19 Amendments of Daniel BUDA related to 2022/0117(COD)
Amendment 172 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive provides safeguards against manifestly unfounded or abusive court proceedings in civil matters with cross- border implications brought against natural andor legal persons, in particular journalists, media outlets, activists, editors and human rights defenders, on account of their engagement in public participation, as well as against natural or legal persons engaged in preparatory activities to support or assist public participation.
Amendment 198 #
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point e a (new)
Article 3 – paragraph 1 – point 2 – point e a (new)
(ea) media pluralism and media freedom
Amendment 204 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 – introductory part
Article 3 – paragraph 1 – point 3 – introductory part
3. ‘abusive court proceedings against public participation’ mean court proceedings abusively brought in relation to public participation that are fully or partially unfounded and have as their main purpose to prevent, restrict or penalize public participation. Indications of such a purpose can be:
Amendment 209 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point a
Article 3 – paragraph 1 – point 3 – point a
(a) the disproportionate, excessive or unreasonablejustified nature of the claim or part thereof, and hence the disproportionate nature of the demands forming the subject of the claim;
Amendment 218 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c a (new)
Article 3 – paragraph 1 – point 3 – point c a (new)
(ca) the use by complainants or their representatives of dilatory and vexatious tactics.
Amendment 224 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. For the purposes of this Directive, a matter is considered to have cross-border implications unless both parties are domiciled or have their head offices in the same Member State as the court seised.
Amendment 225 #
Proposal for a directive
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. Where both parties to the proceedings are domiciled - or as the case may be, have their head office - in the same Member State as the court seised, the matter shall also be considered to have cross-border implications if:
Amendment 230 #
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) the act of public participation concerning a matter of public interest against which court proceedings are initiated is relevant tohas direct implications for more than one Member State, or
Amendment 232 #
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) the claimant or associated entities have initiated concurrent or previous court proceedings against the same or associated defendants in another Member State which have similar claims as their object.
Amendment 234 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that when court proceedings are brought against natural or legal persons on account of their engagement in public participation, as well as against natural or legal persons engaged in preparatory activities to support or assist public participation, those persons can apply for:
Amendment 255 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Member sStates shall ensure that in court proceedings against public participation, the court or tribunal seised has the power to require the claimant to provide security for procedural costs, or for procedural costs and damages, if it considers such security appropriate in view of presence of elements indicating manifestly unfounded or abusive court proceedings.
Amendment 263 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall empower courts and tribunals, without any unjustified delay, to adopt an early decision to dismiss, in full or in part, court proceedings against public participation as manifestly unfounded or as abusive.
Amendment 267 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
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 andto expedite proceedings so as to avoid any unjustified delay. The time limits shall be proportionate, specifically established and reasonable, and shall not render such exercise impossible or excessively difficult.
Amendment 271 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that if the defendant applies for early dismissalproceedings to be expedited under Article 9, the main proceedings are stayed until a final decision on that application is taken.
Amendment 273 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that an application for early dismissalto expedite proceedings under Article 9 is treated in an accelerated procedure, taking into account the circumstances of the case and the right to an effective remedy and the right to a fair trial, conducted within a reasonable time limit.
Amendment 280 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall ensure that where a defendant has applied for early dismissalproceedings to be expedited to avoid any unjustified delay, it shall be for the claimant to prove that the claim is not manifestly unfounded or abusive.
Amendment 286 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall ensure that a decision refusing or granting early dismissalto grant expedited proceedings pursuant to Article 9 is subject to an appeal.
Amendment 287 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States shall take the necessary measures to ensure that a claimant who has brought abusive court proceedings against public participation can be ordered, at the request of the respondent, to bear all the costs of the proceedings, including the full costs of legal representation incurred by the defendant, unless such costs are excessive or disproportionate in comparison to market costs.
Amendment 294 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
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. , except in cases where the amount of that compensation is excessive or manifestly disproportionate.