2022/0117(COD) | [ParlTrack]

Proposal for a directive
Recital 11

(11) Court proceedings against public participation may have an adverse impact on the credibility and reputation of journalists and human rights defenders 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. 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 self-censorship in anticipation of possible future court proceedings, which leads to the impoverishment of public debate to the detriment of society as a whole. Furthermore, such instances may also create precedents that ultimately lead to hampering public participation, spread of disinformation and lack of trust among the Union’s citizens. In addition to procedural safeguards, training for journalists and lawyers defending journalists in such cases can be a powerful support instrument and countermeasure against SLAPPs.

Amendment 101 #

Proposal for a directive
Recital 11

Amendment 102 #

Proposal for a directive
Recital 11

(11) Court proceedings against public participation may have an adverse impact on the credibility and reputation of jonaturnal~~ists~~ and ~~human rights defenders~~legal persons engaging in public participation 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. The length of procedures and the financial pressure may have a chilling effect on jonaturnal~~ists~~ and ~~human rights defenders~~legal persons engaging in public participation. The existence of such practices may therefore have a deterrent effect on their work by contributing to self- censorship in anticipation of possible future court proceedings, which leads to the impoverishment of public debate to the detriment of society as a whole.

Amendment 103 #

Proposal for a directive
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 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 104 #

Proposal for a directive
Recital 14 a (new)

(14 a) Defamation and especially criminal defamation is one of the legal instruments most typically abused for the purpose of SLAPPs (1a). A more human- rights approach should be applied in member states to decriminalize defamation, or at minimum address abusive use of criminal defamation in court proceedings and employ any possible ways to ensure that criminal defamation is included in the scope of this Directive towards the highest possible protection of defendants. _________________ 1a https://commission.europa.eu/system/files/ 2022-04/slapp_comparative_study_0.pdf

Amendment 105 #

Proposal for a directive
Recital 14 b (new)

(14 b) Given that most SLAPPs are on criminal cases, the scope of this Directive has to be extended to criminal procedures, even if at a later stage.

Amendment 106 #

Proposal for a directive
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 107 #

Proposal for a directive
Recital 16

(16) Public participation should mean any statement or activity by a natural or legal person expressed or carried out, online and offline, 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, 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 108 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
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, such as certain ingredients, country of origins, and production conditions, 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 of those directly or indirectly involved.

Amendment 109 #

Proposal for a directive
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 110 #

Proposal for a directive
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 111 #

Proposal for a directive
Recital 19

(19) Activities of a p~~erson or entity in the public eye or of public interest~~ublic figure are also matters of public interest to which the public may legitimately take an interest in. However, there is no legitimate interest involved where the sole purpose of a statement or activity concerning such a person or entity is to satisfy the curiosity of a particular audience regarding the details of a person’s private life.

Amendment 112 #

Proposal for a directive
Recital 20

(20) ~~Abusive c~~Court proceedings ~~typ~~may be considered as abusive by the competent judiciall authority when they involve litigation tactics used in bad faith such as delaying proceedings, causing disproportionate costs to the defendant in the proceedings or forum shopping. TIn these ~~tactics are used by the claimant for other purposes than gaining access to justice. Such tactics are often, although not always,~~cases where the claimant is in a significantly more influential position than the defendant, who is acting on a matter of public interest, it may be considered that the claimant doesn’t primarily seek to benefit from his basic right to access to justice. Such proceedings may be combined with various forms of intimidation, harassment or threats.

Amendment 113 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
Recital 20

Amendment 114 #

Proposal for a directive
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 115 #

Proposal for a directive
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 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. That includes for instance statements or activities on matters which the public of more than one Member State may legitimately take an interest in, and therefore are or may become of relevance to more than one Member State, such as the enjoyment or abuse of rights or freedoms under EU law, including in the area of non-discrimination, gender equality and protection from violence against women, online and offline public participation acts in events organised by Union institutions, such as appearances in public hearings, or statements or activities 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 117 #

Proposal for a directive
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. That includes for instance public participation in events organised by Union institutions, such as appearances in public hearings, or statements or activities 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~~A matter should also 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 118 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
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. That includes for instance public participation in events organised by Union institutions, such as appearances in public hearings, or statements or activities on matters that are of specific relevance to more than one Member State, such as, for instance 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 119 #

Proposal for a directive
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 120 #

Proposal for a directive
Recital 23

Amendment 121 #

Proposal for a directive
Recital 23 a (new)

(23 a) Bearing in mind that victims of ongoing and closed SLAPP cases may be subjected to financial burden, psychological pressure and other types of threats and intimidation, Member States should develop and oversee the implementation of support programmes, including a comprehensive range of necessary support measures, such as legal, financial, psychological and practical ones. There should also be a proper State reaction to the threats to the security and physical integrity of victims. Such support programmes should be developed respecting the specificity of the claim, the matter of public interest in question and of the specific situation of the victim.

Amendment 122 #

Proposal for a directive
Recital 24 a (new)

(24 a) The very broad range of SLAPPs targets calls for more resources, coordination, protection, networking, mapping, financial support and advocacy which should be achieved at the EU level.

Amendment 123 #

Proposal for a directive
Recital 24 a (new)

(24 a) Entities that are involved in defending the rights of persons engaging in public participation shall have the possibility to be part of the proceedings, in support of the defendants.

Amendment 124 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
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 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 125 #

Proposal for a directive
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~~all 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 126 #

Proposal for a directive
Recital 26

(26) To provide the defendant with an additional safeguard, there should be a possibility to grant ~~him or~~ therm a security to cover all costs, including 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 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 127 #

Proposal for a directive
Recital 27

(27) A stay of the proceedings, when an application for early dismissal has been filed, ensures that procedural activity is suspended, hence reducing the procedural costs of the defendant. Such a stay in proceedings must not be applied in bad faith in order to delay proceedings, thus denying the claimant effective ramedy.

Amendment 128 #

Proposal for a directive
Recital 29

(29) To ensure high expediency in the accelerated procedure on an application for early dismissal, Member States may set time limits for the holding of hearings or for the court to take a decision. They may a~~s well~~lso adopt schemes akin to procedures in relation to provisional measures. Member States should make efforts to ensure that when the defendant has applied for other procedural safeguards, the decision is also taken in an expeditious manner. For expeditious treatment, Member States could take into account, amongst others, ~~whether the claimant has initiated multiple or concerted proceedings in similar matters and~~ the existence of attempts to intimidate, harass or threaten the defendant.

Amendment 129 #

Proposal for a directive
Recital 30

(30) If a defendant has applied for early dismissal, it should be for the claimant in the main proceedings to prove in the accelerated procedure that the claim is not manifestly unfounded. This does not represent a limitation of access to justice, taking into account that the claimant carries the burden of proof in relation to thatthe procedure to prove that the claim is not manifestly unfounded should not put an unreasonable burden on the claimant in the main proceedings. Placing the burden of proof in relation to an early dismissal request solely on the claimant in the main proceedings ~~and only needs to meet the much lower threshold of~~risks limiting the access to justice. Therefore, Member States should put in place safeguards, guaranteeing that the defendant has the burden of proof to show~~ing~~ that the claim is ~~not~~ manifestly unfounded ~~in order to avoid an early dismissal~~and subject to early dismissal, as this threshold is much lower that the one in the main proceedings.

Amendment 130 #

Proposal for a directive
Recital 30

(30) If a defendant has applied for early dismissal, it should be for the claimant in the main proceedings to prove in the accelerated procedure that the claim is not man~~ifestly unfounded~~ abusive court proceeding. This does not represent a limitation of access to justice, taking into account that the claimant carries the burden of proof in relation to that claim in the main proceedings and only needs to meet the much lower threshold of showing that the claim is not manifestly unfounded and is not abusive in order to avoid an early dismissal.

Amendment 131 #

Proposal for a directive
Recital 30

(30) If a defendant has applied for early dismissal, it should be for the claimant in the main proceedings to prove in the accelerated procedure that the claim is not ~~manifestly~~ unfounded. This does not represent a limitation of access to justice, taking into account that the claimant carries the burden of proof in relation to that claim in the main proceedings and only needs to meet the much lower threshold of showing that the claim is not ~~manifestly~~ unfounded in order to avoid an early dismissal.

Amendment 132 #

Proposal for a directive
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. Where the domestic law does not guarantee the compensation of costs for legal representation beyond statutory fee tables, the court should be enabled to indemnify costs not encompassed in statutory fee tables through the award of damages. Full compensation of damages should include both material and immaterial damages, such as physical and psychological harm.

Amendment 133 #

Proposal for a directive
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 134 #

Proposal for a directive
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. F~~only upon case by case review by the courts. Member States may consider, in accordance to their judicial systems, whether full compensation of damages ~~should~~may include both material and immaterial damages~~, such as physical and psychological harm~~.

Amendment 135 #

Proposal for a directive
Recital 31

(31) Costs should include all reasonably incurred 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 136 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
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, and human rights defenders ~~and others~~. 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 137 #

Proposal for a directive
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 others~~persons 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 138 #

Proposal for a directive
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 others. 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 139 #

Proposal for a directive
Recital 34

(34) This Directive creates a new special ground of jurisdiction in order to ensure that targets of SLAPPs domiciled in the European Union have an efficient remedy available in the Union against abusive court proceedings brought in a court or tribunal of a third country. This special ground of jurisdiction allows the targets domiciled in the European Union to seek, in the courts or tribunals of their domicile, for compensation of damages and costs incurred in connection with the proceedings before the court or tribunal of the third country. This right applies irrespective of the domicile of the claimant in the proceedings in the third country.deleted

Amendment 140 #

Proposal for a directive
Recital 34 a (new)

(34 a) In the cross-border context, it is also vital that the EU conducts adequate data collections across member states in order to develop the best use of standards and raise awareness on SLAPP cases. Member states should collect data on SLAPP cases such as the number of unfounded or abusive court proceedings against public participation, the number of dismissed cases, and figures on cross- border elements, description of legal basis and figures about acts of public to monitor and report on such cases across the EU, while taking arrangements to ensure protections of the rights of those involved, in particular the victims of these court procedures.

Amendment 141 #

Proposal for a directive
Recital 34 a (new)

(34 a) For the efficiency, relevance and effectiveness of this directive, active and enhanced monitoring of SLAPP cases shall be ensured, and adequate support and resources to these monitoring efforts shall be guaranteed. The monitoring process shall include judicial authorities, professional organisations, non- governmental organisations, human rights defenders, journalists and other stakeholders involved or affected by the SLAPPs.

