Sittings · Document
DRAFT REPORT (COM(2022)0177 – C90161/2022 – 2022/0117(COD)) 2023-03-02
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”)
Committee on Legal Affairs · Rapporteur: Tiemo Wölken
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
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”)
(COM(2022)0177 – C90161/2022 – 2022/0117(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
– having regard to the Commission proposal to Parliament and the Council (COM(2022)0177),
– having regard to Article 294(2) and Article 81(2)(f) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90161/2022),
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the French Senate and of the Czech Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity,
– having regard to the opinion of the European Economic and Social Committee of 26 October 2022,
– having regard to Rule 59 of its Rules of Procedure,
– having regard to the opinions of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Culture and Education,
– having regard to the report of the Committee on Legal Affairs (A9-0000/2023]),
1. Adopts its position at first reading hereinafter set out;
2. Suggests that the act be cited as 'the Tiemo Wölken-... Directive on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings (“Strategic lawsuits against public participation”)';
3. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
4. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
Proposal for a directive
Citation 3 a (new)
| Text proposed by the Commission | Amendment |
| Having regard to the opinion of the European Economic and Social Committee1a, | |
| __________________ | |
| 1a OJ C 75, 28.2.2023, p. 143. |
Or. en
Amendment 2
Proposal for a directive
Recital 2
| Text proposed by the Commission | Amendment |
| (2) Article 10(3) of the Treaty on European Union states that every Union citizen has the right to participate in the democratic life of the Union. The Charter of Fundamental Rights of the European Union (the ‘Charter’) provides, inter alia, for the rights to respect for private and family life (Article 7), the protection of personal data (Article 8), freedom of expression and information, which includes respect for the freedom and pluralism of the media (Article 11), and to an effective remedy and to a fair trial (Article 47). | (2) Article 10(3) of the Treaty on European Union states that every Union citizen has the right to participate in the democratic life of the Union. The Charter of Fundamental Rights of the European Union (the ‘Charter’) provides, inter alia, for the rights to respect for private and family life (Article 7), the protection of personal data (Article 8), freedom of expression and information, which includes respect for the freedom and pluralism of the media (Article 11), freedom of assembly and of association (Article 12) and to an effective remedy and to a fair trial (Article 47). |
Or. en
Amendment 3
Proposal for a directive
Recital 4
| Text proposed by the Commission | Amendment |
| (4) The purpose of this Directive is to provide protection to natural and legal persons who engage in public participation on matters of public interest, in particular journalists and human rights defenders, against court proceedings, which are initiated against them to deter them from public participation (commonly referred to as strategic lawsuits against public participation or ‘SLAPPs’). | (4) The purpose of this Directive is to provide protection to natural and legal persons who engage in public participation on matters of public interest, in particular journalists, media organisations and human rights defenders, against court proceedings, which are initiated against them, as well as the threats thereof, to deter them from public participation (commonly referred to as strategic lawsuits against public participation or ‘SLAPPs’). |
Or. en
Amendment 4
Proposal for a directive
Recital 6
| Text proposed by the Commission | Amendment |
| (6) Investigative journalists in particular play a key role in combating organised crime, corruption and extremism. Their work carries particularly high risks and they are experiencing a growing number of attacks and harassment. A robust system of safeguards is needed to enable them to fulfil their crucial role as watchdogs on matters of legitimate public interest. | (6) Investigative journalists and media organisations in particular play a key role in combating organised crime, corruption and extremism. Their work carries particularly high risks and they are experiencing a growing number of attacks and harassment. A robust system of safeguards is needed to enable them to fulfil their crucial role as watchdogs on matters of legitimate public interest. |
Or. en
Amendment 5
Proposal for a directive
Recital 7
| Text proposed by the Commission | Amendment |
| (7) Human rights defenders also play an important role in European democracies, especially in upholding fundamental rights, democratic values, social inclusion, environmental protection and the rule of law. They should be able to participate actively in public life and make their voice heard on policy matters and in decision-making processes without fear of intimidation. Human rights defenders refer to individuals or organisations engaged in defending fundamental rights and a variety of other rights, such as environmental and climate rights, women’s rights, LGBTIQ rights, the rights of the people with a minority racial or ethnic background, labour rights or religious freedoms. Other participants in public debate, such as academics and researchers, also deserve adequate protection. | (7) Human rights defenders also play an important role in European democracies, especially in upholding fundamental rights, democratic values, social inclusion, environmental protection and the rule of law. They should be able to participate actively in public life, promote accountability and make their voice heard on policy matters and in decision-making processes without fear of intimidation. Human rights defenders refer to individuals or organisations engaged in defending fundamental rights and a variety of other rights, such as environmental and climate rights, women’s rights, LGBTQI+ rights, the rights of the people with a minority racial or ethnic background, labour rights or religious freedoms. |
