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Opinion 1/19: Request for an opinion submitted by the European Parliament pursuant to Article 218(11) TFEU

ECLI:EU:UNKNOWN:62019CU0001

62019CU0001

December 9, 2019
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Official Journal of the European Union

C 413/19

(Opinion 1/19)

(2019/C 413/21)

Language of the case: all the official languages

Applicant

European Parliament (represented by: D. Warin, O. Hrstková Šolcová, A. Neergaard, agents, acting as Agents)

Questions submitted to the Court

Do Articles 82(2) and 84 TFEU constitute appropriate legal bases for the act of the Council relating to the conclusion, in the name of the European Union, of the Istanbul Convention, or must that act be based on Articles 78(2), 82(2) and 83(1) TFEU, and is it necessary or possible to separate the decisions concerning the signature and the conclusion of the convention as a consequence of that choice of legal basis?

Is the conclusion by the European Union of the Istanbul Convention, in accordance with Article 218(6) TFEU, compatible with the Treaties in the absence of mutual agreement between all the Member States concerning their consent to be bound by that convention?

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