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”)
LIBE-PA-745244
Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Ramona Strugariu
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The draft opinion concerns a proposed directive to protect people engaged in public participation from manifestly unfounded or abusive court proceedings, known as SLAPPs. It proposes a broad definition of public participation and of SLAPPs, covering claims with some legal merit that abuse the judicial process.¶¶¶ It calls for an early dismissal mechanism available ex officio or on application, with the burden of proof on the claimant, and without the Commission's split between manifestly unfounded and abusive cases.¶¶ It asks member states to extend the rules to domestic and criminal cases, to adopt ethical rules for lawyers, and the Commission to review the Brussels Ia and Rome II Regulations on forum shopping.¶¶¶
Committee position. The rapporteur proposes to broaden the definition of public participation and of SLAPPs, to make the early dismissal mechanism available to all victims with the burden of proof on the claimant, and to ask member states to extend the rules to domestic and criminal cases and the Commission to review the Brussels Ia and Rome II Regulations.¶¶¶
Key points
- SLAPPs are abusive lawsuits brought to prevent, restrict or penalise public participation, often causing financial and psychological damage and overburdening courts.¶¶
- The number of SLAPPs has risen, with CASE research showing an increase of over 400 % in 2021 and nearly 1000 active lawsuits against media in Croatia by April 2021.¶
- The directive should define SLAPPs to include both manifestly unfounded claims and claims with some legal merit that abuse rights.¶
- Victims can be natural or legal persons, including journalists, media outlets, activists, editors, human rights defenders and private individuals engaged in public participation.¶
- The definition of public participation should be broadened to cover freedoms of association and assembly, academic freedoms, and media pluralism and media freedom.¶
- An early dismissal mechanism should be available ex officio or at the defendant's request, with no higher admissibility threshold than other safeguards, and accessible to all SLAPP victims.¶
- The claimant should bear the burden of proof and only need to establish a prima facie case for each element of the cause of action.¶
- Member states should extend the provisions to domestic cases and criminal law cases, not only cross-border civil and commercial cases.¶
- Member states should consider rules on lawyers' ethics to sanction participation in initiating SLAPPs or disguising them as founded claims.¶
- The Commission should review the Brussels Ia and Rome II Regulations to address other potential instances of forum shopping.¶
Who is affected
- Journalists, media outlets, activists, editors, human rights defenders and private individuals engaged in public participation.¶
- Member states, which should extend the rules to domestic and criminal cases and adopt ethical rules for lawyers.¶¶
- The Commission, which should review the Brussels Ia and Rome II Regulations.¶