Or. en
Amendment 6
Proposal for a directive
Recital 7 a (new)
| Text proposed by the Commission | Amendment |
| (7a) Participants in public debate, other than journalists, media organisations or human rights defenders, such as academics, researchers or artists, also deserve adequate protection. In a democratic society, they should be able to research, teach, learn, perform and communicate without fear of reprisal. |
Or. en
Amendment 7
Proposal for a directive
Recital 9
| Text proposed by the Commission | Amendment |
| (9) To foster this environment, it is important to protect journalists and human rights defenders from court proceedings against public participation. Such court proceedings are not initiated for the purpose of access to justice, but to silence public debate typically using harassment and intimidation. | (9) To foster this environment, it is important to protect natural and legal persons from court proceedings against public participation. Such court proceedings are not initiated for the purpose of access to justice, but to silence public debate typically using harassment and intimidation. |
Or. en
Amendment 8
Proposal for a directive
Recital 10
| Text proposed by the Commission | Amendment |
| (10) SLAPPs are typically initiated by powerful entities, for example individuals, lobby groups, corporations and state organs. They often involve an imbalance of power between the parties, with the claimant having a more powerful financial or political position than the defendant. Although not being an indispensable component of such cases, where present, an imbalance of power significantly increases the harmful effects as well as the chilling effects of court proceedings against public participation. | (10) SLAPPs are typically initiated by powerful entities, for example individuals, lobby groups, corporations, politicians and state organs. They often involve an imbalance of power between the parties, with the claimant having a more powerful financial or political position than the defendant. Although not being an indispensable component of such cases, where present, an imbalance of power significantly increases the harmful effects as well as the chilling effects of court proceedings against public participation. |
Or. en
Amendment 9
Proposal for a directive
Recital 11
| Text proposed by the Commission | Amendment |
| (11) Court proceedings against public participation may have an adverse impact on the credibility and reputation of journalists and human rights defenders and exhaust their financial and other resources. Because of such proceedings, the publication of information on a matter of public interest may be delayed or altogether avoided. The length of procedures and the financial pressure may have a chilling effect on journalists and human rights defenders. The existence of such practices may therefore have a deterrent effect on their work by contributing to self-censorship in anticipation of possible future court proceedings, which leads to the impoverishment of public debate to the detriment of society as a whole. | (11) Court proceedings against public participation may have an adverse impact on the credibility and reputation of natural and legal persons that engage in public participation and exhaust their financial and other resources. Because of such proceedings, the publication of information on a matter of public interest may be delayed or altogether avoided. The length of procedures and the financial pressure may have a chilling effect on natural and legal persons engaging in public participation. The existence of such practices may therefore have a deterrent effect on their work by contributing to self-censorship in anticipation of possible future court proceedings, which leads to the impoverishment of public debate to the detriment of society as a whole. |
Or. en
Amendment 10
Proposal for a directive
Recital 12
| Text proposed by the Commission | Amendment |
| (12) Those targeted by court proceedings against public participation may face multiple cases simultaneously, sometimes initiated in several jurisdictions. Proceedings initiated in the jurisdiction of one Member State against a person resident in another Member State are usually more complex and costly for the defendant. Claimants in court proceedings against public participation may also use procedural tools to drive up the length and cost of the litigation, and bring cases in a jurisdiction they perceive to be favourable for their case, rather than to the court best placed to hear the claim. Such practices also place unnecessary and harmful burdens on national court systems. | (12) Those targeted by court proceedings against public participation may face multiple cases simultaneously, sometimes initiated in several jurisdictions. Proceedings initiated in the jurisdiction of one Member State against a person resident in another Member State are usually more complex and costly for the defendant. Claimants in court proceedings against public participation may also use procedural tools to drive up the length and cost of the litigation, and bring cases in a jurisdiction they perceive to be favourable for their case, rather than to the court best placed to hear the claim. Such practices also place unnecessary and harmful burdens on national court systems and lead to misuse of their resources. |
Or. en
