35 Amendments of Massimiliano SMERIGLIO related to 2022/0117(COD)
Amendment 63 #
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 (“Strategic lawsuits against public participation”)
Amendment 65 #
Proposal for a directive
Recital 2
Recital 2
(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 ( Article 12) and to an effective remedy and to a fair trial (Article 47).
Amendment 71 #
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 including online, in particular journalists and human rights defend, editors and media organisations as well as human rights defenders, including civil society, non-governmental organisations and trade unions, but also researchers, academics, artists and whistleblowers, 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 78 #
Proposal for a directive
Recital 5
Recital 5
(5) Journalists, news editors and press publishers play an important role in facilitating public debate and in the imparting and reception of information, opinions and ideas. It is essential that they are afforded the necessary space to contribute to an open, free and fair debate and to counter disinformation, information manipulation and interference. Journalists should be able to conduct their activities effectively to ensure that citizens have access to a plurality of views in European democracies.
Amendment 83 #
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, promote accountability, 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, labour rights, trade union rights or religious freedoms. Other participants in public debate, such as academics and researchers, artists and whistleblowers also deserve adequate protection.
Amendment 84 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) Unfounded or abusive litigation often targets minorities. Racial, religious and ethnic minorities in particular are too often subjected to structural discrimination, as evidenced in the EU anti-racism action plan 2020-2025. Special attention should be paid to ensure that this Directive effectively helps to combat this phenomenon and improve the situation. In addition, among human rights defenders women, LGBTIQ and gender rights defenders play a crucial role in advocating a gender-equal Europe. This Directive should foresee their active participation to help curb abusive litigation and allow the highest possible protection for gender-based victims of SLAPPs.
Amendment 109 #
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, including the conditions under which these are produced or provided, 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 114 #
Proposal for a directive
Recital 20
Recital 20
(20) Abusive court proceedings typically involve litigation tactics used in bad faith such as exaggerated or excessive damage claims, requesting disproportionate prior restraint measures, 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.
Amendment 119 #
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 or accessible, including online, to more than one Member State. That includes for instance public participation in events organised by Union institutions, such as appearances in public hearings, or statements or activities including social media campaigns and online media coverage 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 125 #
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 proceduralall costs directly incurred, including procedural costs, legal representation 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 137 #
Proposal for a directive
Recital 33
Recital 33
(33) In the cross-border context, it is also important to recognize the threat of SLAPPs from third countries targeting journalists, human rights defenders and other persons engaged in public participation who are domiciled in the European Union. They may involve excessive damages awarded against EU journalists, human rights defenders and otherspersons engaged in public participation. Court proceedings in third- countries are more complex and costly for the targets. To protect democracy and freedom of expression and information in the European Union and to avoid that the safeguards provided by this Directive are undermined by recourse to court proceedings in other jurisdictions, it is important to provide protection also against manifestly unfounded and abusive court proceedings in third countries.
Amendment 143 #
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39 a) Following the adoption of this Directive, awareness rising campaigns as well as specific training should be deployed in order to inform at best all the potential targets and legal professionals of the specificities of SLAPPs cases, help them identify if they are facing SLAPPs and inform them of potential recourse and appeals. More generally, adequate resources need to be invested to effectively inform citizens of their civic rights to public participation, and the sharing of best practices at EU level should be encouraged.
Amendment 144 #
Proposal for a directive
Recital 39 b (new)
Recital 39 b (new)
(39 b) Given the profound impact of these SLAPPs cases on the potential target's lives and mental health issues that can occur, Member states should set up specific psychological support to accompany them.
Amendment 145 #
Proposal for a directive
Recital 39 c (new)
Recital 39 c (new)
(39 c) SLAPP cases targeting media outlets may aim to cause their closing down. A specific tool should be envisaged in order to ensure the economic sustainability of media organisations facing such cases and their ability to resist such attacks, as part of securing a framework favourable to media pluralism.
Amendment 146 #
Proposal for a directive
Recital 39 d (new)
Recital 39 d (new)
Amendment 149 #
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 and legal persons, in particularnotably journalists and human rights defenders, on account of their engagementd in public participation including online.
Amendment 153 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘public participation’ means any statement or activity including online 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, andbe they preparatory, supporting or assisting action directly linked thereto. This may includes complaints, petitions, administrative or judicial claims and participation in public hearings; as well as creation, exhibition, advertising or other promotion of journalistic, political, scientific, academic, artistic, commentary or satirical communications, publications or works, online as well as offline.
Amendment 157 #
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, consumer or labour rights or enjoyment of fundamental rights including right of information and expression, media freedom and pluralism;
Amendment 177 #
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 to more than one Member State, either due to the cross- border nature or dimension of the act itself, or due to the interest which the public in different Member States may take in the matter concerned by the act; or
Amendment 180 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) early dismissal of manifestly unfoundedunfounded or abusive court proceedings in accordance with Chapter III;
Amendment 183 #
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 185 #
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 192 #
Proposal for a directive
Chapter III – title
Chapter III – title
III Early dismissal of manifestly unfounded court proceedings
Amendment 195 #
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 unfoundedunfounded or abusive.
Amendment 197 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Member States mayshall establish time limits for the exercise of the right to file an application for early dismissal. The time limits shall be proportionate and not render such exercise impossible or excessively difficult.
Amendment 200 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
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 unfoundedunfounded or abusive.
Amendment 206 #
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 canmust 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.
Amendment 207 #
Proposal for a directive
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
Member States should foresee that national courts are able to indemnify those costs that are not encompassed in statutory fee tables, such as costs for legal representation beyond statutory fee tables through compensation of damages pursuant to Article 15
Amendment 209 #
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, irrelevant of whether it may be physical, psychological or reputational.
Amendment 211 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
Deontological rules for legal professionals Member States should report on a regular and timely manner on the measures they undertake to ensure that the deontological rules that govern the conduct of legal professionals and the disciplinary sanctions for violation of those rules consider and include appropriate measures to discourage abusive lawsuits against public participation, with all due respect for the independence of the legal professions and in close cooperation with relevant stakeholders including professional associations and other social partners, as indicated in the Recommendation (EU) 2022/758. This may include encouraging self-regulation by associations of legal professionals and/or, when this is consistent with national law and in full respect of the independence of the legal profession, take initiatives for legislation or co-regulation.
Amendment 213 #
Proposal for a directive
Article 16 – paragraph 1 b (new)
Article 16 – paragraph 1 b (new)
Training for legal professionals With all due respect for the independence of the legal professions and in application of the Recommendation, Member States should report on a regular and timely basis on the specific training they may foresee for legal professionals, be they lawyers or judges to raise awareness on these specific cases and procedures attached as set in this Directive and as implemented at national level
Amendment 215 #
Proposal for a directive
Article 16 – paragraph 1 c (new)
Article 16 – paragraph 1 c (new)
With due regard to the financial impacts of the SLAPP cases, notably in the media sector, a European fund for support to victims including financial and legal support should be implemented.
Amendment 216 #
Proposal for a directive
Article 16 – paragraph 1 d (new)
Article 16 – paragraph 1 d (new)
Member States shall provide that courts or tribunals seized of proceedings against news media organisations or professionals shall keep the steps, duration and costs of the proceedings reasonable and predictable.
Amendment 217 #
Proposal for a directive
Article 16 – paragraph 1 e (new)
Article 16 – paragraph 1 e (new)
Member states should provide mental health support to victims of SLAPP cases.
Amendment 221 #
Proposal for a directive
Article 21 – paragraph 2 – point 1 (new)
Article 21 – paragraph 2 – point 1 (new)
(1) This Directive shall apply to existing and ongoing charges against public participation.