Istanbul Convention 2026: what changes for asylum and judicial cooperation in the EU

Key data

The asylum systems and criminal judicial authorities of EU Member States have had a new operational restriction since 29 May 2026: in matters of criminal judicial cooperation, asylum and non-refoulement, their positions in the Istanbul Convention must be aligned with the EU position set by Council Decision (EU) 2026/1213.

This decision, published in the EU Official Journal on 4 June 2026, responds to the convening of the 20th meeting of the Committee of the Parties to the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention). The EU does not act here as an observer: it acts as a party with a binding official position in the areas of its competence.

What does this regulation establish?

Decision 2026/1213 covers two differentiated aspects that will be addressed at the 20th meeting of the Committee of Parties:

The key element for Member States is the scope of EU competence: the Decision limits the EU position to three specific matters where the EU has shared competences with Member States:

• Judicial cooperation in criminal matters
• Asylum
• Non-refoulement (principle prohibiting return of a person to a country where they face risk of persecution or serious harm)

Outside these three matters, Member States retain full autonomy to set their national positions in the Istanbul Convention.

Economic and operational impact

This decision does not generate direct costs for private companies. Its impact is institutional and operational, and is concentrated in public administrations and bodies with competences in the affected areas.

The specific operational effects are:

• Mandatory alignment of national positions: Authorities of Member States cannot adopt positions divergent from the EU position in criminal judicial cooperation, asylum and non-refoulement when acting within the framework of the Istanbul Convention.
• Impact on asylum systems: The decision has practical relevance for processing asylum applications from victims of gender-based violence crossing intra-European borders, as the EU position conditions how Istanbul Convention standards are applied in these procedures.
• Cross-border protection: The principle of non-refoulement, in the context of the Istanbul Convention, strengthens guarantees for victims of gender-based violence in extradition or transfer proceedings between Member States.

Who does it affect?

• EU Member States: Obliged to align their national positions with the EU position in matters of shared competence.
• Criminal judicial authorities: Must apply Istanbul Convention standards in coherence with the EU position on criminal judicial cooperation.
• Asylum and refugee systems: Asylum offices and courts resolving refugee appeals must take into account the EU position on asylum and non-refoulement.
• Bodies protecting victims of gender-based violence: Especially those serving victims in cross-border mobility situations within the EU.
• Law firms specializing in asylum and immigration law: The alignment of EU positions may influence jurisprudence and case resolution criteria.

Practical example

A woman victim of gender-based violence applies for asylum in Spain alleging persecution in her country of origin. Her case involves both assessment of the risk of refoulement (non-refoulement principle) and cooperation with criminal judicial authorities of another Member State to obtain evidence of the crime suffered.

With Decision 2026/1213 in force, Spanish asylum authorities and judges hearing the case must apply Istanbul Convention criteria in coherence with the official position that the EU has set for the 20th meeting of the Committee of Parties. This means Spain cannot adopt an interpretation of the non-refoulement principle or criminal judicial cooperation standards that contradicts the EU position, even if its national legislation could allow a different interpretation margin.

The practical effect is greater uniformity in the protection of victims of gender-based violence in asylum procedures and judicial cooperation throughout the EU.

What should companies do now?

1. Identify if your organization operates in the affected areas: Criminal judicial cooperation, asylum or non-refoulement. If not, this decision generates no direct obligations for your entity.
2. Review internal asylum and non-refoulement procedures: Asylum offices and legal services of public bodies must verify that their resolution criteria are consistent with the EU position set by this Decision.
3. Update cross-border criminal judicial cooperation protocols: Criminal judicial authorities must ensure that their cooperation mechanisms with other Member States respect Istanbul Convention standards as interpreted by the EU.
4. Consult the EU's official position before the 20th meeting of the Committee of Parties: National representatives participating in that meeting must know and respect the EU position in matters of shared competence.
5. Immigration and asylum law firms: Update legal arguments for cases involving victims of gender-based violence by incorporating alignment between the Istanbul Convention and the EU position on asylum and non-refoulement.

Official source

Consult full regulation at official source

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=CELEX:32026D1213