Amendment 11
Proposal for a directive
Recital 15 a (new)
| Text proposed by the Commission | Amendment |
| (15a) This Directive lays down minimum rules, thus enabling the Member States to adopt or maintain more favourable provisions to persons engaging in public participation, including national law establishing more effective procedural safeguards, such as a double penalty whereby, in full respect of the right to a fair trial, the court is able to not only award the costs or compensation to the defendant but also impose a penalty to be paid to the state by the claimant when it is clear that the litigation it commenced was vexatious, frivolous or in bad faith. The implementation of this Directive should not serve to justify any regression in relation to the level of protection that already exists in each Member State. |
Or. en
Amendment 12
Proposal for a directive
Recital 18
| Text proposed by the Commission | Amendment |
| (18) The notion of a matter of public interest should include also quality, safety or other relevant aspects of goods, products or services where such matters are relevant to public health, safety, the environment, climate or enjoyment of fundamental rights. A purely individual dispute between a consumer and a manufacturer or a service provider concerning a good, product or service should be covered only when the matter contains an element of public interest, for instance concerning a product or service which fails to comply with environmental or safety standards. | (18) The notion of a matter of public interest should include also quality, safety or other relevant aspects of goods, products or services where such matters are relevant to public health, safety, the environment, climate, consumer and labour rights or enjoyment of fundamental rights. A purely individual dispute between a consumer and a manufacturer or a service provider concerning a good, product or service should be covered only when the matter contains an element of public interest, for instance concerning a product or service which fails to comply with environmental or safety standards. |
Or. en
Amendment 13
Proposal for a directive
Recital 20
| Text proposed by the Commission | Amendment |
| (20) Abusive court proceedings typically involve litigation tactics used in bad faith such as delaying proceedings, causing disproportionate costs to the defendant in the proceedings or forum shopping. These tactics are used by the claimant for other purposes than gaining access to justice. Such tactics are often, although not always, combined with various forms of intimidation, harassment or threats. | (20) The imbalance of power between the parties which is characteristic of SLAPPs typically derives from the exploitation of economic advantage and political influence by the claimant against the defendant. Other indicators for abusive court proceedings involve litigation tactics used in bad faith such as delaying proceedings, initiating multiple proceedings on similar matters, causing disproportionate costs to the defendant in the proceedings or forum shopping. The past conduct of the claimant and, in particular, any history of legal intimidation should also be considered when determining whether the court proceedings are abusive in nature. These tactics are used by the claimant for other purposes than gaining access to justice. Such tactics are often, although not always, combined with various forms of intimidation, harassment or threats. |
Or. en
Amendment 14
Proposal for a directive
Recital 22
| Text proposed by the Commission | Amendment |
| (22) A matter should be considered to have cross-border implications unless both parties are domiciled in the same Member State as the court seised. Even where both parties are domiciled in the same Member State as the court seised, a matter should be considered to have cross-border implications in two other types of situations. The first situation is where the specific act of public participation concerning a matter of public interest at stake is relevant to more than one Member State. That includes for instance public participation in events organised by Union institutions, such as appearances in public hearings, or statements or activities on matters that are of specific relevance to more than one Member State, such as cross-border pollution or allegations of money laundering with potential cross-border involvement. The second situation where a matter should be considered to have cross-border implications is when the claimant or associated entities have initiated concurrent or previous court proceedings against the same or associated defendants in another Member State. These two types of situations take into consideration the specific context of SLAPPs. | (22) A matter should be considered to have cross-border implications unless both parties are domiciled in the same Member State as the court seised. Even where both parties are domiciled in the same Member State as the court seised, a matter should be considered to have cross-border implications in two other types of situations. The first situation is where the specific act of public participation is directly relevant to or accessible, via electronic means or otherwise, in more than one Member State. That includes for instance public participation in events organised by Union institutions, such as appearances in public hearings, or statements or activities on matters that are of specific relevance to more than one Member State, such as cross-border pollution or allegations of money laundering with potential cross-border involvement. An act of public participation should be considered to be accessible in more than one Member State, in particular, if it is carried out on the internet, for example in the case of social media campaigns or online media coverage. The ubiquitous nature of the internet warrants considering acts of public participation that are accessible in more than one Member State to be matters with cross-border implications. The effect of digital means of communication on the notion of cross-border elements has already been recognised in the case law of the Court of Justice of the European Union. The second situation where a matter should be considered to have cross-border implications is when the claimant or associated entities have initiated concurrent or previous court proceedings against the same or associated defendants in another Member State. These two types of situations take into consideration the specific context of SLAPPs. |