Amendment 142 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
Recital 36

(36) This Directive is complementary to the Commission recommendation on protecting journalists and human rights defenders who engage in public participation from ~~manifestly~~ unfounded or abusive court proceedings (“Strategic lawsuits against public participation”). This recommendation is addressed to Member States and it provides a comprehensive toolbox of measures including training, awareness-raising, support to targets of abusive court proceedings and data collection, reporting and monitoring of court proceedings against public participation.

Amendment 143 #

Proposal for a directive
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 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
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 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
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 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
Recital 39 d (new)

(39 d) Data should be more systematically collected and monitored to properly evaluate the phenomenon and its evolution over time, mapping the different cases identified, analyzing the trends and reporting regularly, publishing information in accessible formats while ensuring the protection of fundamental rights including the right to privacy and to the protection of personal data.

Amendment 147 #

Proposal for a directive
Article 1 – paragraph 1

This Directive provides safeguards against ~~manifestly~~ unfounded or abusive court proceedings in civil matters, including civil claims brought in criminal proceedings, 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 148 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
Article 1 – paragraph 1

This Directive provides safeguards against ~~manifestly unfounded or abusive court proceedings~~abusive lawsuits against public participation 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.

Amendment 149 #

Proposal for a directive
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 ~~particular~~notably journalists and human rights defenders, ~~on account of their~~ engage~~ment~~d in public participation including online.

Amendment 150 #

Proposal for a directive
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 particular journalists and human rights defenders,~~ on account of their engagement in public participation on matters of public interest.

Amendment 151 #

Proposal for a directive
Article 2 – paragraph 1

This Directive shall apply to ~~matter~~any type of legal claims of a civil or commercial nature with cross- border implications that are ongoing or continued before a national court at the time of its entry into force, 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 152 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
Article 3 – paragraph 1 – point 1

1. ‘public participation’ means any statement or activity, physical or digital, 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, ~~and preparatory, supporting or assisting action directly linked thereto. This includes~~the right to freedom of association and of assembly, academic freedom, freedom of science, artistic freedom, freedom of culture, and the right of collective bargaining and action, the right to good administration and the right to an effective remedy or other rights and freedoms, and preparatory, supporting or assisting action directly linked thereto. This includes any activity, regardless of the nature, medium or format, which serves the disclosure, dissemination or promotion of information to the public such as but not limited to demonstrations, protest, assemblies, performances, online content, complaints, petitions, administrative or judicial claims and participation in public hearings;

Amendment 153 #

Proposal for a directive
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, ~~and~~be 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 154 #

Asim ADEMOV, Peter POLLÁK, Michaela ŠOJDROVÁ, Tomasz FRANKOWSKI

Proposal for a directive
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 155 #

Proposal for a directive
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 on a matter of public interest, ~~and~~including preparatory, supporting or assisting action directly linked thereto. ~~This includes complaints, petitions, administrative or judicial claims and participation in public hearings;~~

Amendment 156 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
Article 3 – paragraph 1 – point 2 – introductory part

2. ‘matter of public interest’ means any ~~matter~~financial or regulatory matter, excluding matters of inidividual interest, which affects the public to such an extent that the public may legitimately take an interest in it, in areas such as:

Amendment 157 #

Proposal for a directive
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 158 #

Asim ADEMOV, Peter POLLÁK, Michaela ŠOJDROVÁ, Tomasz FRANKOWSKI

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point a

(a) public health, safety, the environment, climate or enjoyment of fundamental rights including non- discrimination, gender equality and protection from violence against women;

Amendment 159 #

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point a

(a) fundamental rights, public health, public safety, the environment, or climate ~~or enjoyment of fundamental rights;~~

Amendment 160 #

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point a

(a) public health, safety, the environment~~, climate~~ or enjoyment of fundamental rights;

Amendment 161 #

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point b

~~(b) activities of a person or entity in the public eye or of public interest;~~deleted

Amendment 162 #

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point d

(d) allegations of c~~orruption, fraud or~~riminal offences related to public issues, such as high level corruption, fraud, tax evasion, sexual harassment or any other type of criminality;

Amendment 163 #

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point d

(d) allegations of corruption, fraud, abuse of power or criminality;

Amendment 164 #

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point e

(e) scientific and research activities and activities aimed to fight disinformation;

Amendment 165 #

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point e a (new)

(e a) abuse or misuse of power by state or EU institutions and organs including systemic and state violence;

Amendment 166 #

3. ‘abusive court proceedings against public participation’ mean court proceedings brought in relation to public participation that are alleged to be fully or partially unfounded ~~and have as their main purpos~~by the relevant judicial authority and which are suspected to mainly serve to prevent, restrict or penalize public participation. Indications of such a purpose can be:

Amendment 167 #

Proposal for a directive
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~~where there is an obvious or clear quality to the request being unfounded and have as their main purpose to prevent, restrict or penalize public participation. Indications of such a purpose can be:

Amendment 168 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – point a

(a) the disproportionate, vexatious, frivolous, excessive or unreasonable nature of the claim or part thereof;

Amendment 169 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – point a a (new)

(a a) parties' imbalances in bargaining powers in terms of financial and legal resources;

Amendment 170 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – point b a (new)

(b a) the litigation tactics deployed by the claimant, including as regards the choice of jurisdiction and the use of dilatory tactics;

Amendment 171 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c

(c) a legitimate suspicion or proof that intimidation, harassment or threats on the part of the claimant or his or her representatives took part in relation to the subject of the claim.

Amendment 172 #

Proposal for a directive
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 173 #

Proposal for a directive
Article 3 a (new)

Article 3 a Serious Harm A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant. For the purposes of this section, harm to the reputation of a body that trades for profit is not “serious harm” unless it has caused or is likely to cause the body serious financial loss.

Amendment 174 #

Proposal for a directive
Article 4 – paragraph 1

1. For the purposes of this Directive, a matter is considered to have cross-border implications ~~unless both parties are domiciled in the same Member State as the court seised.~~where a statement or engagement in public participation is accessible, via electronic or digital means, in more than one Member State

Amendment 175 #

Proposal for a directive
Article 4 – paragraph 2

2. Where both parties to the proceedings are domiciled in the same Member State as the court seised, the matter shall also be considered to have cross-border implications if: (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, or (b) the claimant or associated entities have initiated concurrent or previous court proceedings against the same or associated defendants in another Member State.deleted

Amendment 176 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
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, or~~deleted

Amendment 177 #

Proposal for a directive
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 178 #

Proposal for a directive
Article 4 – paragraph 2 – point b

~~(b) the claimant or associated entities have initiated concurrent or previous court proceedings against the same or associated defendants in another Member State.~~deleted

Amendment 179 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
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 on matters of public interest , those persons can apply for:

Amendment 180 #

Proposal for a directive
Article 5 – paragraph 1 – point b

(b) early dismissal of ~~manifestly unfounded~~unfounded or abusive court proceedings in accordance with Chapter III;

Amendment 181 #

Proposal for a directive
Article 5 – paragraph 1 – point b

(b) early dismissal of ~~manifestly~~ unfounded court proceedings in accordance with Chapter III;

Amendment 182 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
Article 5 – paragraph 3

3. Member States ~~may~~shall 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 183 #

Proposal for a directive
Article 5 – paragraph 3

3. Member States ~~may~~shall 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 184 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
Article 7 – paragraph 1

Amendment 185 #

Proposal for a directive
Article 7 – paragraph 1

Amendment 186 #

Proposal for a directive
Article 7 – paragraph 1

Amendment 187 #

Proposal for a directive
Article 7 – paragraph 1

Amendment 188 #

Proposal for a directive
Article 7 – paragraph 1

Amendment 189 #

Proposal for a directive
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. Adverse costs risk is one factor that may allow a party with an unmeritorious claim to stifle the free speech rights of a less pecunious opponent. Therefore, member states shall ensure robust costs protection mechanisms, both at the initial stage, and then more formally through costs protection where cases do proceed.

Amendment 190 #

Proposal for a directive
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, including procedural and associated costs and damages, if it considers such security appropriate in view of presence of elements indicating abusive court proceedings.

Amendment 191 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
Chapter III – title

III Early dismissal of ~~manifestly unfounded~~unfounded and abusive court proceedings

Amendment 192 #

Proposal for a directive
Chapter III – title

III Early dismissal of ~~manifestly~~ unfounded court proceedings

Amendment 193 #

Proposal for a directive
Article 9 – paragraph 1

1. Member States shall empower courts and tribunals to adopt a~~n early decision to dismiss,~~ statuory early dismissal process, to strike out in full or in part, court proceedings against public participation a~~s manifestly unfound~~nd avoid lentgthy litigation. A set of criteria for the courts to determine whether a case should be classified as a strategic lawsuit against public participation and whether such a lawsiut is manifestly unfounded based on one or more of the common characteristics of such actions, in the form of a merit test shall be established.

Amendment 194 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
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 unfounded when there are indications that the claim was brought for an abusive, malicious or dishonest purpose against public participation.

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 unfounded~~unfounded or abusive.

Amendment 196 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
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~~ unfounded.

Amendment 197 #

Proposal for a directive
Article 9 – paragraph 2

2. Member States ~~may~~shall 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 198 #

Proposal for a directive
Article 11

Member States shall ensure that an application for early dismissal is treated in an accelerated procedure, taking into account the circumstances of the case and the right to an effective remedy and the right to a fair trial.Article 11 deleted Accelerated procedure

Amendment 199 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
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~~the defendant has the burden of making a prima facie case that a legal action against the defendant is manifestly unfounded.

Amendment 200 #

Proposal for a directive
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~~unfounded or abusive.

Amendment 201 #

Proposal for a directive
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.

Amendment 202 #

Proposal for a directive
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.

Amendment 203 #

Proposal for a directive
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 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. This award of costs should be an automatic feature of the court's decision within the same proceedings relating to the given abusive lawsuit.

Amendment 204 #

Proposal for a directive
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 be ordered to bear all the reasonably incurred costs of the proceedings, including the full costs of legal representation incurred by the defendant, unless such costs are excessive.

Amendment 205 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
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 be~~is 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 206 #

Proposal for a directive
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~~must 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 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO

Proposal for a directive
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 208 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
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. To ensure that accessing such compensation is not a burden for the victims and to avoid perpetuating the negative impact of the SLAPPs on the victims, this compensation shouldn't require the filing of a separate formal claim by the defendant and should come as an automatic feature of the proceedings.

