ABSTRACT – In the WS judgment, delivered on 16 January 2024, the Court of justice of the European Union referred to the Istanbul Convention for the first time, clarifying the conditions for granting refugee status to women victims of gender-based violence and domestic violence. Recognizing the Istanbul Convention as a “Relevant Treaty” within the meaning of Article 78, para. 1, TFEU, the Court has provided an interpretation of Directive 2011/95 in accordance with this convention, notwithstanding Bulgaria – the Member State of the referral’s jurisdiction – has not ratified it. This contribution aims to elucidate how the Istanbul Convention produces certain legal effects in the EU legal order as well as in the legal system of the Member States, even in the absence of ratification by the latter.
