Activities of Ilana CICUREL related to 2022/0117(COD)
Plenary speeches (1)
Protection of journalists and human rights defenders from manifestly unfounded or abusive court proceedings (debate)
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 (40)
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 64 #
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 at all levels, (Article 12) and to an effective remedy and to a fair trial (Article 47).
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 67 #
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. The exercise of these freedoms is necessary in a democratic society for the protections of the reputation or rights of others, for preventing disclosure of information received in confidence or for maintaining the authority and impartiality of the judiciary as set forth in the Article 11 of the Charter. 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 and to hold your own opinons without government interference as interpreted by the European Court of Human Rights (“ECtHR”). This includes the right to express your views aloud in any given form.
Amendment 72 #
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, including to whistleblowers of all kind, such as civil society, non-governmental organisations, researchers, academics, students, artists, 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 76 #
Proposal for a directive
Recital 5
Recital 5
(5) Journalists 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. Journalists should be free to criticize without fear of prosecution or infringed right to freedom of expression and be ensured the protection, safety and empowerment.
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 89 #
Proposal for a directive
Recital 9
Recital 9
(9) To foster this environment, it is important to protect natural or legal persons who engage in public participation, in particular journalists and human rights defenders from 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. Court proceeding against public participations are restricting investigations and informing the public of legitimate public interest and therefore hindering the role of watchdogs and restraining the health of democracies.
Amendment 99 #
Proposal for a directive
Recital 11
Recital 11
(11) Court proceedings against public participation may have an adverse impact on the credibility and reputation of journalists and human rights defenders or any other natural or legal person expressed or carried out in exercise of the right to freedom of expression and information on a matter of legitimate public interest and exhaust their financial and other resources. Because of such proceedings, the publication of information on a matter of public interest may be delayed or altogether avoided. Moreover, court proceedings against public participation are often based on false accusations against journalists and human rights defenders.The length of procedures and the financial pressure may have a chilling effect on journalists and human rights defenders. The existence of such practices may therefore have a deterrent effect on their work by contributing to silencing critical voices, including self-censorship in anticipation of possible future court proceeding as not all SLAPPs reach the court and often remain as a threat of a lawsuits, which leads to the impoverishment of public debate to the detriment of society as a whole.
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 106 #
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 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 content, news and current affairs, 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 115 #
Proposal for a directive
Recital 21
Recital 21
(21) A cross-border dimension of SLAPPs adds to the complexity and challenges faced by defendants, as they 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 to the victims of SLAPPs with the intention to exhaust and silent them with even more adverse consequences.
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 122 #
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 only gaining access to justice in order to assert, vindicate or exercise a right. Such tactics are often, although not always, combined with various forms of intimidation, harassment or threats.
Amendment 133 #
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 harm.
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 154 #
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 rights such as 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, demonstrations, administrative or judicial claims and participation in public hearings;
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 163 #
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, abuse of power or criminality;
Amendment 172 #
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) litigation tactics used in bad faith to restrict the freedom of expression and information with the intent to silence or restrain public scrutiny on a matter of legitimate public interest.
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 187 #
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, as well as collective bodies acting in the sole interest of the defendant, may take part in those proceedings, either in support of the defendant or to provide information.
Amendment 205 #
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 beis 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 210 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point a
Article 3 – paragraph 1 – point 3 – point a
(a) the disproportionate, excessive or unreasonable nature of the claim or part thereof;, in particular with regard to the quantum of damages claimed.
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 219 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
Member States shall provide the Commission with all relevant information regarding the application of this Directive by [52 years from the date of transposition]. On the basis of the information provided, the Commission shall by [63 years from the date of transposition] at the latest, submit to the European Parliament and the Council a report on the application of this Directive. The report shall provide an assessment of the evolution of abusive court proceedings against public participation and the impact of this Directive in the Member States. If necessary, the report shall be accompanied by proposals to amend this Directive.
Amendment 220 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [21 years from the date of entry into force of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 227 #
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 because : (i) it concerns a matter that is of speficic interest for the public in more than one Member State, or (ii) it takes places on or is accessible, including via electronic means, from the territory of more than one Member State, or
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.