Activities of Viola VON CRAMON-TAUBADEL related to 2022/0117(COD)
Shadow opinions (1)
OPINION 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”)
Amendments (27)
Amendment 62 #
Proposal for a directive
Title 1
Title 1
Proposal for aDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILon protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings (“Strategicfrom abusive lawsuits against public participation” (SLAPPs)
Amendment 66 #
(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 and to an effective remedy and to a fair trial (Article 47).
Amendment 68 #
Proposal for a directive
Recital 3
Recital 3
(3) The right to freedom of expression and information as set forth in Article 11 of the Charter includes the right to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. Article 11 of the Charter should be given the meaning and scope of the correspondent Article 10 of the European Convention on Human Rights (“ECHR”) on the right to freedom of expression as interpreted by the European Court of Human Rights (“ECtHR”). The fundamental freedom of art and science as set forth in Article 13 of the Charter recalls that arts and scientific research shall be free of constraints and that academic feedom is repsected.
Amendment 70 #
Proposal for a directive
Recital 4
Recital 4
(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, such as civil society, non-governmental organisations and trade unions, activists, citizen journalists, researchers, academics, artists, whistleblowers and publishers of journalistic and artistic works 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’).
Amendment 82 #
Proposal for a directive
Recital 7
Recital 7
(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, the rights of migrants, refugees and asylum seekers, labour rights or religious freedoms. Other participants in online and offline public debate, such as academics and researchers, artists, cultural and creative workers, activists, and whistleblowers also deserve adequate protection.
Amendment 86 #
Proposal for a directive
Recital 8
Recital 8
(8) A healthy and thriving democracy requires that people are able to participate actively in public debate without undue interference by public authority or other powerful actors, be they domestic or foreign. Thus, it is essential to mainstream awareness raising about their rights and freedoms, along with ensuring adequate access to educational and training activities that develop media literacy and critical thinking. In order to secure meaningful participation, people should be able to access reliable information, which enables them to form their own opinions and exercise their own judgement in a public space in which different views can be expressed freely.
Amendment 92 #
Proposal for a directive
Recital 9
Recital 9
(9) To foster this environment, it is important to protect journalists and human rights defenders fromall persons and entities from abusive 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.
Amendment 98 #
Proposal for a directive
Recital 10
Recital 10
(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. SLAPPs can be used as a tactic to shrink the civic space for civil society to act and engage in public participation.
Amendment 107 #
Proposal for a directive
Recital 16
Recital 16
(16) Public participation should mean any statement or activity by a natural or legal person expressed or carried out, online and offline, in exercise of the right to freedom of expression and information on a matter of public interest, such as the creation, exhibition, advertisement or other promotion of journalistic, political, scientific, academic, artistic, commentary or satirical communications, publications or works, and any preparatory activities directly linked thereto. It can also include activities related to the exercise of the right to freedom of association and peaceful assembly, such as the organisation of or participation to lobbying activities, demonstrations and protests or activities resulting from the exercise of the right to good administration and the right to an effective remedy, such as the filing of complaints, petitions, administrative and judicial claims and participation in public hearings. Public participation should also include preparatory, supporting or assisting activities that have a direct and inherent link to the statement or activity in question and that are targeted to stifle public participation. In addition, it can cover other activities meant to inform or influence public opinion or to further action by the public, including activities by any private or public entity in relation to an issue of public interest, such as the organisation of or participation to research, surveys, campaigns or any other collective actions.
Amendment 108 #
Proposal for a directive
Recital 18
Recital 18
(18) The notion of a matter of public interest should include also quality, safety or other relevant aspects of goods, products or services, such as certain ingredients, country of origins, and production conditions, 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, labour rights, consumer rights, or human rights of those directly or indirectly involved.
Amendment 113 #
Proposal for a directive
Recital 20
Recital 20
(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. In this context, attention should also be paid to gender-based harassment as a particularly vicious indicator/form of abuse.
