38 Amendments of Cristian TERHEŞ related to 2022/0117(COD)
Amendment 32 #
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings (“Strategic lawsuits against public participation”)
Amendment 42 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
Amendment 44 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) In a free and democratic society the judicial system has a duty to keep a balance between competing human rights such as the freedom of expression and information, on one side, and the right to protect one's reputation, private and family life, on the other side;
Amendment 45 #
Proposal for a directive
Recital 3 c (new)
Recital 3 c (new)
(3c) Transparency and objectivity of media platforms are critical to fight disinformation and misinformation as well as foreign political interference and manipulation; whereas journalists have to present the facts accurately and objectively, clearly distinguishing between facts and opinions, as well as properly quoting a source or referring to it;
Amendment 46 #
Proposal for a directive
Recital 3 d (new)
Recital 3 d (new)
(3d) Disinformation is a threat to the democratic process, but, at the same time, combating misinformation and disinformation cannot be used as a pretext to censor or restrict media freedom or freedom of expression;
Amendment 47 #
Proposal for a directive
Recital 3 e (new)
Recital 3 e (new)
(3e) Errors might occur during reporting the facts or information; whereas, in such cases, the journalists, publishers, media hubs, platforms etc. should, at the request of an interested party or at their own initiative, correct the record in order to accurately report or state the fact or the information; whereas such option would avoid unnecessary and costly litigations for all parties;
Amendment 49 #
Proposal for a directive
Recital 4
Recital 4
(4) The purpose of this Directive is to adopt measures relating to judicial cooperation in civil matters having cross- border implications as to eliminate the obstacles to the proper functioning of civil proceedings in order 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, 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 60 #
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. Hre individuals, groups and organizations in civil society that promote and protect universally recognised human rights and fundamental freedoms. As such, human rights defenders arefer 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, labour rights or religious freedoms. Other participants in public debate, such as academics and researchers, also deserve adequate protection committed to promoting and safeguarding civil, political, economic, social, cultural and environmental rights and to fighting against direct or indirect discrimination as listed in Article 21 of the Charter.
Amendment 91 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) A manifestly unfounded claim may be understood as a claim which is so obviously unfounded that there is no scope for any reasonable doubt. This needs to be assessed on a case-by-case basis in relation to each specific claim, in a court of law by an independent judge.
Amendment 94 #
Proposal for a directive
Recital 14
Recital 14
(14) This Directive should apply to any type of legal claim or action of a civil or commercial nature with cross-border implications as regards civil proceedings whatever the nature of the court or tribunal. This includes civil claims brought in criminal proceedings. It also includes interim and precautionary measures, counteractions or other particular type of remedies available under other instruments, excluding any type of criminal proceedings.
Amendment 112 #
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 shoppingrepresenting the harmful exercise of the right to access justice1a. 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. __________________ 1a ECHR definition on abuse of rights. https://www.echr.coe.int/Documents/Guid e_Art_17_ENG.pdf
Amendment 116 #
Proposal for a directive
Recital 23
Recital 23
(23) Defendants should be able to apply for the following procedural safeguards: a request for a security to cover procedural costs, or procedural costs and if applicable damages, a request for an early dismissal of manifestly unfounded court proceedinglaims, a request for remedies against abusive court proceedings (award of costs, compensation of damages and penalties), or some or all of them at the same time. Such procedural safeguards should be carefully taken into consideration in line with the right to an effective remedy and to a fair trial, as set out in Article 47 of the Charter. The court should always have discretion in individual cases to thoroughly review the matter at hand thereby allowing, if the national law permits, for speedy dismissal of manifestly unfounded claims without restriction of the effective access to justice.
Amendment 122 #
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 her a security to cover 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 lowensuring the balance is kept between that measure and the claimant's right of access to justice. 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 127 #
Proposal for a directive
Recital 30
Recital 30
Amendment 131 #
Proposal for a directive
Recital 30 a (new)
Recital 30 a (new)
(30a) A court decision regarding early dismissal should be subject to appeal and recourse in accordance to national law.