Or. en
Amendment 15
Proposal for a directive
Recital 22 a (new)
| Text proposed by the Commission | Amendment |
| (22a) Support should be available from the moment competent authorities become aware of the persons targeted by court proceedings against public participation and throughout the proceedings in accordance with the rights set out in this Directive. Support should be made available by a variety of means, including by providing comprehensive and independent information and advice, in a manner that is easily accessible to the public and free of charge, on procedures and remedies available, on protection against intimidation, harassment or threats of legal action, and on the rights of the person concerned, and by providing legal aid in cross-border civil proceedings, legal aid in further proceedings and legal counselling or other legal assistance which is deemed appropriate. Member States may provide for financial assistance and support measures, including psychological support, for those targeted by court proceedings against public participation. |
Or. en
Amendment 16
Proposal for a directive
Recital 25 a (new)
| Text proposed by the Commission | Amendment |
| (25a) Participation in proceedings against public participation exposes those targeted to particular psychological stress. The preparation for such proceedings and participation therein additionally ties up valuable resources of the defendants that they often do not have or that otherwise would have been invested in engaging in public participation. Such burden would be mitigated by allowing non-governmental organisations to take part or engage in the proceedings, either in support or on behalf of the defendant. |
Or. en
Amendment 17
Proposal for a directive
Recital 29
| Text proposed by the Commission | Amendment |
| (29) To ensure high expediency in the accelerated procedure on an application for early dismissal, Member States may set time limits for the holding of hearings or for the court to take a decision. They may as well adopt schemes akin to procedures in relation to provisional measures. Member States should make efforts to ensure that when the defendant has applied for other procedural safeguards, the decision is also taken in an expeditious manner. For expeditious treatment, Member States could take into account, amongst others, whether the claimant has initiated multiple or concerted proceedings in similar matters and the existence of attempts to intimidate, harass or threat the defendant. | (29) Courts or tribunals seised with an application for procedural safeguards, should act expeditiously in proceedings on the application, using the most expeditious procedures available under national law. To ensure high expediency in the accelerated procedure on an application for early dismissal, Member States should set time limits for the holding of hearings or for the court to take a decision. They may as well adopt schemes akin to procedures in relation to provisional measures. Member States should make efforts to ensure that when the defendant has applied for other procedural safeguards, the decision is also taken in an expeditious manner. For expeditious treatment, Member States could take into account, amongst others, whether the claimant has initiated multiple or concerted proceedings in similar matters and the existence of attempts to intimidate, harass or threat the defendant. |
Or. en
Amendment 18
Proposal for a directive
Recital 31
| Text proposed by the Commission | Amendment |
| (31) Costs should include all costs of the proceedings, including the full costs of legal representation incurred by the defendant unless such costs are excessive. Costs of legal representation exceeding amounts laid down in statutory fee tables should not be considered as excessive per se. Full compensation of damages should include both material and immaterial damages, such as physical and psychological harm. | (31) Costs should include all costs of the proceedings, including the full costs of legal representation incurred by the defendant unless such costs are excessive. Costs of legal representation exceeding amounts laid down in statutory fee tables should not be considered as excessive per se, but allow costs to be awarded in full, in accordance with national law. Where the national law does not provide for the full award of costs beyond statutory fees, the court should be able to award the full costs by whatever other means are available, in accordance with national law, including through the compensation of damages. |
Or. en
Amendment 19
Proposal for a directive
Recital 31 a (new)
| Text proposed by the Commission | Amendment |
| (31a) Full compensation for damage should include both material and immaterial damage, such as physical and psychological harm. In order for the defendant to be able to claim damages easily and in a timely manner, it should be possible to seek damages in the same proceedings as those brought against the defendant, where appropriate through a counter claim. |
Or. en
Amendment 20
Proposal for a directive
Recital 32 a (new)
| Text proposed by the Commission | Amendment |
