21 Amendments of Karen MELCHIOR related to 2022/0117(COD)
Amendment 51 #
Draft legislative resolution
Citation 2 a (new)
Citation 2 a (new)
— having regard to article 82(2)(b) of the Treaty on the Functioning of the European Union
Amendment 66 #
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 particulare.g journalists and, human rights defenders, non- governmental organisations, resarchers, academics, artists, politicians or engaged citizens 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 88 #
Proposal for a directive
Recital 9
Recital 9
(9) To foster this environment, it is important to protect jonaturnalists and human rights defenderlegal persons from court proceedings against public participation. Such court proceedings are not initiated for the purpose of access to justice, butseek to silence public debate typically using harassment and intimidation.
Amendment 103 #
Proposal for a directive
Recital 13
Recital 13
(13) The safeguards provided in this Directive should apply to any natural or legal person on account of their engagement in public participation. They should also protect natural or legal persons who, either on a professional or on a personal basis, support, assist or provide goods or services to another person for purposes directly linked to public participation on a matter of public interest. This involves for example lawyers, internet providers, publishing houses or print shops, which face or are threatened with court proceedings for providing services to the person targeted with court proceedings.
Amendment 116 #
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 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 including the principle of non- discrimination.
Amendment 137 #
Proposal for a directive
Recital 25 b (new)
Recital 25 b (new)
(25 b) Non-governmental organisations, representative associations, professional associations, trade unions or other entities having legitimate interest in safeguarding the rights of the defendant may take part in the proceeding in accordance with national law.
Amendment 161 #
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34 a) The provisions and safeguards of this Directive apply to all pending abusive court proceeding against public participation on the date of entry into force of the national law implementing the Directive and thereafter.
Amendment 174 #
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 and criminal 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 180 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive shall apply to matters of a civil or, commercial or criminal 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).
Amendment 185 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
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, academic freedom, freedom of association and assembly 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;
Amendment 215 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c
Article 3 – paragraph 1 – point 3 – point c
(c) intimidation, harassment or threats, in particular threats of legal actions, on the part of the claimant or his or her representatives, before or during proceedings.
Amendment 217 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c a (new)
Article 3 – paragraph 1 – point 3 – point c a (new)
(c a) the use of procedural tactics, such as delaying tactics, forum shopping or discontinuance of the case at a late stage of the proceedings.
Amendment 236 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) early dismissal of manifestly unfoundedabusive court proceedings in accordance with Chapter III;
Amendment 248 #
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 organisationsentities having a legitimate interest in safeguarding or promoting the rights of persons engaging in public participationthe defendant may take part in those proceedings in accordance with national laws, either in support of the defendant or to provide information.
Amendment 254 #
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, as defined in article 14, or for procedural costs and damages, if it considers such security appropriate in view of presence of elements indicating abusive court proceedings.
Amendment 256 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
Member States shall ensure that security for costs as referred to in paragraph 1 includes: (a) security for the anticipated procedural costs as defined in article 14, taking into account the economic situations of the parties. (b) security for subsidies, upon clear evidence that the proceedings cause severe deterioration of the economic situation of the defendant.
Amendment 258 #
Proposal for a directive
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
Member States shall ensure that the court or tribunal seised has the power to decide, at any stage of the proceedings, that the security for costs as referred to in paragraph 1 is definitively granted to the defendant.
Amendment 265 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall empower courts and tribunals to adopt an early decision to dismiss, in full or in part, court proceedings against public participation as manifestly unfoundedabusive.
Amendment 282 #
Member States shall ensure that where a defendant has applied for early dismissal, it shall be for the claimant to prove that the claim is not manifestly unfoundedhas some prospect of success.
Amendment 302 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
Member States shall ensure that courts or tribunal imposing penalties take due account of : (i) the economic situation of the claimant ; (ii) the nature and number of the elements indicating an abuse identified.
Amendment 304 #
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Article 16 a Member States shall ensure that remedies provided for in this chapter may apply regardless of the outcome of the main proceedings.