EC Anti-Strategic Lawsuits Directive

On Apr. 27, EC proposed a directive on abusive lawsuits or SLAPPs.

  • EC issued proposed directive to tackle abusive lawsuits against journalists and human rights defenders, known as strategic lawsuits against public participation (SLAPPs).
  • Follows UK MoJ Mar. 2022 issued CfE on litigations known as SLAPPs, see #133520.
  • Background
  • SLAPPS are a particular form of harassment used primarily against journalists and human rights defenders to prevent or penalize speaking up on public interest issues.
  • Proposed Directive
  • Proposals cover SLAPPs in civil matters with cross-border implications, enables judges to swiftly dismiss manifestly unfounded lawsuits against journalists, rights defenders.
  • Establishes several procedural safeguards and remedies, such as compensation for damages and dissuasive penalties for anyone attempting to launch abusive lawsuits.
  • Early dismissal of manifestly unfounded court proceedings, if case is dismissed as abusive will be for the claimant to bear all costs, including defendant's lawyers' fees.
  • The proposed directive also contains protection against third-country judgments.
  • The safeguards have been targeted to ensure the balance between access to justice and privacy rights with the protection of freedom of expression and information
  • Recommendation
  • EC also adopted a complementary recommendation to encourage member states to align their rules with proposed EU law also for domestic cases and in all proceedings.
  • Also calls on member states to take a range of other measures, including training, and aggregated data is to be collected at national level on abusive court proceedings.
  • Next Steps
  • The proposed directive will have to be negotiated and adopted by EP and the EU CNCL.
  • Recommendation is directly applicable, member states will need to report to EC on its implementation 18 months after adoption of recommendation, i.e. by Oct. 27, 2023.
  • Apr. 28, 2022 Proposal Sent to EU CNCL
  • On Apr. 28, 2022, EU CNCL issued cover letter and proposed directive on SLAPPs received from EC along with EC analytical staff working document on the proposals.
  • May 2022 Recommendation in OJ
  • On May 17, 2022, EU CMSN published Recommendation 2022/758 of Apr. 27, 2022 on protecting journalists and human rights defenders who engage in public participation from manifestly unfounded or abusive court proceedings in the EU official journal.
  • Member States should report on implementation to EC by end 2023, then on request.
  • May 2023 EP Opinion
  • On May 31, 2023, EP LIBE issued final opinion dated May 25, 2023, on the proposal.
  • Noted that the EC proposal is an excellent first step towards ending abusive litigation against public participation when there need for a common European solution.
  • But proposal would only address a small part of problem, as Union level competence is limited on matters of procedural law; it is therefore essential that further measures are taken by the Member States complementing those taken at Union level.
  • Upon entry into force of this Directive, Member States should not limit the extension of these provisions only to cross border cases in matters of civil and commercial law.
  • But should also extend them to domestic cases and to cases governed by criminal law.
  • At same time, following the period of review, EC should also take into consideration the possibility of tackling criminal cases of SLAPPs, through the appropriate measures.
  • The implementation of the recommendation accompanying this legislative proposal is also essential for its effectiveness; in this regard, Member States should also consider introducing dedicated rules governing ethic codes of lawyers/other legal practitioners, as to sanction participation in initiating SLAPPs or disguising them as founded claims.
  • Jun. 2023 EU CNCL General Approach
  • On Jun. 15, 2023, EU CNCL issued outcome of proceedings note on general approach.
  • At its meeting on Jun. 9, 2023, the Council (Justice and Home Affairs) approved a general approach in respect of the above proposal for a directive.
  • The text as approved by Council is set out in Annex; changes with respect to the text of EC’s proposal marked in bold (for additions) and by strikethrough (for deletions).
  • The general approach will constitute the mandate for the negotiations with the European Parliament in the context of the ordinary legislative procedure.
  • Jul. 11, 2023 EP Negotiating Position
  • On Jul. 11, 2023, EP adopted its negotiating position on proposed SLAPPs directive.
  • New rules should apply in cross-border cases where defendant, claimant, court, not in same country or where act relevant to more than 1 state and available electronically.
  • Directive foresees safeguards for victims, including compensation for psychological and reputational harm, also are recommendations to address domestic SLAPP cases.
  • EP wants states to establish one-stop-shops where victims can seek information and advice, and to ensure that legal practitioners receive adequate training on such cases.
  • Also asks member states to collect relevant data, especially on court decisions, and for EU CMSN to establish EU register on SLAPPs in order to ensure information recorded.
  • Talks between EP and member states to establish final legislation can now begin.
  • Document dated Jul. 11, 2023, received Jul. 12, and summarized on Jul. 14, 2023.
  • Jul. 19, 2023 Four-Column Table
  • On Jul. 19, 2023, EU CNCL issued note attaching four-column table on the proposal.
  • Nov. 30, 2023 EP and EU CNCL Agreement
  • On Nov. 30, 2023, EP announced deal on anti-SLAPPs directive agreed with EU CNCL.
  • Said despite EU CNCL attempts to significantly weaken the EU CMSN's proposals EP secured deal including a definition of cross-border cases, accelerated treatment for key procedural safeguards such as early dismissal and provisions on financial security.
  • As well as support measures on assistance, data collection, and compensation of costs.
  • On the same day EU CMSN welcomed the provisional political agreement on directive.
  • EP and EU CNCL must now formally adopt their political agreement, once approved the legislation will enter into force twenty days after its publication in the Official Journal.
  • Member states will have two years to transpose the legislation into national law.
  • Dec. 2023 EU CNCL Offer Letter to EP
  • On Dec. 25, 2023, EU CNCL issued information note attaching offer letter to the EP.
  • Follows Dec. 13 note re: confirmation of the compromise text with view to agreement.
  • Feb. 2024 EP Adoption
  • On Feb. 27, 2024, EP approved law, as agreed with Council Nov. 30, 2023, to ensure individuals and organizations are given protection from unfounded, abusive lawsuits.
  • Protection to apply to all cross-border cases except when both defendant and claimant are from the same EU country as the court or when case is only relevant to one state.
  • The directive was approved with 546 votes in favor, 47 against and 31 abstentions.
  • Directive will enter into force on 20th day following publication in EU Official Journal.
  • Member states will have two years to transpose the rules into their national systems.
  • Mar. 4, 2024 EU CNCL Note
  • On Mar. 4, 2024, EU CNCL issued note regarding outcome of Parliament's first reading.
  • When it voted on Feb. 27, 2024, plenary adopted compromise amendment (no. 126).
  • The Commission's proposal as thus amended constitutes the Parliament's first-reading position which is contained in its legislative resolution as set out in the Annex to note.
  • Parliament's position reflects what had been previously agreed between institutions.
  • The Council should therefore be in a position to approve the Parliament's position.
  • Act would then be adopted in wording which corresponds to the Parliament's position.
  • Mar. 7, 2024 Final Text
  • On Mar. 7, 2024, EU CNCL issued final text of the act for adoption (PE-CONS 88/23).
  • Mar. 11, 2024 Proposed Adoption
  • On Mar. 11, 2024, EU CNCL issued item note concerning proposed adoption of the act.
  • Coreper asked to confirm its agreement and to suggest that the Council approve EP's position, as set out in PE-CONS 88/23, as an "A" item at a forthcoming meeting.
  • Statements for minutes of Council meeting are set out in the Addendum to this note.
  • If the Council approves European Parliament's position, legislative act will be adopted.
  • Mar. 19, 2024 EU CNCL Adoption
  • On Mar. 19, 2024, EU CNCL confirmed its adoption of the anti-SLAPP law to protect persons who speak out on public interest matters against abusive lawsuits.
  • As a result procedural safeguards and measures will apply to manifestly unfounded claims or abusive court proceedings in civil matters with cross-border implications.
  • Including early dismissal of cases, with costs awarded to victim, potential damages.
  • Directive will enter into force on 20th day after that of its publication in EU Official Journal, member states then have 2 years to transpose law into national legislation.
  • Apr. 16, 2024 Official Journal
  • On Apr. 16, 2024, EU CMSN published EP and EU CNCL Dir 2024/1069 of Apr. 11, 2024 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings (Strategic lawsuits against public participation).
  • Directive enters in force on 20th day after publication in OJ, on May 6, 2024, member states then have 2 years to transpose law into national legislation, by May 7, 2026.