| (32a) To ensure that the public can become aware of court decisions, Member States should establish a publicly accessible national register of relevant court decisions falling within the scope of this directive , in accordance with Union and national rules on the protection of personal data. The Commission should establish a publicly accessible Union register on the basis of the information from the registers of the Member States concerning relevant court decisions falling within the scope of this Directive, in accordance with Union rules on the protection of personal data. |
Or. en
Amendment 21
Proposal for a directive
Recital 33 a (new)
| Text proposed by the Commission | Amendment |
| (33a) As regards jurisdiction for defamation claims or other claims based on civil or commercial law which could constitute abusive court proceedings against public participation, the Member State of domicile of the defendant should be considered as the sole forum, having due regard to cases where the victims of defamation are private persons. With the exception of that rule concerning cases falling within the scope of this Directive, this Directive should not affect the application of Regulation (EU) No 1215/2012 of the European Parliament and of the Council1a (‘Brussels I Regulation’). | |
| __________________ | |
| 1a Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p.1). |
Or. en
Amendment 22
Proposal for a directive
Recital 33 b (new)
| Text proposed by the Commission | Amendment |
| (33b) This Directive establishes a special ground for the applicable law for publications as an act of public participation. In claims regarding a publication as an act of public participation, the applicable law should be considered to be the law of the place to which that publication is directed. Should that place not be possible to identify, the applicable law should be the law of the place of editorial control or relevant activity with regard to the act of public participation. In cases other than thoses covered by that exception, this Directive should not affect the application of Regulation (EC) No 864/2007 of the European Parliament and of the Council1a (‘Rome II Regulation’) . | |
| __________________ | |
| 1a Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II) (OJ L 199, 31.7.2007, p. 40). |
Or. en
Amendment 23
Proposal for a directive
Recital 34 a (new)
| Text proposed by the Commission | Amendment |
| (34a) Member States should encourage and work closely with civil society organisations, including recognised and active non-governmental organisations working with persons targeted by court proceedings against public participation, in particular with regard to policy-making initiatives, information and awareness-raising campaigns, research and education programmes, and training, as well as monitoring and evaluation of the impact of such measures. |
Or. en
Amendment 24
Proposal for a directive
Recital 34 b (new)
| Text proposed by the Commission | Amendment |
| (34b) Member States should be encouraged to take appropriate action to facilitate their cooperation to improve the access of those targeted by court proceedings against public participation to information on the procedural safeguards set out in this Directive and under national law. Such cooperation should cover the exchange of information on current practices within the Member States in cross border cases and the provision of assistance, where appropriate, to European networks and bodies such as the Fundamental Rights Agency, working on matters directly relevant to those targeted by court proceedings against public participation. |
Or. en
Amendment 25
Proposal for a directive
Recital 34 c (new)
| Text proposed by the Commission | Amendment |
| (34c) With due respect for the independence of the legal profession, Member States should encourage the adoption by professional associations of deontological rules that guide the conduct of legal professionals to discourage the taking up of abusive lawsuits against public participation, including, where appropriate, disciplinary sanctions for the violation of those rules. |
Or. en
Amendment 26
Proposal for a directive
Recital 34 d (new)
| Text proposed by the Commission | Amendment |
| (34d) Member States should, on a regular basis, provide to the Commission available data showing how those targeted by court proceedings against public participation have accessed the safeguards set out in this Directive. Based on the data provided by the Member States, the Commission should submit a report every five years on the evaluation and review of this Directive to the European Parliament and to the Council. Those reports should be made public. |
Or. en
Amendment 27
Proposal for a directive
Article 1 – paragraph 1
| Text proposed by the Commission | Amendment |
| This Directive provides safeguards against manifestly unfounded or abusive court proceedings in civil matters with cross-border implications brought against natural and legal persons, in particular journalists and human rights defenders, on account of their engagement in public participation. | This Directive provides safeguards against manifestly unfounded and abusive court proceedings in civil matters, as well as the threats thereof, having cross-border implications brought against natural and legal persons engaging in public participation. |
Or. en
Amendment 28
Proposal for a directive
Article 2 – paragraph 1
| Text proposed by the Commission | Amendment |
| This Directive shall apply to matters of a civil or commercial nature with cross-border implications, whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters or the liability of the State for acts and omissions in the exercise of State authority (acta iure imperii). | This Directive shall apply to matters of a civil or commercial nature having cross-border implications, including interim precautionary measures and counter claims, whatever the nature of the court or tribunal. It shall not extend, in particular, to revenue, customs or administrative matters or the liability of the State for acts and omissions in the exercise of State authority (acta iure imperii). |
