Activities of Jorge BUXADÉ VILLALBA related to 2022/0117(COD)
Shadow reports (1)
REPORT 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 (28)
Amendment 52 #
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Adopts itsRejects the position at first reading hereinafter set out;
Amendment 56 #
Proposal for a directive
Citation 4 a (new)
Citation 4 a (new)
Rejects the proposal.
Amendment 71 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5 a) Notes that journalists have the right and duty to convey information as accurately as possible, reducing, limiting and eliminating its manipulation, especially when it is motivated by a partisan or ideological vision.
Amendment 77 #
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 backgroundmen's and women’s rights, the rights of minorities, labour rights or religious and ideological freedoms. Other participants in public debate, such as academics and researchers, or representatives of political parties also deserve adequate protection.
Amendment 84 #
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 publicgovernment authority or other powerful actors, be they domestic or foreign. In order to secure meaningful participation, people should be able to access reliable, truthful and unmanipulated 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 10
Recital 10
(10) SLAPPs are typically initiated by powerful entities, for example individuals, lobby groups, corporations and European and foreign 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.
Amendment 107 #
Proposal for a directive
Recital 15
Recital 15
(15) The Directive does not apply to claims arising out of liability of the State for actions or omissions in the exercise of State authority (acta iure imperii) and claims against officials who act on behalf of the State and liability for acts of public authorities, including liability of publicly appointed office-holders, nor to those relating to corruption or misappropriation of public funds.
Amendment 117 #
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.
Amendment 125 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20 a) Not all legal actions against natural or legal persons engaging in acts of public participation relating to matters of public interest should be considered SLAPPs; in order to avoid impunity for these actors, it is necessary that there be quantitative or qualitative evidence that may give cause for their categorisation as SLAPPs.
Amendment 128 #
Proposal for a directive
Recital 21
Recital 21
(21) A potential cross-border dimension of SLAPPs adds to the complexity and challenges faced by defendants, as they may need to deal with proceedings in other jurisdictions, sometimes in multiple jurisdictions at the same time. This, in turn, results in additional costs and burdens with even more adverse consequences.
Amendment 147 #
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. Full compensation of damages should include both material and immaterial damages, such as physical and psychological harmshall be subject to the laws of each of the Member States as regards the rules on recognition, amounts and procedures.
Amendment 158 #
Proposal for a directive
Recital 34
Recital 34
Amendment 178 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive shall apply to matters of a civil or commercial 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). This Directive shall not apply in the cases provided for in Article 1(2)(g) of Regulation 864/2007 of 11 July 2007 on the law applicable to non-contractual obligations (Rome II).
Amendment 190 #
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;
Amendment 194 #
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point e
Article 3 – paragraph 1 – point 2 – point e
Amendment 213 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point b
Article 3 – paragraph 1 – point 3 – point b
(b) the existence of multiple baseless proceedings initiated by the claimant or associated parties in relation to similar matters;
Amendment 223 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
3a. 'damage' means that set out under Article 2(1) of Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II)
Amendment 243 #
Proposal for a directive
Article 7
Article 7
Amendment 247 #
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, trade unions or political parties may take part in those proceedings, either in support of the defendant or to provide information.
Amendment 250 #
Proposal for a directive
Article 8
Article 8
Amendment 253 #
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 procedural costs and damages, if it considers such security appropriate in view of presence of elements indicating abusive court proceedings where there is clear evidence.
Amendment 269 #
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a Political parties Member States shall ensure that actions brought by political parties cannot be regarded by the judicial authority as abusive lawsuits against public participation in view of their status as entities of special public interest, except in cases where there is clear evidence of such intent as defined in this Directive.
Amendment 274 #
Member States shall ensure that an application for early dismissal is treated in an accelerated procedure in accordance with the applicable national legislation, taking into account the circumstances of the case and the right to an effective remedy and the right to a fair trial.
Amendment 279 #
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 unfounded, except where clear evidence is already known.
Amendment 285 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall ensure that a decision refusing or granting early dismissal pursuant to Article 9 is subject to an appeal in accordance with the national legislation applicable.
Amendment 289 #
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, in accordance with the national legislation applicable, 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 297 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall, in accordance with the national legislation applicable, 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.
Amendment 309 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Member States shall ensure that, where abusive court proceedings on account of engagement in public participation have been brought in a court or tribunal of a third country against a natural or legal person domiciled in a Member State, that person may seek, in the courts or tribunals of the place where he is domiciled, compensation of the damages and the costs incurred in connection with the proceedings before the court or tribunal of the third country, irrespective of the domicile of the claimant in the proceedings in the third country in the event that the authorities of the third country do not permit such action, provided that this is supported by credible evidence regarding the national law of the third country.