Amendment 209 #

Proposal for a directive
Article 15 – paragraph 1

Amendment 210 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
Article 15 – paragraph 1

Amendment 211 #

Proposal for a directive
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 212 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
Article 16 – paragraph 1 a (new)

This Directive will provide for an EU SLAPPs Coordinator which will channel funding to financially support victims of SLAPPs, either past or pending cases, create networks and hubs of sharing best practices, monitor for all SLAPPs cases at real time and regularly map SLAPPs situation in Europe, facilitate access to individual and independent support and to the relevant European Courts, issue reccomendations, raise public awareness and participate as a European Observer in SLAPPs trials.

Amendment 213 #

Proposal for a directive
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 214 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
Article 16 – paragraph 1 b (new)

Commission and member states shall explore how to include criminal procedures under the remit of this Directive.

Amendment 215 #

Proposal for a directive
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 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO

Proposal for a directive
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 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
Article 16 – paragraph 1 e (new)

Member states should provide mental health support to victims of SLAPP cases.

Amendment 218 #

Proposal for a directive
Article 17 – paragraph 1

Member States shall ensure that the recognition and enforcement of a third- country judgment in court proceedings on account of public participation by natural or legal person domiciled in a Member State is refused as manifestly contrary to public policy (ordre public) if those proceedings would have been considered ~~manifestly~~ unfounded or abusive if they had been brought before the courts or tribunals of the Member State where recognition or enforcement is sought and those courts or tribunals would have applied their own law.

Amendment 219 #

Proposal for a directive
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 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
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 221 #

Proposal for a directive
Article 21 – paragraph 2 – point 1 (new)

(1) This Directive shall apply to existing and ongoing charges against public participation.

Amendment 222 #

Proposal for a directive
Article 21 – paragraph 2 a (new)

2 a. Member States shall support awareness raising campaigns on unfounded or abusive court proceedings against public participation organised among others by national entities, including National Human Rights Institutions and civil society organizations.

Amendment 223 #

Proposal for a directive
Article 21 – paragraph 2 b (new)

2 b. Member States shall, taking into account their institutional arrangements on judicial statistics, entrust one or more authorities to be responsible to collect and aggregate, in full respect of data protection requirements, data on unfounded or abusive court proceedings against public participation initiated in their jurisdiction. Member States should ensure that one authority is responsible to coordinate the information and report the aggregated data collected at national level to the Commission on a yearly basis starting by the end of 2023, in full respect of data protection requirements.

Amendment 62 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
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~~from abusive lawsuits against public participation” (SLAPPs)

Amendment 63 #

Proposal for a directive
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 64 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
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 65 #

Proposal for a directive
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 66 #

(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 and to an effective remedy and to a fair trial (Article 47).

Amendment 67 #

Proposal for a directive
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 68 #

Proposal for a directive
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. 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 as interpreted by the European Court of Human Rights (“ECtHR”). The fundamental freedom of art and science as set forth in Article 13 of the Charter recalls that arts and scientific research shall be free of constraints and that academic feedom is repsected.

Amendment 69 #

Proposal for a directive
Recital 4

(4) The purpose of this Directive is to ~~provide~~ensure proper functioning of the judicial system by providing 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 with the sole purpose of deterring to deter them from public participation (commonly referred to as strategic lawsuits against public participation or ‘SLAPPs’). Such court proceedings may be considered as abusive by the relevant judicial body handling the initial claim against the person engaging in public participation on matters of public interest. The safeguards laid down in this Directive should be complementary to the ongoing media literacy programmes and awareness rising campaigns throughout the EU, informing citizens of the existent threats, abuses and remedies to such attacks on the proper functioning of the judicial system.

Amendment 70 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
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, such as civil society, non-governmental organisations and trade unions, activists, citizen journalists, researchers, academics, artists, whistleblowers and publishers of journalistic and artistic works 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 71 #

Proposal for a directive
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 72 #

Proposal for a directive
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 73 #

Proposal for a directive
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, 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’), while safeguarding the right to an effective remedy and to a fair trial against such natural and legal persons.

Amendment 74 #

Asim ADEMOV, Peter POLLÁK, Michaela ŠOJDROVÁ, Tomasz FRANKOWSKI

Proposal for a directive
Recital 4 a (new)

(4 a) It should be also noted that public participation may not always be conducted in good faith. The dissemination of fake news or disinformation should not be protected under this Directive. Bearing in mind the continuously evolving digital environment and the possibilities to spread, copy and influence the public opinion, the concept of public participation on matters of public interest should be assessed on a case-by-case basis. In case where there is a legitimate concern by the court that the defendant may be part of a targeted hybrid attack or a disinformation campaign, the safeguards laid down in the current Directive should not be applicable.

Amendment 75 #

Proposal for a directive
Recital 5

(5) An independent, impartial, professional and responsible media is a cornerstone of democracy. There is a pressing need to maintain the independence of the media from political and economic pressure, such as the one used through SLAPPs. 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 conduct their journalistic activities in good faith and 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 76 #

Proposal for a directive
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 77 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
Recital 5

(5) Journalists and small independent 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 78 #

Proposal for a directive
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 79 #

Proposal for a directive
Recital 5 a (new)

(5 a) Journalists also bear an important responsibility to remain objective in the process of gathering and dissemination of information, as well as in their editorial process; this includes ensuring that journalism is free of political influences, undisclosed financial relations and targeted smear campaigns, or so-called "hit pieces"; guaranteeing high levels of transparency for journalists is, therefore, essential to having a well-informed society;

Amendment 80 #

Proposal for a directive
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 81 #

Proposal for a directive
Recital 7

Amendment 82 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
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 background, the rights of migrants, refugees and asylum seekers, labour rights or religious freedoms. Other participants in online and offline public debate, such as academics and researchers, artists, cultural and creative workers, activists, and whistleblowers also deserve adequate protection.

Amendment 83 #

Proposal for a directive
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 #

Sylvie GUILLAUME, Massimiliano SMERIGLIO, Domènec RUIZ DEVESA

Proposal for a directive
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 85 #

Asim ADEMOV, Peter POLLÁK, Michaela ŠOJDROVÁ, Tomasz FRANKOWSKI

Proposal for a directive
Recital 8

(8) A healthy and thriving democracy requires that people are able to participate actively in public debate without undue interference by public authority or other powerful actors, be they domestic or foreign. In order to secure meaningful participation, people should be able to access reliable information, which enables them to form their own opinions and exercise their own judgement in a public space, where in which different views can be expressed freely. Therefore, media literacy programmes and anti- disinformation campaigns should be an essential instrument for Member States to protect their citizens against undue interference in the public debate. Legal professionals, handling cases related to public participation of individuals acting on matters of public interest, should be offered adequate trainings on how to effectively identify an abuse of procedure in the detriment of the defendant, who is considered acting on a matter of public interest.

Amendment 86 #

Proposal for a directive
Recital 8

(8) A healthy and thriving democracy requires that people are able to participate actively in public debate without undue interference by public authority or other powerful actors, be they domestic or foreign. Thus, it is essential to mainstream awareness raising about their rights and freedoms, along with ensuring adequate access to educational and training activities that develop media literacy and critical thinking. In order to secure meaningful participation, people should be able to access reliable 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 87 #

Proposal for a directive
Recital 8

Amendment 88 #

Proposal for a directive
Recital 8 a (new)

(8 a) A healthy civil society relies on an effective legal system, allowing natural and legal persons access to an effective ramedy and a fair trial, as set out in Article 47 of the Charter of Fundamental Rights of the European Union; it is essential to ensure that the measures against SLAPPs set out in this Directive are not abused as a means to shield bad- faith and otherwise abusive practices by journalists and human rights defenders enacted under the guise of public participation;

Amendment 89 #

Proposal for a directive
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 90 #

Proposal for a directive
Recital 9

(9) To foster ~~this environment,~~a healthy and thriving democracy it is important to protect 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, any private or public entity acting in public interest, or indirectly participating in such actions, from court proceedings aimed to silence them on a particular matter of public interest. Such court proceedings may be considered as abusive in case there is a legitimate suspicion by the competent judicial body that they are not initiated for the purpose of access to justice, but to exploit procedural instruments in order to silence public debate.

Amendment 91 #

Proposal for a directive
Recital 9

(9) To foster this environment, it is important to protect ~~journalists and human rights defenders~~natural and legal persons who engage in public participation or enable access to reliable information 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.

Amendment 92 #

Proposal for a directive
Recital 9

(9) To foster this environment, it is important to protect ~~journalists and human rights defenders from~~all persons and entities from abusive 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.

Amendment 93 #

Asim ADEMOV, Peter POLLÁK, Michaela ŠOJDROVÁ, Tomasz FRANKOWSKI

Proposal for a directive
Recital 9 a (new)

(9 a) Digitalization has profoundly changed the media landscape with new ways to access, share or retrieve online news items. Currently accessibility of online material where public participation in debate over matters of public matters occurs on the internet and often transcends national borders and it has become increasingly difficult to locate and estimate the scope of online media coverage in the remit of only Member State. It is therefore important to assess the localisation of public participation in the digital environment in the broadest sense possible

Amendment 94 #

Proposal for a directive
Recital 9 b (new)

(9 b) Media literacy programmes are an essential tool to foster a thriving democratic public debate and public participation. In order to prevent the misuse of the existing procedural safeguards, an emphasize should be put on proper training and upskilling of legal professionals dealing with SLAPP cases, taking fully into account the established case-law of the European Court of Human Rights.

Amendment 95 #

Asim ADEMOV, Peter POLLÁK, Michaela ŠOJDROVÁ, Tomasz FRANKOWSKI

Proposal for a directive
Recital 9 c (new)

(9 c) While respecting the editorial freedom of journalists and the media, Member States should encourage awareness-raising activities for the benefit of journalists and other media actors, on the importance of acting in accordance with journalistic, legal or other professional ethics as a prevention tool against SLAPPs. Member States should also develop or facilitate the development of wider awareness-raising strategies and measures aimed at the general public that focus on SLAPPs and their harmful impact.

Amendment 96 #

Proposal for a directive
Recital 10

(10) SLAPPs are typically initiated by powerful entities, for example individuals, lobby groups, corporations, political parties and 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. SLAPPs as unfounded or abusive court proceedings can be used in civil procedures, but also civil claims brought in criminal proceedings and administrative procedures via arbitrary or vexatious use of legislation, often as defamation lawsuits, against public participation wishing to silence criticism and prevent public scrutiny to the detriment of a public debate.