Or. en
Amendment 29
Proposal for a directive
Article 2 a (new)
| Text proposed by the Commission | Amendment |
| Article 2a | |
| Minimum requirements | |
| 1. Member States may introduce or maintain more favourable provisions than the safeguards provided for in this Directive against manifestly unfounded and abusive court proceedings in civil matters. | |
| 2. The implementation of this Directive shall in no circumstances constitute grounds for a reduction in the level of safeguards already afforded by Member States in the matters covered by this Directive. |
Or. en
Amendment 30
Proposal for a directive
Article 3 – paragraph 1 – point 1
| Text proposed by the Commission | Amendment |
| 1. ‘public participation’ means any statement or activity by a natural or legal person expressed or carried out in the exercise of the right to freedom of expression and information on a matter of public interest, and preparatory, supporting or assisting action directly linked thereto. This includes complaints, petitions, administrative or judicial claims and participation in public hearings; | 1. ‘public participation’ means any statement or activity by a natural or legal person expressed or carried out in the exercise of the right to freedom of expression and information on a matter of public interest, or the freedom of assembly and association, such as complaints, petitions, administrative or judicial claims, the participation in public hearings, the creation, exhibition, advertisement or other promotion of journalistic, political, scientific, academic, artistic, satirical communications, publications or works, and any preparatory activities directly linked thereto. |
Or. en
Amendment 31
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point a
| Text proposed by the Commission | Amendment |
| (a) public health, safety, the environment, climate or enjoyment of fundamental rights; | (a) public health, safety, the environment, climate or enjoyment of fundamental rights, including consumer and labour rights; |
Or. en
Amendment 32
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point e a (new)
| Text proposed by the Commission | Amendment |
| (ea) activities advancing social change such as advocacy, reporting of violations of the law or ethical norms, petitions, addressing government officials or private entities, engaging in peaceful protests or boycotts, or speaking out against or commenting on misuse or abuse of power. |
Or. en
Amendment 33
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point -a (new)
| Text proposed by the Commission | Amendment |
| (-a) the exploitation of economic advantage and political influence by the claimant against the defendant, leading to an imbalance of power between the two parties; |
Or. en
Amendment 34
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c a (new)
| Text proposed by the Commission | Amendment |
| (ca) the use of procedural tactics, such as delaying proceedings, and forum shopping; |
Or. en
Amendment 35
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c b (new)
| Text proposed by the Commission | Amendment |
| (cb) a history of legal intimidation by the claimant, in the form of threats of legal action; |
Or. en
Amendment 36
Proposal for a directive
Article 4 – paragraph 2 – point a
| Text proposed by the Commission | Amendment |
| (a) the act of public participation concerning a matter of public interest against which court proceedings are initiated is relevant to more than one Member State, or | (a) the act of public participation concerns a matter of public interest relevant to, or accessible via electronic means or otherwise in, more than one Member State, or |
Or. en
Amendment 37
Proposal for a directive
Article 5 – paragraph 3
| Text proposed by the Commission | Amendment |
| 3. Member States may provide that measures on procedural safeguards in accordance with Chapters III and IV can be taken by the court or tribunal seised of the matter ex officio. | 3. Member States shall provide that measures on procedural safeguards in accordance with Chapters III and IV can be taken by the court or tribunal seised of the matter ex officio. |
Or. en
Amendment 38
Proposal for a directive
Article 5 a (new)
| Text proposed by the Commission | Amendment |
| Article 5a | |
| Expeditious court proceedings | |
| Member States shall ensure that courts or tribunals seised with an application referred to in Article 5 act expeditiously in the proceedings in relation to which the application has been sought, using the most expeditious procedures available under national law. |
Or. en
Amendment 39
Proposal for a directive
Article 5 b (new)
| Text proposed by the Commission | Amendment |
| Article 5b | |
| Assistance to natural or legal persons engaging in public participation | |
| Member States shall ensure that natural or legal persons engaging in public participation have access, as appropriate, to support measures, in particular the following: | |
| (a) comprehensive and independent information and advice which is easily accessible to the public and free of charge on procedures and remedies available, on protection against intimidation, harassment or threats of legal action, and on their rights; and | |
| (b) legal aid in cross-border civil proceedings in accordance with Directive 2003/8/EC of the Council, and, in accordance with national law, legal aid in further proceedings, and legal counselling or other legal assistance; | |
| (c) financial assistance and support measures, including psychological support, for those targeted by abusive court proceedings against public participation. |
