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Confronting the Complexities of Mixed Agreements-Opinion 1/19 on the Istanbul Convention

Koutrakos, P. ORCID: 0000-0002-2346-4057 (2022). Confronting the Complexities of Mixed Agreements-Opinion 1/19 on the Istanbul Convention. European Law Review, 47(2), pp. 247-263.

Abstract

The Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) is only the second international human rights treaty that the EU has signed. The process of its signature by the EU and the Member States has been fraught with policy and legal tensions. This article examines Opinion 1/19 in which the Court of Justice dealt with legal basis and procedural issues that are central to the functioning of mixed agreements. The analysis teases out the themes of procedural integrity and pragmatism that emerge, reflects on the reticence of the Court to deal with certain issues, and explores the implications of the Opinion for our understanding of mixed agreements in the EU legal order.

Publication Type: Article
Additional Information: This is a pre-copyedited, author-produced version of an article accepted for publication in European Law Review following peer review. The definitive published version Koutrakos, P. (2022). Confronting the Complexities of Mixed Agreements-Opinion 1/19 on the Istanbul Convention. European Law Review, 47(2), pp. 247-263. is available online on Westlaw UK.
Subjects: H Social Sciences > HN Social history and conditions. Social problems. Social reform
H Social Sciences > HQ The family. Marriage. Woman
J Political Science > JN Political institutions (Europe)
K Law > K Law (General)
Departments: The City Law School > Academic Programmes
[img] Text - Accepted Version
This document is not freely accessible until 1 April 2023 due to copyright restrictions.

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