<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>The main purpose of this article is to analyse the Council’s practice of ‘common accord’ as the argument behind the tardiness of accession to the Istanbul Convention by the European Union. It presents how political and legal factors condition the accession of the Istanbul Convention by the European Union. In light of the Court of Justice Opinion 1/19, there are no legal obstacles to the accession; therefore, the tardiness of ratification arose from the political context, which consists of the EU’s constitutional crisis, populists in power, and liberal decision-makers succumbing to them. Based on the sociological assumption, the case study confirms the existence of the practice of ‘common accord’ as an effect of the conditions mentioned above. Nevertheless, the social need to access the Istanbul Convention is urgent.</p>
</abstract>

The main purpose of this article is to analyse the Council’s practice of ‘common accord’ as the argument behind the tardiness of accession to the Istanbul Convention by the European Union. It presents how political and legal factors condition the accession of the Istanbul Convention by the European Union. In light of the Court of Justice Opinion 1/19, there are no legal obstacles to the accession; therefore, the tardiness of ratification arose from the political context, which consists of the EU’s constitutional crisis, populists in power, and liberal decision-makers succumbing to them. Based on the sociological assumption, the case study confirms the existence of the practice of ‘common accord’ as an effect of the conditions mentioned above. Nevertheless, the social need to access the Istanbul Convention is urgent.

The EU Accession to the Istanbul Convention: The Argument From the ‘common Accord’ Practice

Wroclaw Review of Law, Administration & Economics

This work is licensed under the Creative Commons Attribution 4.0 International License.

The main purpose of this article is to analyse the Council’s practice of ‘common accord’ as the argument behind the tardiness of accession to the Istanbul...

The EU Accession to the Istanbul Convention: The Argument From the ‘common Accord’ Practice

Published Online: Nov 28, 2023

Page range: -

DOI: https://doi.org/10.2478/wrlae-2022-0007

Keywords
European Union law, Istanbul Convention, common accord, Council of Europe, violence against women, international agreements

© 2023 Karolina Kaja Kubacka, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

The EU Accession to the Istanbul Convention: The Argument From the ‘common Accord’ Practice

Published Online: Nov 28, 2023

Page range: -

DOI: https://doi.org/10.2478/wrlae-2022-0007

KeywordsEuropean Union law, Istanbul Convention, common accord, Council of Europe, violence against women, international agreements

© 2023 Karolina Kaja Kubacka, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

Keywords
European Union law, Istanbul Convention, common accord, Council of Europe, violence against women, international agreements