(6)The Union has exclusive competence to accept obligations set out in the Convention with regard to its own institutions and public administration, within the scope of Article 336 of the Treaty on the Functioning of the European Union. In paragraph 305 of its Opinion 1/19 of 6 October 2021, Istanbul Conventionnote, the Court of Justice of the European Union held that a significant part of the obligations of the Convention relating to the adoption of preventive and protection measures are, in essence, binding on the Union as regards the staff in its administration and as regards the members of the public visiting the premises and buildings of its institutions, agencies and bodies. Moreover, in paragraph 307 of the same Opinion, the Court held that the Union should not confine itself to establishing minimum requirements or supporting measures, but should itself ensure that those obligations are fully satisfied. At the same time, the extent of the Union’s obligations should be interpreted bearing in mind its specific nature and powers. In particular, since the Union’s public administration is not endowed with law enforcement powers, recommendations relating to matters of law enforcement, such as the issue of emergency barring orders, should be interpreted as requiring the Union to ensure the safety of victims within the limits of its powers, for example by refusing alleged perpetrators access to the premises of the institutions.
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