Amendment 133 #
Proposal for a directive
Recital 31
Recital 31
(31) Costs should include all types of costs of the proceedings available in the national law, 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. Full compensation of damages should include both material and immaterial damages, such as physical and psychological harmThe court should render the decisions on costs in accordance with national law.
Amendment 136 #
Proposal for a directive
Recital 32
Recital 32
(32) The main objective of giving courts or tribunals the possibility to impose penalties is to deter potential claimants from initiating abusive court proceedings against public participation. Such penalties should be proportionate to the elements of abuse identified. When establishing amounts for penalties, courts should take into account the potential for a harmful or chilling effect of the proceedings on public participation, including as related to the nature of the claim, whether the claimant has initiated multiple or concerted proceedings in similar matters and the existence of attempts to intimidate, harass or threat the defendant. The Member States should decide how these penalties should be paid.
Amendment 149 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive provides safeguards against manifestly unfounded claims or abusive court proceedings 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. This Directive shall not apply to criminal matters or arbitration and shall be without prejudice to criminal procedure law.
Amendment 152 #
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
This Directive lays down minimum rules, thus enabling the Member States to adopt or maintain provisions more favourable to persons engaged in the public participation, including national provisions establishing more effective procedural safeguards relating to freedom of expression and information.
Amendment 163 #
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point a
Article 3 – paragraph 1 – point 2 – point a
(a) fundamental rights, public health, safety, the environment, climate or enjoyment of fundamental rights;
Amendment 164 #
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point b
Article 3 – paragraph 1 – point 2 – point b
(b) activities of a public person or entity in the public eye or of public interest;
Amendment 166 #
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point c
Article 3 – paragraph 1 – point 2 – point c
(c) matters under public consideration or review by a legislative, executive, or judicial body, or any other public official proceedings;
Amendment 170 #
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point d
Article 3 – paragraph 1 – point 2 – point d
(d) allegations of corruption, fraud or other criminality offences;
Amendment 176 #
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 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: by initiating court proceedings which represent the harmful exercise of the right to access of justice in a manner that is manifestly inconsistent with or contrary to the purpose for which such right is granted. Indications of such a purpose can be2a: __________________ 2a ECHR interpretation of the notion of abuse of rights: https://www.echr.coe.int/Documents/Guid e_Art_17_ENG.pdf
Amendment 184 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c
Article 3 – paragraph 1 – point 3 – point c
Amendment 195 #
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, those persons can apply, in accordance with national law, for:
Amendment 197 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) early dismissal of manifestly unfounded court proceedingslaims, in accordance with national law, as provided in Chapter III;
Amendment 201 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 210 #
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 organisations safeguarding or promoting the rights of persons engaging in public participation may take part in those proceedings, either in support of the defendant or tocould, in accordance with national law, support the defendant in the proceedings or provide information.
Amendment 216 #
Proposal for a directive
Chapter III – title
Chapter III – title
Amendment 220 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall empowerallow courts and tribunals to adopt an early decision to, in accordance with national law, to asses a request for an early dismissal, in full or in part, of court proceedings against public participationclaims as manifestly unfounded.
Amendment 222 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 224 #
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. Member States shall ensure that an application for early dismissal is treated in an accelerated procedure manner if national law allows for it, taking into account the circumstances of the case and the right to an effective remedy and the right to a fair trial.
Amendment 225 #
Proposal for a directive
Article 10
Article 10
Amendment 226 #
Proposal for a directive
Article 11
Article 11
Amendment 227 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that an application for early dismissal is treated in an accelerated procedure, in accordance with national law, taking into account the circumstances and the merits of the case and the right to an effective remedy and the right to a fair trial.
Amendment 228 #
Proposal for a directive
Article 12
Article 12
Amendment 233 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall ensure that a decision refuslating tor granting early dismissal pursuant to Article 9 is subject to an appeal and recourse.