Skip to content
REPORT (COM(2022)0177 – C90161/2022 – 2022/0117(COD))

On the proposal for a directive of the European Parliament and of the Council on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings (“Strategic lawsuits against public participation”)

A-9-2023-0223

Committee on Legal Affairs · Rapporteur: Tiemo Wölken

Official HTML ↗ PDF DOCX
✦ In shortFull textProcedure & committee votes
✦ In short · AI summary of this text, generated 26 Sept 2026

Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

Parliament's amended version of the Commission proposal for a directive protecting people who engage in public participation from manifestly unfounded or abusive court proceedings, known as SLAPPs. It sets minimum rules for civil cases with cross-border implications, covering journalists, media organisations, human rights defenders, academics, researchers, artists and civil society organisations. Defendants get safeguards: security for costs, early dismissal, full costs and compensation, penalties, and support such as legal aid and psychological help. It adds rules on jurisdiction and applicable law for defamation claims, protection against third-country proceedings, national and Union registers of decisions, training, awareness-raising, data collection and transposition deadlines.

Committee position. The Committee on Legal Affairs adopts Parliament's position at first reading with amendments to the Commission proposal, adding minimum standards, broader definitions, procedural safeguards, support measures, jurisdiction and applicable law rules, registers, training and data collection.

Key points

  1. The directive lays down minimum standards of protection against manifestly unfounded or abusive civil court proceedings, and threats of them, brought against natural and legal persons engaging in public participation.
  2. It applies to civil or commercial matters with cross-border implications, including interim and precautionary measures, but not to revenue, customs or administrative matters or State liability for acts of State authority.
  3. Member States may keep or introduce more favourable safeguards and must not reduce existing levels of protection.
  4. Public participation covers statements or activities in the exercise of freedom of expression, academic freedom, assembly and association, including complaints, petitions, judicial claims, public hearings and journalistic, political, scientific, academic, artistic and satirical works.
  5. Matters of public interest include fundamental rights, public health, safety, environment, climate, activities of public figures, allegations of corruption, fraud, embezzlement, money laundering, extortion, coercion, sexual harassment, gender-based violence and other offences, and activities protecting Article 2 TEU values and fighting disinformation.
  6. Abusive proceedings are those fully or partially unfounded, marked by misuse of the judicial process, with the main purpose of preventing, restricting or penalising public participation; indicators include power imbalance, intimidation, bad-faith procedural tactics and forum shopping.
  7. Courts must act using the most expeditious procedures available, and Member States shall provide support measures including free information and advice, legal aid, financial assistance and psychological support.
  8. Associations, organisations, trade unions and other entities with a legitimate interest may take part in proceedings on behalf or in support of the defendant, with his or her approval, or provide information.
  9. Courts may require the claimant to provide security for costs and damages, and Member States shall set reasonable time limits for applying for early dismissal.
  10. A claimant who brought abusive proceedings can be ordered to bear all costs, including full legal representation costs, and a harmed person can obtain full compensation for material or non-material harm without separate proceedings.
  11. Persons domiciled in a Member State may seek compensation in their courts for damages and costs from abusive proceedings in a third country, and Member States shall establish publicly accessible registers of relevant court decisions, with a Union register set up by the Commission.
  12. Member States shall raise awareness, establish a one-stop shop of specialised lawyers and psychologists, provide training for lawyers, judges and support staff, encourage deontological rules, cooperate on information access, and collect data on abusive proceedings.

Who is affected

  • Journalists, media organisations, publishers and whistleblowers gain protection against abusive court proceedings.
  • Human rights defenders, including environmental rights defenders, gain protection and support.
  • Academics, researchers and artists gain protection for research, teaching, performance and communication.
  • Civil society organisations, NGOs, trade unions and legal persons engaging in public participation gain safeguards.
  • Lawyers, family members, internet providers, publishing houses and print shops supporting targeted persons are protected.

Figures and deadlines

  • The Commission shall submit a report on the application of the directive by [4 years from the date of transposition] and every five years thereafter.
  • Member States shall bring into force laws to comply with the directive by [1 year from the date of entry into force].

Legal basis: Article 294(2) and Article 81(2)(f) of the Treaty on the Functioning of the European Union.