Regulators EP; EU CMSN; EU CNCL
Entity Types Corp
Reference OJ L, 4/16/2024; Dir 2024/1069, 4/11/2024; PR, 8003/24, 3/19/2024; PR, 3/11/2024; PR, 7298/24, ADD 1, 3/8/2024; PR, PE-CONS 88/23, 3/7/2024; PR, 3/4/2024; PR, 7153/24, 3/1/2024; PR, P9_TA(2024)0085, A9-0223/2023, 2/27/2024; PR, 12/25/2023; PR, 17026/23, 12/20/2023; PR, 16339/23, 16344/23, 12/13/2023; PR IP/23/6159, PR 20231127IPR15434, 11/30/2023; PR, 11628/23, 7/19/2023; PR 20230707IPR02420, 7/11/2023; PR, 10674/23, 6/15/2023; PR 5/31/2023; Rp PE745.244v02, 5/25/2023; OJ L L 138/30, 5/17/2022; SWD(2022) 117 final, 2022/0117(COD), 4/28/2022; Rec 2022/758, C(2022) 2428 final, Dir COM(2022) 177 final, PR IP/22/2652, 4/27/2022; Citation: PE-CONS 88/23; Dir 2024/1069;
Functions Anti-Bribery; Financial; Human Rights; Legal; Privacy; Reporting; Risk; Treasury
Countries European Union; Cross-Border
Category
State
Products Corporate
Regions EMEA
Rule Type Final
Rule Date 4/27/2022
Effective Date 5/6/2024
Rule Id 136895
Linked to Rule :133520
Reg. Last Update 4/16/2024
Report Section EU

Last substantive update on 04/17/2024