Amendment 97 #

Proposal for a directive
Recital 10

Amendment 98 #

Proposal for a directive
Recital 10

Amendment 99 #

Proposal for a directive
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.

source: 745.281

2023/04/03 LIBE 217 amendments...

Amendment 100 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
Recital 16 a (new)

(16a) Public participation should also include preparatory, supporting or assisting activities that have a direct and inherent link to the statement or activity in question. Such activities should directly concern a specific act of public participation or be based on a contractual link between the actual target of SLAPP and the person providing the preparatory, supporting or assisting activity. Bringing claims not against a journalist or a human rights defender, but against the media organization, e.g. internet platform on which they publish their work or against the company printing a text or a shop selling the text, can be an effective way of silencing public participation, as without such services opinions cannot be published and thus cannot influence public debate.

Amendment 101 #

Jean-Paul GARRAUD, Gilles LEBRETON, Annika BRUNA, Patricia CHAGNON

Proposal for a directive
Recital 17

(17) Public participation should not normally cover commercial advertisement and marketing activity~~, which are typically not made in the exercise of freedom of expression and information~~.

Amendment 102 #

Proposal for a directive
Recital 17 a (new)

(17a) With a view to reinforcing freedom of expression, takes the view that something should be done to combat anonymous activist groups attempting to scare advertisers away from media outlets that do not share their ideology;

Amendment 103 #

Proposal for a directive
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 and provided, where such matters are relevant to public health, safety, the environment, climate, rule of law or enjoyment of fundamental rights, including labour rights, media freedom and pluralism, non- discrimination, gender equality and protection from gender-based violence. 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 104 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
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, 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 105 #

Jean-Paul GARRAUD, Gilles LEBRETON, Annika BRUNA, Patricia CHAGNON

Proposal for a directive
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 106 #

Proposal for a directive
Recital 18

(18) The notion of a matter of public interest should include also quality, safety, immigration policy 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 107 #

Proposal for a directive
Recital 19 a (new)

(19a) Allegations of corruption, fraud, money laundering, extortion, coercion or other forms of intimidation and criminality including environmental crime are also matters of public interest. Activities aimed to protect the rule of law to fight disinformation, as well as scientific and research activities, including in the field of environment and climate also qualify as matters of public interest.

Amendment 108 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
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~~lawsuits are characterized by their main purpose to prevent, restrict or penalize public participation or aim to achieve a chilling effect on public participation in the matter at stake; they thus constitute an abuse of substantive or procedural laws. It is a general principle of law, which rights may not be exercised in an abusive way; established i.e. in Article 54 Charter and Article 17 ECHR. The abusive nature of a lawsuit is to be deducted from a totality of the circumstance of the lawsuit. Abusive lawsuits typically involve litigation tactics such as exaggerated or excessive claims, requesting obviously disproportionate prior restraint measures, delaying proceedings, initiating multiple proceedings on similar matters, causing disproportionate costs to the defendant in the proceedings or forum shopping. The extent to which a lawsuit is manifestly unfounded is another indicator for its abusiveness. The past conduct of the claimant and, in particular, any history of legal intimidation should also be considered when determining whether the lawsuits are abusive in nature. A previous early dismissal of a similar claim as abusive should be a prima facie indictor for abusiveness. 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 109 #

Proposal for a directive
Recital 20

(20) Abusive court proceedings typically involve litigation tactics used in bad faith such as ~~delaying~~relying on one or more fully or partially unfounded claim, exploiting an economic advantage or political influence by the claimant against the defendant leading to an imbalance of power between the two parties, as well as requesting exaggerated or excessive damage claims or disproportionate prior restraint measures, which delays 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 110 #

Proposal for a directive
Recital 20

(20) Abusive court proceedings typically involve litigation tactics used in bad faith such as delaying proceedings, making excessive claims, 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 and in case of death of the defendant such abusive lawsuits might be even inherited by the members of the family.

Amendment 111 #

Proposal for a directive
Recital 20

Amendment 112 #

Proposal for a directive
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~~representing 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 113 #

Proposal for a directive
Recital 20 a (new)

(20a) SLAPPs are consistently characterised by imbalance of power between the claimant and the defendant in terms of financial and legal resources. This imbalance of power causes particular concern if the abusive lawsuits are funded directly or indirectly from the state budgets and are combined with other indirect and direct state measures against independent media outlets, independent journalism and civil society.

Amendment 114 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
Recital 20 a (new)

(20a) Lawsuits under this Directive entail all proceedings before a court or tribunal in civil matters, including injunctions.

Amendment 115 #

Proposal for a directive
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, including online, concern~~ing~~s a matter of public interest at stake 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 legitimate interest which the public in different Member States may take in the matter of public interest concerned by the act. That includes for instance public participation in events organised by Union institutions, such as appearances in public hearings, or statements or activities on matters that are of specific relevance to more than one Member State, such as economic or political activity of cross-border relevance, cross-border pollution or, allegations of money laundering with potential cross- border involvement or cross-border enjoyment or abuse of fundamental rights or freedoms under EU law. 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 116 #

Proposal for a directive
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 c~~ourt proceeding~~laims, 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 117 #

Proposal for a directive
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 damages, a request for an early dismissal of ~~manifest~~fully or partially unfounded court proceedings, a request for remedies against abusive court proceedings (award of costs, compensation of damages and penalties), or all of them at the same time. Court proceedings brought against natural or legal persons on account of their engagement in public participation should be dealt with in a swift and effective manner, taking into account the circumstances of the case, and the right to an effective remedy and the right to a fair trial.

Amendment 118 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
Recital 23

Amendment 119 #

Proposal for a directive
Recital 23 a (new)

(23a) Any entity safeguarding or promoting the rights of persons engaging in public participation or otherwise bearing an interest in the defence of the public participation activity targeted by a SLAPP shall have the opportunity to take part in those proceedings, either in support of the defendant or to provide information. Such possibility of legal representation should be without prejudice to the right and competences of trade unions and workers’ representatives to engage on behalf of or in support of workers in judicial proceedings, in accordance with other Union and national rules.

Amendment 120 #

Proposal for a directive
Recital 24

(24) In some abusive court proceedings against public participation, claimants deliberately withdraw or amend claims or pleadings to avoid awarding costs to the successful party. This legal strategy may deprive the court or tribunal of the power to acknowledge the abusiveness of the court proceeding, leaving the defendant with no chance to be reimbursed of procedural costs. Such withdrawals or amendments should therefore not affect the possibility for the courts seised to impose remedies against abusive court proceedings if there are grounds to do so based on the facts of the case.

Amendment 121 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
Recital 25 a (new)

(25a) Proceedings against public participation exposes those targeted to high financial and psychological harm, while confronting them with the need to establish often hard to prove facts like the abusive nature of a lawsuit. In such situation, the defendants should have the right to avail himself of all support necessary to alleviate his burden and make his case. This includes, but is not limited to, the support and providing of information. The defendant should have the right to seek such support from any natural or legal person with a legitimate interest or expertise in safeguarding or promoting the rights of persons engaging in public participation. This encompasses i.e. journalists and academics as well as non-governmental organisations, professional and representative associations, trade unions and other collective bodies acting in the interest of the defendant or with particular knowledge of the claimant, particularly his engagement against public participation.

Amendment 122 #

Proposal for a directive
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 low~~ensuring 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 123 #

Proposal for a directive
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 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 and covering the costs and damage caused to the defendant. 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 124 #

Proposal for a directive
Recital 26

(26) ~~To prov~~When the court considers th~~e defendant with an additional safeguard~~at there are elements indicating an abuse of procedure and it has been adjudicated by a judge, or where applicable, a jury, that the prospects for success in the main proceedings are low, there should be a possibility to grant ~~him or her~~the defendant a security to cover procedural costs and/or damages~~, when the court consi~~ in orders t~~hat 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~~o provide him or her with an additional safeguard. 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 125 #

Proposal for a directive
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~~costs, including procedural costs, legal representation 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 126 #

Proposal for a directive
Recital 29

(29) To ensure high expediency in the accelerated procedure on an application for early dismissal, Member States may set time limits for the holding of hearings or for the court to take a decision. They may as well adopt schemes akin to procedures in relation to provisional measures. Member States should make efforts to ensure that when the defendant has applied for other procedural safeguards, the decision is also taken in an expeditious manner. For expeditious treatment, Member States could take into account, amongst others, an imbalance of power between the parties, whether the claimant has initiated multiple or concerted proceedings in similar matters and the existence of attempts to intimidate, harass or threat the defendant.

Amendment 127 #

Proposal for a directive
Recital 30

Amendment 128 #

Proposal for a directive
Recital 30

(30) If a defendant has applied for early dismissal, it should be for the claimant in the main proceedings to prove in the accelerated procedure that the claim is not ~~manifest~~partially or fully unfounded. When seeking to avoid an early dismissal, the claimant shall establish a prima facie case as to each essential element of the cause of action that the claim is not fully or partially unfounded. This does not represent a limitation of access to justice, taking into account that the claimant carries the burden of proof in relation to that claim in the main proceedings and only needs to meet the much lower threshold of showing that the claim is not ~~manifestly~~ unfounded in order to avoid an early dismissal.

Amendment 129 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Thijs REUTEN, Sylvie GUILLAUME

Proposal for a directive
Recital 30

(30) If a defendant has applied for early dismissal, it should be for the claimant in the main proceedings to prove in the accelerated procedure that the claim is not ~~manifestly unfounded~~abusive. This does not represent a limitation of access to justice, taking into account that the ~~claimant carries the burden of proof in relation to~~defendant has to prove that the claim ~~in the main proceedings and only needs to meet the much lower threshold of showing that the claim is not manifestly unfounded in order to avoid an early dismissal~~concerns public participation and show a prima facie case for abusiveness.

Amendment 130 #

Proposal for a directive
Recital 30 a (new)

(30a) Early dismissal of fully or partially unfounded claims does not constitute an undue infringement of the right of access to justice. Under this Directive, Member States shall empower their tribunals and courts with the possibility to adopt early decisions to dismiss, but such decisions shall be adopted by the judge on a case- by-case basis, in claims where the aim of the claimant is not to genuinely assert, vindicate or exercise a right. Moreover, claimants shall always be entitled to lodge an appeal against the early decision to dismiss.

