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Parliamentary questions
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28 July 2020
Priority question for written answer
to the Council
Rule 138
Łukasz Kohut (S&D)
 Subject: Poland’s denunciation of the Istanbul Convention and EU law

On 11 May 2017, the Council of the EU – and thus all EU Member States, including Poland – adopted without discussion two decisions covering asylum policy, the non-refoulement principle and judicial cooperation in criminal matters (Council Decision (EU) 2017/865 and Council Decision (EU) 2017/866) which laid the groundwork for the signing on 13 June 2017 of the Istanbul Convention.

On 27 July 2020, Poland’s Minister of Justice began efforts to denounce the Istanbul Convention, which Poland had ratified on 27 April 2015.

In this context, I would like to ask about the consequences of Poland's denunciation of the Istanbul Convention for the legal order of the Union, specifically:

1. Would Council Decisions 2017/865 and 2017/866 cease to apply to Poland following the denunciation of the Istanbul Convention?

2. If so, would this mean that Poland would be excluded from any other form of cooperation at EU level in which all other Member States are involved?

3. If not, is it to be understood that, despite the denunciation of the Istanbul Convention, Poland would still be bound by its provisions to some extent, given that Article 18 of the Vienna Convention on the Law of International Treaties states that ‘a State is obliged to refrain from acts which would defeat the object and purpose of a treaty when: (a) It has signed the treaty [...]’?

Original language of question: PL
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