Combating Violence against Women and Domestic Violence from the Istanbul Convention to the EU Framework: The Proposal for an EU Directive

Abstract

The main focus of this paper is on the path that is leading the EU legislator to combat violence against women and domestic violence using different approaches. Starting with the recent development that led the EU to ratify the Istanbul Convention with the decisions approved on 1st June 2023, the author examines the recent proposal for a directive on the topic, evaluating in particular its legal basis as proposed by the European Commission (Article 82.2 and Article 83.1 TFEU), taking into account Opinion 1/19 of the EU Court of Justice, and all the decisions that authorised signature and ratification of the Istanbul Convention and the possible alternatives. In this context, reference will be made to the provisions of the directive dealing with the qualification of certain forms of violence against women (in particular the ones connected to cybercrime) and to the risk of challenges by States that have not ratified or are raising problems about the implementation of the Istanbul Convention, seeking to assess the prospects for the future adoption of the proposed directive.