Amendment 131 #

Proposal for a directive
Recital 30 a (new)

(30a) A court decision regarding early dismissal should be subject to appeal and recourse in accordance to national law.

Amendment 132 #

Proposal for a directive
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. Where the domestic law does not guarantee the compensation of costs for legal representation beyond statutory fee tables, the court should be enabled to indemnify costs not encompassed in statutory fee tables through the award of damages. Full compensation of damages should include both material and immaterial damages, such as physical and psychological harm.

Amendment 133 #

Proposal for a directive
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 134 #

Proposal for a directive
Recital 31 a (new)

(31a) Any natural or legal person who has suffered harm as a result of an abusive court proceedings against public participation should be able to claim and to obtain full compensation for that harm, without the need to initiate separate court proceedings to that end. Full compensation for harm should cover both material and immaterial damage. Material damage includes notably lawyer fees, when they are not reimbursable as costs, travel expenses and medical costs, in particular psychological assistance. Pre-trial costs should be also considered as material damages, if they are not included in costs according to national laws. Immaterial damage includes in particular different forms of physical and/or psychological harm, pain and suffering or emotional distress related to the court proceedings, impairment of life or of relationship, reputational damage and in general, any types of intangible damage.

Amendment 135 #

Proposal for a directive
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 determined on a case-by-case basis and be proportionate to the elements of abuse identified to the amount of the claim and to the financial situation of the claimant, specifically when the claimant is a legal person. 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.

Amendment 136 #

Proposal for a directive
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 137 #

Proposal for a directive
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 imbalance of power between the parties, 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.

Amendment 138 #

Proposal for a directive
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 others~~persons engaging in public participation in the EU. 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 139 #

Proposal for a directive
Recital 36

(36) This Directive is complementary to the Commission recommendation on protecting journalists and human rights defenders who engage in public participation from manifestly unfounded or abusive court proceedings (“Strategic lawsuits against public participation”). This recommendation is addressed to Member States and it provides a comprehensive toolbox of measures including training, awareness-raising, support to targets of abusive court proceedings and data collection, reporting and monitoring of court proceedings against public participation. When transposing this Directive, Member States should also ensure the implementation of the Commission’s recommendation. In this regard, Member States should pay particular attention to the implementation of the recommendations concerning, in particular, the inclusion of safeguards similar to those provided for by the present Directive for domestic cases not covered by the scope of this Directive, the provision of legal assistance to defendants in an affordable and easily accessible manner, and ensure the inclusion in their national transposition laws of targeted provisions to that effect.

Amendment 140 #

Proposal for a directive
Recital 36

(36) This Directive is complementary to the Commission recommendation on protecting journalists and human rights defenders who engage in public participation from manifestly unfounded or abusive court proceedings (“Strategic lawsuits against public participation”). This recommendation is addressed to Member States and it provides a comprehensive toolbox of measures including training, awareness-raising, support to targets of abusive court proceedings and data collection, reporting and monitoring of court proceedings against public participation. When transposing this Directive, Member States should pay particular attention to the implementation of the Commission’s recommendations as regards, in particular, the inclusion of safeguards similar to those provided for by the Directive for domestic cases not covered by the Directive’s scope, and the provision of legal assistance to defendants in an affordable and easily accessible manner, and consider the inclusion in their national transposition laws of targeted provisions to that effect.

Amendment 141 #

Proposal for a directive
Recital 36 a (new)

(36a) This Directive provides comprehensive support and preventive measures, including the establishment of national funds by Member States, non- financial support mechanisms such as the provision of legal aid and psychological support, as well as training, awareness- raising and data collection measures. It also seeks to ensure the collection of data by establishing common criteria at EU level. A national focal point should be established to gather and share information on all organisations that provide guidance and support for targets of abusive court proceedings against public participation. Such organisations may include associations of legal professionals, media and press councils, umbrella associations for human rights defenders, associations at Union and national level, law firms defending targets of manifestly unfounded or abusive court proceedings against public participation pro bono, legal clinics of universities and other non-governmental organisations.

Amendment 142 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
Recital 36 a (new)

(36a) This directive is not intended to solve all SLAPPs being deployed against persons engaging in public participation. Particular focus should be drawn in the future to the abuse of the criminal law system as well as the administrative law system. In particular, the offence of defamation posed particular dangers of being misused as basis for SLAPPs. The Commission and Member States should work on solutions to address these dangers.

Amendment 143 #

Proposal for a directive
Recital 36 b (new)

(36b) Training for journalists, other media professionals and human rights defenders should strengthen their capacity to deal with abusive court proceedings against public participation. It should focus on recognising such court proceedings, how to manage being targeted by them and inform them of their rights and obligations in order for them to be able to take the necessary steps to protect themselves against such proceedings. Training should also be provided to legal professionals in order to increase awareness of abusive court proceedings and be able to detect them at a very early stage.

Amendment 144 #

Proposal for a directive
Recital 36 c (new)

(36c) National Funds should be established by Member States to support and compensate victims of abusive court proceedings. The national funds should be partially funded by penalties.

Amendment 145 #

Proposal for a directive
Recital 36 d (new)

(36d) The collection of data is paramount to document cases of abusive court proceedings and to provide solutions in order to prevent them. This Directive should establish common criteria to standardise the data collection procedures in Member States and ensure that comparable data is collected.

Amendment 146 #

Proposal for a directive
Article 1 – paragraph -1 (new)

-1 This Directive sets minimum standards of protection of natural and legal persons who engage in public participation, playing an important democratic role in upholding public debate, fundamental rights and values, social inclusion, environmental protection and the rule of law, as well as strengthening democracy, gender equality, media freedom and pluralism in the EU.

Amendment 147 #

Proposal for a directive
Article 1 – paragraph 1

This Directive provides procedural safeguards against ~~manifestly unfounded or~~ abusive court proceedings, or threats of initiating legal action, in civil matters with cross- border implications brought directly or indirectly against natural ~~and~~or legal persons, ~~in particular journalists and human rights defenders~~such as journalists, media outlets and rights defenders, in particular, human rights, environmental, women's and LGBTIQ+ rights defenders, as well as civil society organizations, NGOs, activists, trade unions, artists, researchers, academics, bloggers, whistleblowers and political opposition, on account of their engagement in public participation, including online.

Amendment 148 #

Proposal for a directive
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 particular journalists ~~and human rights defender~~, whistleblowers, activists, academics, researchers, artists and human rights defenders, including civil society, non- governmental organisations and trade unions, on account of their engagement in public participation.

Amendment 149 #

Proposal for a directive
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 150 #

Proposal for a directive
Article 1 – paragraph 1

Amendment 151 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Paul TANG, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
Article 1 – paragraph 1

This Directive provides safeguards against ~~manifestly unfounded or abusive court proceeding~~abusive lawsuits 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.

Amendment 152 #

Proposal for a directive
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 153 #

Proposal for a directive
Article 1 – paragraph 1 a (new)

The implementation of this Directive shall in no circumstances constitute grounds for a reduction in the level of safeguards already afforded by Member States in the matters covered by this Directive.

Amendment 154 #

Proposal for a directive
Article 2 – paragraph 1

This Directive shall apply to ~~matter~~any type of legal claims or actions of a civil or commercial nature with cross- border implications~~, whatever the nature of the court or tribunal~~ including claims pending before a national court at the time of its entry into force, irrespective of the nature of the court or tribunal. It shall include civil claims brought in criminal proceedings. 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) unless national law provides for it.

Amendment 155 #

Proposal for a directive
Article 3 – paragraph 1 – point 1

1. ‘public participation’ means any statement or activity, preparatory, supporting or assisting action directly linked thereto, by a natural or legal person, expressed or carried out in the exercise of ~~the right to~~fundamental rights and freedoms such as freedom of expression and information on a matter of public interest, ~~and preparatory, supporting or assist~~freedom of association and assembly, academic and artistic freedom, freedom of science and culture, the right of collective bargaining and action ~~directly linked thereto. This include~~, the right to an effective remedy and the right to good administration. This includes any activity regardless of the nature, medium or format, which serves the disclosure, dissemination or promotion of information to the public such as complaints, petitions, administrative or judicial claims and participation in public hearings;

Amendment 156 #

Proposal for a directive
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 rights to freedom of expression and information, freedom of assembly and association or academic freedom 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, as well as exercise of public scrutiny and dissemination of public information in form of creation, exhibition, advertisement or other promotion of journalistic, political, scientific, academic, artistic, commentary or satirical communications, publications or works;

Amendment 157 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Paul TANG, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
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 the press, freedom of association and assembly, the right of collective bargaining and action on a matter of public interest~~, and~~. It includes any preparatory, supporting or assisting action directly linked thereto~~. Thi~~, in particular the work of media organizations. Covered activities includes complaints, petitions, administrative or judicial claims and participation in public hearings;

Amendment 158 #

Proposal for a directive
Article 3 – paragraph 1 – point 2 – introductory part

2. ‘matter of public interest’ means any matter which affects the public to such an extent that the public may legitimately take an interest in it, in areas such as, but not limited to:

Amendment 159 #

Jean-Paul GARRAUD, Gilles LEBRETON, Annika BRUNA, Patricia CHAGNON

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point a

(a) public health, safety, the environment, climate or enjoyment of fundamental rights, including labour rights, non-discrimination, gender equality and protection from gender- based violence, as well as media freedom and pluralism;

Amendment 160 #

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point a

(a) public health, safety, immigration policy, the environment, climate or enjoyment of fundamental rights;

Amendment 161 #

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point a

(a) fundamental rights, public health, safety, ~~the environment, climate or enjoyment of fundamental rights~~media freedom and pluralism, the environment or climate;

Amendment 162 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Paul TANG, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point a

(a) fundamental and human rights, public health, safety, the environment, or the climate ~~or enjoyment of fundamental rights~~;

Amendment 163 #

Proposal for a directive
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

(b) activities of a public person or entity ~~in the public eye or of public interest~~;

Amendment 165 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Paul TANG, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point c

(c) matters under public consideration or ~~review~~under consideration by a legislative, executive, or judicial body, or any other ~~public~~ official proceedings as well as actions or inactions by government bodies;

Amendment 166 #

Proposal for a directive
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 167 #

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point d

(d) allegations of corruption, fraud ~~or criminality~~, money laundering, extortion, coercion or other forms of intimidation and or criminality, including environmental crime;

Amendment 168 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Paul TANG, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point d

(d) allegations of corruption, fraud ~~or criminality~~embezzlement as well as sexual harassment and gender based violence or any other criminal or administrative offence;