Or. en
Amendment 40
Proposal for a directive
Article 7 – paragraph 1
| Text proposed by the Commission | Amendment |
| Member States shall take the necessary measures to ensure that a court or tribunal seised of court proceedings against public participation may accept that non-governmental organisations safeguarding or promoting the rights of persons engaging in public participation may take part in those proceedings, either in support of the defendant or to provide information. | Member States shall take the necessary measures to ensure that a court or tribunal seised of court proceedings against public participation may accept that non-governmental organisations with a legitimate interest in safeguarding or promoting the rights of persons engaging in public participation may take part in those proceedings, either in support of the defendant or to provide information. |
Or. en
Amendment 41
Proposal for a directive
Article 7 a (new)
| Text proposed by the Commission | Amendment |
| Article 7a | |
| Third party substitution | |
| Member States shall take the necessary measures to ensure that a court or tribunal seised of court proceedings against public participation may accept that non-governmental organisations engage on behalf of the defendant, subject to the defendant’s approval, in any proceedings , covered under this directive. |
Or. en
Amendment 42
Proposal for a directive
Article 9 – paragraph 2
| Text proposed by the Commission | Amendment |
| 2. Member States may establish time limits for the exercise of the right to file an application for early dismissal. The time limits shall be proportionate and not render such exercise impossible or excessively difficult. | 2. Member States shall establish proportionate and reasonable time limits for the exercise of the right to file an application for early dismissal. |
Or. en
Amendment 43
Proposal for a directive
Article 14 – paragraph 1 a (new)
| Text proposed by the Commission | Amendment |
| Where national law does not guarantee the award in full of the costs of legal representation beyond statutory fee tables, Member States shall ensure that such costs are fully covered by whatever other means are available, in accordance with national law and where appropriate in accordance with Article 15. |
Or. en
Amendment 44
Proposal for a directive
Article 15 – paragraph 1
| Text proposed by the Commission | Amendment |
| Member States shall take the necessary measures to ensure that a natural or legal person who has suffered harm as a result of an abusive court proceedings against public participation is able to claim and to obtain full compensation for that harm. | Member States shall take the necessary measures to ensure that a natural or legal person who has suffered harm as a result of an abusive court proceedings against public participation is able to claim and to obtain full compensation for that harm without the need to initiate separate court proceedings to that end. |
Or. en
Amendment 45
Proposal for a directive
Article 16 a (new)
| Text proposed by the Commission | Amendment |
| Article 16a | |
| National Registers | |
| Member states shall take appropriate measures to establish a publicly accessible register of relevant court decisions falling within the scope of this Directive, in accordance with Union and national rules on the protection of personal data. |
Or. en
Amendment 46
Proposal for a directive
Article 18 – paragraph 1
| Text proposed by the Commission | Amendment |
| Member States shall ensure that, where abusive court proceedings on account of engagement in public participation have been brought in a court or tribunal of a third country against a natural or legal person domiciled in a Member State, that person may seek, in the courts or tribunals of the place where he is domiciled, compensation of the damages and the costs incurred in connection with the proceedings before the court or tribunal of the third country, irrespective of the domicile of the claimant in the proceedings in the third country. | Member States shall ensure that, where abusive court proceedings on account of engagement in public participation have been brought in a court or tribunal of a third country against a natural or legal person domiciled in a Member State, that person shall have the right to seek, in the courts or tribunals of the place where he is domiciled, compensation of the damages and the costs incurred in connection with the proceedings before the court or tribunal of the third country, irrespective of the domicile of the claimant in the proceedings in the third country. |
Or. en
Amendment 47
Proposal for a directive
Chapter V a (new)
| Text proposed by the Commission | Amendment |
| Chapter Va | |
| Jurisdiction, applicable law and relations with Union private international law instruments | |
| Article 18a | |
| Jurisdiction for defamation claims | |
| In defamation claims or other claims based on civil or commercial law which may constitute a claim under this Directive, the domicile of the defendant shall be considered to be the sole forum, having due regard to cases where the victims of defamation are private persons. | |
| Article 18b | |
| Relation with the Brussels I Regulation | |
| With the exception of Article 18a of this Directive, this Directive shall not affect the application of the Brussels I Regulation. | |
| Article 18c | |
| Applicable law for publications as an act of public partcipation | |
| In claims regarding a publication as an act of public participation the applicable law shall be the law of the place to which that publication is directed to. In the event of it not being possible to identify the place to which the publication is directed, the applicable law shall be the law of the place of editorial control or of the relevant editorial activity with regard to the act of public participation. | |
