/ world today news/ On May 10, 2023, with an overwhelming majority (more than 450 votes), MEPs voted for the accession of the European Union to the Council of Europe Convention on preventing and combating violence against women, better known as the “Istanbul Convention “.
The Bulgarian representatives in the European Parliament who voted YES are: Sergey Stanishev, Elena Yoncheva, Radan Kanev, Ilhan Kyuchuk, Atidje Aliyeva-Veli and Iskra Mihailova. Our other MEPs conveniently hid from the vote either by not being present or by voting “abstain”. Only Dzambazki voted against. Thus, out of 17 that the people sent to represent them at the highest level, 6 voted for a document that contradicts the Constitution of the Republic of Bulgaria and there is a decision of the Constitutional Court on this issue. Another 10 hid from the vote, instead of protecting the rights of the Bulgarians, sent them to Strasbourg/Brussels.
It is worth noting that the fight against violence against women is a really important issue. It is regulated in the Law on protection from domestic violence in force from 22.12.2009, which was amended with more severe penalties in 2018. Moreover, the Bulgarian constitution also states that no discrimination or privilege of basis of gender (Art. 6). Regarding the Istanbul Convention, the Constitutional Court, with Decision N°13 of July 27, 2018, determined that the term “gender“, stated in the convention, contradicts the Constitution and blurs the boundaries between the male and female genders, thus declaring the convention unconstitutional. The ratification of such a text could have serious consequences for the Bulgarian legal system. At the very least, a number of laws will have to be amended, including the Basic Law, which provides, for example, in Art. 46 par. 1 that “marriage is a voluntary union between a man and a woman” because the convention steps on the understanding of biological sex, but further, in its articles 3 and 4, upholds the understanding of gender as supra-biological through “gender“, which is translated into Bulgarian as “social gender“. Moreover, the convention itself speaks of gender identitywhich is contrary to how our constitutional system and legislation is constructed.
What’s next from now on? The European Union is trying to impose a law on Bulgaria that is unconstitutional. Since the vote has passed through the European Parliament, the convention must now be voted on by the Council of the EU, where until now decisions were taken unanimously, i.e. it was enough for one country, such as Hungary, represented in the Council by Viktor Orbán, to vote against and the convention would not be ratified by the EU. However, with its opinion of October 6, 2021, the Court of Justice of the European Union confirmed that the EU can ratify the Istanbul Convention without the consent of all member states, i.e. by reaching a qualified majority, rather than unanimity, the Council of the EU can approve the introduction of the Istanbul Convention in the European Union.
Once the EU has joined the Istanbul Convention, it will apply in all member states, because Art. 216 par. 2 of the Treaty on the Functioning of the European Union states that “the agreements concluded by the Union bind the institutions of the Union and the Member States“.
After the votes on May 10, 2023, there have already been several calls by MEPs to the member states – Bulgaria, the Czech Republic, Hungary, Latvia, Lithuania and Slovakia – to immediately ratify the Istanbul Convention. Moreover, representatives of the European Commission state that Bulgaria must comply with the convention, even if it has not ratified it, in case the EU ratifies it. A decision by the Commission is awaited on whether sanctions will be imposed on member states that do not comply with the Istanbul Convention.
From here, the Bulgarian MEPs who voted FOR, as well as those who hid from the vote, should be asked:
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Have they read the decision of the Bulgarian Constitutional Court, which defines the Istanbul Convention as unconstitutional?
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Why does the European Union impose on the sovereign Bulgarian state a text that is contrary to our Constitution, given that according to the concept of the “Hierarchy of Norms” developed by the prominent constitutionalist Hans Kelsen, which sits at the base of the modern definition of the rule of law, the Constitution is the supreme law in a sovereign state and if there are contradictions between the Constitution and international norms or conventions, then the norms of the Constitution apply.
France, which is constantly pointed to us as an example of a state governed by the rule of law, strictly applies this concept according to which the Constitution and European law and international treaties are incorporated.
The Bulgarian MEPs who voted FOR the adoption of the Istanbul Convention, as well as those who hid by not voting against it, should think about how they protect the interests of ordinary Bulgarians in the EU? By allowing an unconstitutional text to be imposed on us, which could lead to upheavals, beyond purely legal ones, which are not accepted by Bulgarian society? European elections are coming up in 2024, and from all the above, there can be only one conclusion: these people are not worthy to represent Bulgaria in the EU.
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