Amendment 169 #

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point d

(d) allegations of corruption, fraud, money laundering or criminality;

Amendment 170 #

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point d

(d) allegations of corruption, fraud or other criminal~~ity~~ offences;

Amendment 171 #

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point e

(e) activities aimed to fight disinformation and foreign interference in democratic processes;

Amendment 172 #

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point e

(e) activities aimed to protect democracy, the rule of law and to fight disinformation;

Amendment 173 #

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point e

(e) activities aimed to ~~fight dis~~provide or facilitate public access to reliable information;

Amendment 174 #

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point e a (new)

(ea) scientific and research activities, including in the field of environment and climate;

Amendment 175 #

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point e b (new)

(eb) academic and artistic activities;

Amendment 176 #

Proposal for a directive
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 177 #

Proposal for a directive
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~~characterised by elements indicative of an abusive use of the judicial process for purposes other than genuinely asserting, vindicating or exercising a right and have as their main purpose to prevent, restrict or penalize public participation. Indications of such a purpose can be:

Amendment 178 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – introductory part

Amendment 179 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Paul TANG, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
Article 3 – paragraph 1 – point 3 – introductory part

3. ‘abusive ~~court proceeding~~lawsuits 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:

Amendment 180 #

Proposal for a directive
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:

Amendment 181 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – point -a (new)

(-a) the reliance of the court proceedings on one or more claims that are fully or partially unfounded;

Amendment 182 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – point -a a (new)

(-aa) the exploitation of economic advantage or political influence by the claimant against the defendant, leading to an imbalance of power between the two parties;

Amendment 183 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Paul TANG, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
Article 3 – paragraph 1 – point 3 – point b

(b) the existence of multiple ongoing or previous proceedings initiated by the claimant or associated parties in relation to ~~similar matters~~matters of public participation;

Amendment 184 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c

~~(c) intimidation, harassment or threats on the part of the claimant or his or her representatives.~~deleted

Amendment 185 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Paul TANG, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c

Amendment 186 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Paul TANG, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c a (new)

(ca) the use of litigation tactics that inflict unreasonable costs on the defendant, including by the choice of jurisdiction or deployment of dilatory motions;

Amendment 187 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c a (new)

(ca) parties’ imbalances in bargaining powers in terms of financial and legal resources;

Amendment 188 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c a (new)

(ca) the use of procedural tactics, such as delaying proceedings, and forum shopping;

Amendment 189 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c a (new)

(ca) an imbalance of power between the parties;

Amendment 190 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c b (new)

(cb) the litigation tactics deployed by the claimant, including as regards the choice of jurisdiction and the use of dilatory tactics;

Amendment 191 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c b (new)

(cb) a history of legal intimidation by the claimant, in the form of threats of legal action;

Amendment 192 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Paul TANG, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c b (new)

(cb) a previous early dismissal of a similar claim as abusive.

Amendment 193 #

Proposal for a directive
Article 4 – paragraph 2

~~2. Where both parties to the proceedings are domiciled in the same Member State as the court seis~~deleted, the matter shall also be considered to have cross-border implications if: (a) concerning a matter of public interest against which court proceedings are initiated is relevant to more than one Member State, or (b) the claimant or associated entities have initiated concurrent or previous court proceedings against the same or associated defendants in another Member State.act of public participation

Amendment 194 #

Proposal for a directive
Article 4 – paragraph 2 – point a

(a) the act of public participation, including online, concern~~ing~~s 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 195 #

Proposal for a directive
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 196 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Paul TANG, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
Article 5 – paragraph 1 – introductory part

1. Member States shall ensure that when ~~court proceeding~~lawsuits are brought against natural or legal persons on account of their engagement in public participation, those persons can apply for:

Amendment 197 #

Proposal for a directive
Article 5 – paragraph 1 – point b

(b) early dismissal of manifestly unfounded c~~ourt proceedings~~laims, in accordance with national law, as provided in Chapter III;

Amendment 198 #

Proposal for a directive
Article 5 – paragraph 1 – point b

(b) early dismissal of ~~manifestly unfounded court proceeding~~fully or partially unfounded claims in accordance with Chapter III;

Amendment 199 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Paul TANG, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
Article 5 – paragraph 1 – point b

(b) early dismissal of ~~manifestly unfounded court proceeding~~such lawsuits in accordance with Chapter III;

Amendment 200 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Paul TANG, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
Article 5 – paragraph 1 – point c

Amendment 201 #

Proposal for a directive
Article 5 – paragraph 2

~~2. Such applications shall include: (a) which they are based; (b) evidence.~~deleted a description of the elements on a description of the supporting

Amendment 202 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Paul TANG, Thijs REUTEN, Sylvie GUILLAUME

Proposal for a directive
Article 5 – paragraph 3

3. Member States ~~may~~shall 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. Member States shall ensure, that the court or tribunal seized of the matter must take measures under Article 8, 14 and 15 ex officio.

Amendment 203 #

Proposal for a directive
Article 5 – paragraph 3

3. Member States ~~may~~shall 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 204 #

Proposal for a directive
Article 5 – paragraph 3

3. Member States ~~may~~shall 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 205 #

Proposal for a directive
Article 5 – paragraph 3 a (new)

3a. Member States shall ensure that court proceedings brought against natural or legal persons on account of their engagement in public participation are dealt with in a swift and effective manner, taking into account the circumstances of the case, the right to an effective remedy and the right to a fair trial.

Amendment 206 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Paul TANG, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
Article 7 – title

~~Third party intervention~~Support for defendant

Amendment 207 #

Proposal for a directive
Article 7 – title

Third party ~~intervention~~support

Amendment 208 #

Proposal for a directive
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~~civil society organisations engaging in public participation, including non-governmental organisations safeguarding or promoting the rights of persons or the protection of the environment, trade unions and professional associations and other collective bodies acting in the interest of the defendant may take part in those proceedings, either in support of the defendant or on their behalf with the defendant’s approval, or to provide information.

Amendment 209 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Paul TANG, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
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~~the person engaged in public participation has the right to have, subject to her or his approval, any natural or legal person with a legitimate interest or expertise in safeguarding or promoting the rights of persons engaging in public participation may take part in ~~those~~any proceedings~~, either in support of the defendant~~ covered under this directive, either in support of the person engaged in public participation or to provide information.

Amendment 210 #

Proposal for a directive
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 to~~could, in accordance with national law, support the defendant in the proceedings or provide information.

Amendment 211 #

Proposal for a directive
Article 7 – paragraph 1

Amendment 212 #

Proposal for a directive
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 inbrought against natural or legal persons on account of their engagement in public participation may accept that non- governmental organisations in accordance with national law provide out-of-court support tof the defendant ~~or to provide information~~in connection with those proceedings.

Amendment 213 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Paul TANG, Thijs REUTEN, Sylvie GUILLAUME

Proposal for a directive
Article 7 a (new)

Article 7a Third party representation Member States shall take the necessary measures to ensure that in any proceedings covered under this directive the defendant has the right to have, subject to her or his request, a body, organisation or association act on her or his behalf.

Amendment 214 #

Proposal for a directive
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 costs, including procedural costs, ~~or for procedural~~costs of legal representation, and other associated costs and damages, if it considers such security appropriate in view of presence of elements indicating abusive court proceedings against public participation as defined in Article 3(3) of this Directive.

Amendment 215 #

Proposal for a directive
Chapter III – title

~~III~~ Early dismissal of ~~manifestly unfounded court proceeding~~fully or partially unfounded claims

Amendment 216 #

Proposal for a directive
Chapter III – title

~~III~~ Early dismissal of manifestly unfounded c~~ourt proceeding~~laims

Amendment 217 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Paul TANG, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
Chapter III – title

~~III~~ Early dismissal of ~~manifestly unfounded court proceeding~~abusive lawsuits

Amendment 218 #

Proposal for a directive
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 unfounded~~when they rely on claims that are fully or partially unfounded in the meaning of Article 3(3) of this Directive.

Amendment 219 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Paul TANG, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
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 proceeding~~lawsuits against public participation as ~~manifestly unfounded~~abusive as defined in Article 3 para. 3.

Amendment 220 #

Proposal for a directive
Article 9 – paragraph 1

1. Member States shall ~~empower~~allow 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 participation~~claims as manifestly unfounded.

Amendment 221 #

Proposal for a directive
Article 9 – paragraph 1

1. Member States ~~shall~~may empower courts and tribunals to adopt an early decision to dismiss, in full or in part, court proceedings against public participation as manifestly unfounded.

Amendment 222 #

Proposal for a directive
Article 9 – paragraph 2

2. Member States may 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.deleted

Amendment 223 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Paul TANG, Thijs REUTEN, Sylvie GUILLAUME

Proposal for a directive
Article 9 – paragraph 2

Amendment 224 #

Proposal for a directive
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

~~Member States shall ensure that if the defendant applies for early dismissal, the main proceedings are stayed until a final decision on that application is taken.~~Article 10 deleted Stay of the main proceedings

Amendment 226 #

Proposal for a directive
Article 11

Amendment 227 #

Proposal for a directive
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

~~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.~~Article 12 deleted Burden of proof

Amendment 229 #

Proposal for a directive
Article 12 – paragraph 1

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 ~~manifest~~fully or partially unfounded.

Amendment 230 #

Proposal for a directive
Article 12 – paragraph 1

Member States shall ensure that where a defendant has applied for early dismissal, it shall be for the claimant to ~~prov~~substantiate that the claim is not manifestly unfounded.

Amendment 231 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Paul TANG, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
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 claimwsuit is not ~~manifestly unfounded~~abusive.

Amendment 232 #

Proposal for a directive
Article 12 – paragraph 1 a (new)

1a. Pursuant to paragraph 1, when seeking to avoid an early dismissal, the claimant shall establish a prima facie case, as to each essential element of the court proceedings, that the claim is not fully or partially unfounded.

Amendment 233 #

Proposal for a directive
Article 13 – paragraph 1

Member States shall ensure that a decision re~~fus~~lating to~~r granting~~ early dismissal pursuant to Article 9 is subject to an appeal and recourse.

Amendment 234 #

Proposal for a directive
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.

Amendment 235 #

Proposal for a directive
Article 14 – paragraph 1

1. Member States shall take the necessary measures to ensure that a claimant who has brought abusive court proceedings against public participation can 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~~. This award of costs should be an automatic feature of the court’s decision within the same proceedings.

