU law in light of the Istanbul Convention: legal implications after accession

The first aim of this report is to give a brief explanation of each chapter of the IC and, following the structure of the IC, map the relevant EU acquis, examine to what extent it is in line with the Istanbul Convention, and identify potential loopholes that need to be filled with regard to the obligations under the Istanbul Convention within the limits of the Decisions on the EU accession (No. 2023/1075 and No. 2023/1076) and the Declaration contained in the instrument of approval deposited on 28 June 2023. The analysis aims to examine legal instruments specifically linked to the scope of the Convention and EU legislation that applies to specific aspects of gender-based violence although focussing on other areas, e.g. the Digital Service Act. With specific regard to the legal basis of Decision No. 2023/1075, Article 336 TFEU, the analysis also includes selected staff regulations and anti-harassment policies of the seven EU institutions as recognised in the Treaties. The second aim is to explore the legal implications of the EU’s accession to the Istanbul Convention based on the current legal basis and in light of the interpretive judgments of the Court of Justice of the European Union. This is further developed in the chapter related to the use of the IC as a means of interpretation of Eu law.