| Article 18d | |
| Relation with the Rome II Regulation | |
| With the exception of Article 18c of this Directive, this Directive shall not affect the application of the Rome II Regulation. |
Or. en
Amendment 48
Proposal for a directive
Chapter V b (new)
| Text proposed by the Commission | Amendment |
| Chapter Vb | |
| Other provisions | |
| Article 18e | |
| Union Register | |
| The Commission shall take appropriate measures to establish a publicly accessible Union register on the basis of the information provided in accordance with Article 16a of relevant court decisions falling within the scope of this Directive, in accordance with Union rules on the protection of personal data. | |
| Article 18f | |
| Awareness raising | |
| Member States shall take appropriate action, including via electronic means, aimed at raising awareness about strategic lawsuits against public participation and the procedural safeguards set out in this Directive against them. Such action may include information and awareness raising campaigns and research and education programmes, where appropriate in cooperation with relevant civil society organisations and other stakeholders. | |
| Article 18g | |
| One-stop shop | |
| Member States shall, with the support of the Commission, take appropriate measures to establish a ‘one-stop shop' comprising dedicated national networks of specialised lawyers, legal practitioners and psychologists, which targets of SLAPPs can contact, and through which they can receive guidance and easy access to information on, and protection against SLAPPs, including regarding legal aid, financial and psychological support. | |
| Article 18h | |
| Training of practitioners | |
| 1. With due respect for the independence of the legal profession, Member States shall recommend that those responsible for the training of lawyers make available both general and specialist training to increase the awareness of strategic lawsuits against public participation and the procedural safeguards against them provided for in this Directive. | |
| 2. Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall request that those responsible for the training of judges make available both general and specialist training to increase the awareness of judges of the needs of natural or legal persons engaging in public participation. | |
| 3. Through their public services or by funding SLAPP support organisations, Member States shall encourage initiatives enabling those providing support to those targeted by manifestly unfounded or abusive court proceedings against public participation to receive adequate training. | |
| Article 18i | |
| Cooperation and coordination of services | |
| Member States shall take appropriate action to facilitate cooperation between Member States to improve the access of those targeted by manifestly unfounded or abusive court proceedings against public participation to information on procedural safeguards provided for in this Directive and under national law. Such cooperation shall be aimed at least at: | |
| (a) the exchange of current practices; and | |
| (b) the provision of assistance to European networks working on matters directly relevant to those targeted by manifestly unfounded or abusive court proceedings against public participation. | |
| Article 18j | |
| Deontological rules for legal professionals | |
| Member States shall, with due respect for the independence of the legal profession, encourage the adoption by professional associations of deontological rules that guide the conduct of legal professionals to discourage the taking up of abusive lawsuits against public participation, including, where appropriate, disciplinary sanctions for the violation of those rules. |
Or. en
Amendment 49
Proposal for a directive
Article 20 – paragraph 1
| Text proposed by the Commission | Amendment |
| Member States shall provide the Commission with all relevant information regarding the application of this Directive by [5 years from the date of transposition]. On the basis of the information provided, the Commission shall by [6 years from the date of transposition] at the latest, submit to the European Parliament and the Council a report on the application of this Directive. The report shall provide an assessment of the evolution of abusive court proceedings against public participation and the impact of this Directive in the Member States. If necessary, the report shall be accompanied by proposals to amend this Directive. | Member States shall provide the Commission with all relevant information regarding the application of this Directive, in particular. available data showing how those targeted by court proceedings against public participation have accessed the safeguards provided for in this Directive, by [3 years from the date of transposition] and every year thereafter. On the basis of the information provided, the Commission shall by [4 years from the date of transposition] and every five years thereafter, submit to the European Parliament and the Council a report on the application of this Directive. The report shall provide an assessment of the evolution of abusive court proceedings against public participation and the impact of this Directive in the Member States. If necessary, the report shall be accompanied by proposals to amend this Directive. Those reports shall be made public. |
Or. en
Amendment 50
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1
| Text proposed by the Commission | Amendment |
| Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [2 years from the date of entry into force of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions. | Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [1 years from the date of entry into force of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions. |
Or. en