Amendment 236 #

Proposal for a directive
Article 14 – paragraph 1 a (new)

1a. Where the domestic law does not guarantee the compensation of costs for legal representation beyond statutory fee tables, the court should be enabled to indemnify costs not encompassed in statutory fee tables through compensation of damages pursuant to Article 15.

Amendment 237 #

Proposal for a directive
Article 15 – paragraph 1

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, without the need to initiate separate court proceedings to that end.

Amendment 238 #

Proposal for a directive
Article 15 – paragraph 1 a (new)

1a. Member States shall ensure that full compensation for harm covers: (a) material damage, including but not limited to lawyer fees, when they are not reimbursable as costs, travel expenses and medical costs, in particular psychological assistance. Pre-trial costs should be considered material damages, if they are not included in costs according to national laws; (b) immaterial damage, including but not limited to different forms of physical and/or psychological harm, pain and suffering or emotional distress related to the court proceedings, impairment of life or of relationship, reputational damage and in general, any types of intangible damage.

Amendment 239 #

Proposal for a directive
Article 16 – paragraph 1

1. Member States shall provide that courts or tribunals seised of abusive court proceedings against public participation have the possibility to impose effective, proportionate and dissuasive penalties on the party who brought those proceedings. 2. Member States shall ensure that the level of penalties are quantified and proportionate to the elements of abuse identified, to the amount of the claim and to the financial situation of the claimant, specifically when the claimant is a legal person. 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 threaten the defendant, shall also be taken into account.

Amendment 240 #

Proposal for a directive
Article 17 – paragraph 1

1. Member States shall ensure that the recognition and enforcement of a third- country judgment in court proceedings on account of public participation by natural or legal person domiciled in a Member State is refused as manifestly contrary to public policy (ordre public) if those proceedings would have been considered ~~manifestly unfounded or abus~~fully or partially abusive as defined in Article 3(3) of this Directive if they had been brought before the courts or tribunals of the Member State where recognition or enforcement is sought and those courts or tribunals would have applied their own law.

Amendment 241 #

Proposal for a directive
Article 17 – paragraph 1 a (new)

2. Member States shall take the measures necessary to ensure that, where a court refuses recognition and enforcement of a third-country judgment in accordance with paragraph 1, the defendant is able to request and obtain from the court or tribunal of the Member State where recognition or enforcement is sought a declaratory judgment on the abusive nature of court proceedings on account of public participation pursuant to its own law.

Amendment 242 #

Proposal for a directive
Chapter V a (new)

CHAPTER VI - SUPPORT MEASURES Article 18a - National Fund 1. Member States shall establish a national fund for the compensation of any natural or legal person who has suffered harm as a result of an abusive court proceedings against public participation not covered by already existing national schemes for compensation to victims. 2. Member States shall ensure that organisations providing guidance and support for targets of abusive court proceedings against public participation are provided with sufficient resources in order to perform their tasks adequately. To this end, the fund provided for in paragraph 1 shall also be dedicated to provide financial support towards them, in particular to make sure that they have sufficient resources to react quickly against such proceedings. 3. National funds shall be partially funded by the penalties as provided for in Article 16 of this Directive. Member States shall decide on the amount of the penalties to be covered by the national funds. Article 18b - Non-financial support mechanisms 1. Member States shall ensure that non-financial support mechanisms are provided to persons engaging in public participation. Such measures shall include the provision of legal aid and psychological support, as well as information concerning the organisations providing guidance and support for targets of abusive court proceedings against public participation. The support and assistance shall be accessible and free of charge. 2. Member States shall establish a national focal point that gathers and shares information on all organisations that provide guidance and support for targets of abusive court proceedings against public participation. 3. Member States shall facilitate the exchange of information and best practices between organisations that provide guidance and support for targets of abusive court proceedings against public participation.

Amendment 243 #

Proposal for a directive
Chapter V b (new)

CHAPTER VII - PREVENTIVE MEASURES Article 18c Training 1. With due respect for judicial independence, the independence of the legal profession and differences in the organisation of the judiciary across the Union, Member States shall support training opportunities for legal professionals such as judiciary and judicial staff at all court levels, qualified lawyers as well as for potential targets of such court proceedings in order to increase awareness of strategic lawsuits against public participation and the procedural safeguards against them provided for in this Directive, as well as awareness of the needs of natural or legal persons engaging in public participation. 2. Member States shall ensure that trainings are extended to individuals and organisations engaging in public participation to ensure that they are able to recognize when they are confronted with an abusive court proceeding as defined in Article 3(3) and to equip them with specific knowledge in order to respond accordingly. Member States shall ensure that abusive court proceedings against public participation are included in particular in the law and journalism curricula. 3. Member States shall receive support from the Commission in facilitating training and the exchange of practices in order to ensure to the extent possible common objectives and methodology at EU level. In this regard, they should ensure the involvement of legal practitioners and their professional associations, whose role, from preparing needs analyses to the evaluation of results, is of paramount importance to ensuring the effectiveness and sustainability of training activities. Article 18d - Awareness-raising 1. Member States shall take appropriate action, such as information and awareness-raising campaigns targeting all relevant stakeholders both from the public and private sector and research and education programmes, in order to foster knowledge about strategic lawsuits against public participation and the procedural safeguards set out in this Directive, to raise public awareness and seriously reduce the risk or threat of such lawsuits. Where appropriate, Member States shall act in cooperation with all relevant stakeholders. 2. Member States shall provide support and information on raising awareness activities on existing support structures at EU and national levels, including reference to national focal points that gather and share information on available resources, including on legal assistance and the legal avenues of defence available. 3. The legal measures inhibiting the use of abusive court proceedings shall be complemented with educational measures and a network of organisations providing legal support for persons and institutions against which such actions are brought. Article 18e - Data collection 1. Member States should, taking into account their institutional arrangements on judicial statistics, entrust one or more authorities to be responsible to collect and aggregate, in full respect of data protection requirements, data on abusive court proceedings against public participation initiated in their jurisdiction. 2. Data referred to in paragraph 1 should include: (a) the number of abusive court proceedings against public participation cases, initiated in the relevant year; (b) the number of abusive court proceedings against public participation cases dismissed early as relying on fully or partially unfounded claims in the relevant year starting from 2022, both dismissed on merits and for procedural reasons; (c) the number of court proceedings, classified by type of defendant (e.g. journalist, human rights defender, press outlet); (d) the number of court proceedings, classified by type of plaintiff (e.g. politician, private person, company, whether the plaintiff is a foreign entity); (e) figures about acts of public participation on the account of which court proceedings were launched; (f) figures on the estimated amount of initial damages requested by plaintiffs; (g) description of the different legal bases employed by plaintiffs and related figures; (h) figures on the length of the proceedings, including all instances; (i) figures on cross-border elements; (j) as available, other data including on judicial costs of proceedings and, as relevant and appropriate, relevant figures on historical backgrounds of cases. (k) the type of claim issued on the basis of this Directive and the Recommendation accompanying it. 3. For the purpose of paragraph 1 of this Article, Member States shall establish a register of court decisions concerning matters governed by this Directive and the Recommendation accompanying it. Such register shall be made publicly accessible free of charge at point of use, and comply with Union and national rules on the protection of personal data.

Amendment 244 #

Proposal for a directive
Article 20 – paragraph 1

Member States shall provide the Commission with all relevant information regarding the application of this Directive, in particular available data collected on the basis of Article 18e on data collection by [53 years from the date of transposition]. On the basis of the information provided, the Commission shall by [64 years from the date of transposition] at the latest, and every 5 years thereafter, 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~~assessing the purpose and objectives of this Directive. In particular, the report shall: (a) contain an assessment of the correct implementation of this Directive and its accompanying Recommendation by Member States. (b) provide an overview of the evolution of abusive court proceedings against public participation (c) assess compliance by Member States of Article 18e and provide an overview, findings and recommendations of the data collected. (d) provide an evaluation of the impact of this Directive in the Member States. (e) measure the progress made in preventing abusive court proceedings against public participation based on objective criteria included in the evaluation. (f) assess the possible need to amend this Directive. In this regard, the report shall be accompanied by legislative proposals to amend this Directive. (g) provide a detailed analysis of potential abusive court proceedings against public participation not covered under this Directive and consider the need for proposing new legislation to cover them. The analysis shall be accompanied by concrete proposals in this Ddirecti~~ve in the Member States. If necessary, the repor~~on. (h) provide an overview about the steps taken by Member States to review their legal frameworks applicable to defamation to ensure that existing concepts and definitions cannot be used in the context of abusive court proceedings against public participation, and of the progress made by Member States in following the recommendations by the Council of Europe and OSCE. (i) assess whether the legal frameworks in Member States provide for the necessary safeguards to address abusive court proceedings, in full respect of fundamental rights and freedoms, and ensure protection. This assessment shall be accompanied by concrete proposals ~~to amend this Directive.~~ and recommendations. (j) follow-up on the progress achieved since the presentation of the last report.

Amendment 245 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Paul TANG, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
Article 20 – paragraph 1

Member States shall provide the Commission with all relevant information regarding the application of this Directive by [53 years from the date of transposition] and thereafter on an annual basis. On the basis of the information provided, the Commission shall by [64 years from the date of transposition] at the latest, submit to the European Parliament and the Council an annual report on the application of this Directive. The report shall provide an assessment of the evolution of abusive ~~court proceeding~~lawsuits 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. Those reports shall be made public.

Amendment 246 #

Proposal for a directive
Article 20 – paragraph 1

Member States shall provide the Commission with all relevant information regarding the application of this Directive by [53 years from the date of transposition]. On the basis of the information provided, the Commission shall by [64 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 247 #

Proposal for a directive
Article 20 – paragraph 1

Amendment 248 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Paul TANG, Thijs REUTEN, Sylvie GUILLAUME

Proposal for a directive
Article 20 – paragraph 1 a (new)

The Commission shall, based on the application of this Directive on SLAPPs in civil claims brought in criminal proceedings and based on other available information, assess if further action against SLAPPs in criminal proceedings is necessary.

Amendment 32 #

Proposal for a directive
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 33 #

Proposal for a directive
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 or~~ abusive court proceedings (“Strategic lawsuits against public participation”)

Amendment 34 #

Proposal for a directive
Citation 2 a (new)

Having regard to the opinion of the European Economic and Social Committee,

Amendment 35 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
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), freedom of the arts and sciences (Article 13), and to an effective remedy and to a fair trial (Article 47).