Amendment 116 #
Proposal for a directive
Recital 22
Recital 22
(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 statements or activities on matters which the public of more than one Member State may legitimately take an interest in, and therefore are or may become of relevance to more than one Member State, such as the enjoyment or abuse of rights or freedoms under EU law, including in the area of non-discrimination, gender equality and protection from violence against women, online and offline public participation acts 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.
Amendment 123 #
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24 a) Entities that are involved in defending the rights of persons engaging in public participation shall have the possibility to be part of the proceedings, in support of the defendants.
Amendment 126 #
Proposal for a directive
Recital 26
Recital 26
(26) To provide the defendant with an additional safeguard, there should be a possibility to grant him or therm a security to cover all costs, including procedural costs and/or damages, when the court considers that even if the claim is not manifestly unfounded, there are elements indicating an abuse of procedure and the prospects for success in the main proceedings are low. A security does not entail a judgement on the merits but serves as a precautionary measure ensuring the effects of a final decision finding an abuse of procedure. It should be for Member States to decide whether a security should be ordered by the court on its own motion or upon request by the defendant.
Amendment 132 #
Proposal for a directive
Recital 31
Recital 31
(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. Where the domestic law does not guarantee the compensation of costs for legal representation beyond statutory fee tables, the court should be enabled to indemnify costs not encompassed in statutory fee tables through the award of damages. Full compensation of damages should include both material and immaterial damages, such as physical and psychological harm.
Amendment 141 #
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34 a) For the efficiency, relevance and effectiveness of this directive, active and enhanced monitoring of SLAPP cases shall be ensured, and adequate support and resources to these monitoring efforts shall be guaranteed. The monitoring process shall include judicial authorities, professional organisations, non- governmental organisations, human rights defenders, journalists and other stakeholders involved or affected by the SLAPPs.
Amendment 148 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive provides safeguards against manifestly unfounded or abusive court proceedingsabusive lawsuits against public participation 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.
Amendment 151 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive shall apply to matterany type of legal claims of a civil or commercial nature with cross- border implications that are ongoing or continued before a national court at the time of its entry into force, 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).
Amendment 152 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘public participation’ means any statement or activity, physical or digital, 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 includesthe right to freedom of association and of assembly, academic freedom, freedom of science, artistic freedom, freedom of culture, and the right of collective bargaining and action, the right to good administration and the right to an effective remedy or other rights and freedoms, and preparatory, supporting or assisting action directly linked thereto. This includes any activity, regardless of the nature, medium or format, which serves the disclosure, dissemination or promotion of information to the public such as but not limited to demonstrations, protest, assemblies, performances, online content, complaints, petitions, administrative or judicial claims and participation in public hearings;
Amendment 158 #
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point a
Article 3 – paragraph 1 – point 2 – point a
(a) public health, safety, the environment, climate or enjoyment of fundamental rights including non- discrimination, gender equality and protection from violence against women;
Amendment 164 #
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point e
Article 3 – paragraph 1 – point 2 – point e
(e) scientific and research activities and activities aimed to fight disinformation;
Amendment 165 #
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point e a (new)
Article 3 – paragraph 1 – point 2 – point e a (new)
(e a) abuse or misuse of power by state or EU institutions and organs including systemic and state violence;
Amendment 182 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States mayshall 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.
Amendment 186 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
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 organisationentities safeguarding or promoting the rights of persons engaging in public participation, such as non-governmental organisations, professional and representative associations, trade unions and other collective bodies acting in the interest of the defendant, may take part in those proceedings, either in support of the defendant or to provide information.
Amendment 190 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Member states 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 proceduralcosts, including procedural and associated costs and damages, if it considers such security appropriate in view of presence of elements indicating abusive court proceedings.
Amendment 203 #
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 to bear all the costs of the proceedings, including the full costs of legal representation incurred by the defendant, unless such costs are excessive. This award of costs should be an automatic feature of the court's decision within the same proceedings relating to the given abusive lawsuit.
Amendment 208 #
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. To ensure that accessing such compensation is not a burden for the victims and to avoid perpetuating the negative impact of the SLAPPs on the victims, this compensation shouldn't require the filing of a separate formal claim by the defendant and should come as an automatic feature of the proceedings.