Amendment 36 #

Proposal for a directive
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 37 #

Proposal for a directive
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 38 #

Proposal for a directive
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 39 #

Proposal for a directive
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. 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 as interpreted by the European Court of Human Rights (“ECtHR”). The right to freedom of expression has consistently been held to be one of the ‘essential foundations’ of a democratic society by the European Court of Human Rights, and both the Charter and the ECHR provide for a very wide right to express oneself freely.

Amendment 40 #

Proposal for a directive
Recital 3 a (new)

(3a) As recognised by consistent jurisprudence of the ECtHR in relation to the interpretation of relevant provisions of the ECHR, in the light of which the Charter shall be interpreted and applied pursuant to its Article 52(3), the right to freedom of expression and information may also be given expression through the exercise of other rights and freedoms, including the right to freedom of assembly and of association, as set forth in Article 12 of the Charter, and the freedom of the arts and sciences, including academic freedom, as set forth in Article 13 of the Charter. Article 12 of the Charter also explicitly guarantees the right of everyone to form and to join trade unions for the protection of his or her interests, which is further consolidated in Article 28 of the Charter, guaranteeing the right of collective bargaining and action. The ECHR also imposes a positive obligation on contracting states to safeguard the freedom and pluralism of the media and to create a favourable environment for participation in the public debate.

Amendment 41 #

Proposal for a directive
Recital 3 a (new)

(3a) As recognised by consistent jurisprudence of the ECtHR in relation to the interpretation of relevant provisions of the ECHR and in the light of which the Charter is to be interpreted and applied pursuant to its Article 52(3), the right to freedom of expression and information may also be given expression through the exercise of other rights and freedoms, including the right to freedom of assembly and of association, as set forth in Article 12 of the Charter, and the freedom of the arts and sciences, including academic freedom, as set forth in Article 13 of the Charter. Article 12 of the Charter explicitly guarantees the right of everyone to form and to join trade unions for the protection of his or her interests, which is further consolidated in Article 28 of the Charter, guaranteeing the right of collective bargaining and action.

Amendment 42 #

Proposal for a directive
Recital 3 a (new)

(3a) The right to freedom of expression is a fundamental right that must be exercised with duty and responsibility, taking into consideration the fundamental right of the people to know the truth as well as the respect for the fundamental right to protect one’s reputation and privacy1a; whereas, in case of a conflict between these rights, any party must have access to courts where is entitled to a fair trial and equality of arms;2a __________________ 1a Article 10 of the European Convention of Human Rights 2a Article 6 of the European Convention of Human Rights

Amendment 43 #

Proposal for a directive
Recital 3 a (new)

(3a) Right to freedom of expression is a fundamental right that should be exercised with sense of responsibility, taking into account people’s fundamental right to obtain impartial information as well as the respect for the fundamental right to respect for one’s privacy.

Amendment 44 #

Proposal for a directive
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)

(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)

(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)

(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 48 #

Proposal for a directive
Recital 4

(4) The purpose of this Directive is to provide minimum rules at Union level in order to ensure the protection tof natural and legal persons who engage in public participation on matters of public interest, in ~~particular~~cluding journalists ~~and human rights defenders~~, media outlets and rights defenders, in particular, human rights, environmental, women's and LGBTIQ+ rights defenders, as well as civil society organizations, NGOs, activists, trade unions, artists, researchers, academics, bloggers, whistleblowers and political opposition, 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 49 #

Proposal for a directive
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 50 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
Recital 4

(4) The purpose of this Directive is to provide protection to natural and legal persons ~~who~~ engageing in public participation on matters of public interest, in particular journalists, media organizations, and human rights defenders, ~~against court proceeding~~including civil society, non-governmental organisations and trade unions, as well as researchers, academics or artists and whistleblowers, against lawsuits, which are initiated against them, as well as the threats thereof, to deter them from public participation (commonly referred to as strategic lawsuits against public participation or ‘SLAPPs’).

Amendment 51 #

Proposal for a directive
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,~~, whistleblowers, activists, academics, researchers, artists and human rights defenders, including civil society, non-governmental organisations and trade unions 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 52 #

Proposal for a directive
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, publishers, academics, civil society representatives 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 53 #

Proposal for a directive
Recital 5

(5) Journalists play an important role in facilitating public debate and in the imparting and reception of information, opinions and ideas. I~~t is essential that they~~ndependent, impartial, professional and responsible journalism, as well as access to pluralistic information, are key pillars of democracy. It is essential that journalists 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 and without fear to ensure that citizens have access to a plurality of views in European democracies.

Amendment 54 #

Proposal for a directive
Recital 5

(5) Journalists can 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 report truthfully, factually and objectively, all of which will contribute to countering disinformation, information manipulation and interference. Journalists should be able to conduct their activities effectively and free of corporate, political or other pressure or influence in order to ensure that citizens have access to a plurality of views in European democracies.

Amendment 55 #

Proposal for a directive
Recital 6

(6) Investigative journalists in particular play a key role in ~~combat~~uncovering organised crime, ~~corruption~~abuse of power, corruption, fundamental rights violations and extremism. Their work carries particularly high risks and they are experiencing a growing number of attacks, intimidation and harassment. A robust system of safeguards isand protection, including to protect life and investigate assassinations, are needed to enable them to fulfil their crucial role as watchdogs on matters of legitimate public interest, without fear of punishment for searching for the truth and informing the public.

Amendment 56 #

Proposal for a directive
Recital 6

(6) Investigative journalists in particular play a key role in ~~combating organised crime, corruption and extremism~~informing the public on a wide range of issues, including, inter alia, crime, corruption, corporate malpractice, and revolving doors between politics and the private sector. Their work carries particularly high risks and they are experiencing a growing number of attacks and harassment. A robust system of safeguards is needed to enable them to fulfil their crucial role as watchdogs onand reporters of matters of legitimate public interest.

Amendment 57 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
Recital 6

(6) Investigative journalists and media organisations in particular play a key role in combating organised crime, corruption and extremism. Their work carries particularly high risks and they are experiencing a growing number of attacks and harassment. A robust system of safeguards is needed to enable them to fulfil their crucial role as watchdogs on matters of legitimate public interest.

Amendment 58 #

Jean-Paul GARRAUD, Gilles LEBRETON, Annika BRUNA, Patricia CHAGNON

Proposal for a directive
Recital 6

(6) Investigative journalists in particular play a key role in combating organised crime, corruption and extremism. Their work carries particularly high risks and they are experiencing a growing number of attacks, threats and harassment. A robust system of safeguards is needed to enable them to fulfil their crucial role as watchdogs on matters of ~~legitimate~~ public interest.

Amendment 59 #

Proposal for a directive
Recital 6 a (new)

(6a) Increasing numbers of journalists are being harassed, threatened and attacked either while reporting on or after having filed reports on Islamism; it is vital to ensure their safety and to address this specific threat;

Amendment 60 #

Proposal for a directive
Recital 7

Amendment 61 #

Proposal for a directive
Recital 7

Amendment 62 #

Nicolaus FEST

Proposal for a directive
Recital 7

Amendment 63 #

Proposal for a directive
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, gender equality and the rule of law. They should be able to participate actively in public life, hold power to account, 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, including trade union rights, or religious freedoms. Other participants in public debate, such as academics ~~and~~, researchers, artists, whistleblowers and political opposition also deserve adequate protection.

Amendment 64 #

Proposal for a directive
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, political freedoms, freedom of speech, privacy rights, or religious freedoms. Other participants in public debate, such as academics ~~and~~, researchers and artists, also deserve adequate protection.

Amendment 65 #

Proposal for a directive
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 or religious freedoms. Other participants in public debate, such as academics and researchers, also deserve adequate protection.

Amendment 66 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Thijs REUTEN, Sylvie GUILLAUME

Proposal for a directive
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 refers to individuals, groups, or organisations engaged in defending fundamental rights and a variety of other rights, such as civil, political, economic, social, cultural, 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, also deserve adequate protection~~.

Amendment 67 #

Proposal for a directive
Recital 7 a (new)

(7a) Academics and researchers, exercising both their right and obligation to express themselves within their area of expertise, contribute fundamentally to public discourse and dissemination of knowledge, as well as ensure that the democratic debate can happen on an informed basis. Legal intimidation that attempts to prevent them from communicating on matters related to their scientific activities is a direct violation of academic freedom and jeopardises the crucial role of scholars in combatting disinformation and misinformation.

Amendment 68 #

Jean-Paul GARRAUD, Gilles LEBRETON, Annika BRUNA, Patricia CHAGNON

Proposal for a directive
Recital 7 a (new)

(7a) Environmental defenders also play a key role to protect fundamental rights and to reach the environmental objectives set by the European Union, and shall in no way be persecuted or harassed for their involvement in activities to protect human rights, environmental and climate rights. In recent years, environmental defenders have been subjected to ever-increasing incidences of killings, threats, harassment, intimidation, smear campaigns, criminalisation and judicial harassment.

Amendment 69 #

Proposal for a directive
Recital 7 a (new)

(7a) Human rights defenders play an important role in democracies, particularly in defending national and European borders, when deterring irregular immigrants from taking potentially life-threatening risks such as crossing the Mediterranean or the English Channel;

Amendment 70 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
Recital 7 a (new)

(7a) Other participants in public debate, such as academics and researchers as well as individual persons, such as artists and whistleblower, also deserve adequate protection, since they are also targeted by SLAPPs.

Amendment 71 #

Proposal for a directive
Recital 7 b (new)

(7b) Women's and LGBTIQ+ rights defenders also play an instrumental role in promoting and defending gender equality as well as providing support and protection to victims of gender-based violence. Women’s rights and LGBTIQ+ defenders as well as the organisations defending them are increasingly under attack and face threats and violence that lead to self-censorship. Abusive court proceedings are increasingly being used against them in order to hinder progress in achieving gender equality.

Amendment 72 #

Jean-Paul GARRAUD, Gilles LEBRETON, Annika BRUNA, Patricia CHAGNON

Proposal for a directive
Recital 8

(8) A ~~healthy and thriv~~functioning democracy requires that people are able to participate actively in public debate without undue interference by public authority or other powerful actors, be they domestic or foreign. In order to secure meaningful participation, people should be able to access reliable 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 73 #

Proposal for a directive
Recital 8 a (new)

(8a) Is worried about the French Government’s threats to a private audiovisual conglomerate owing to ideological disagreements; notes that this is an attack on the independence of France’s Public Authority for the Regulation of Audiovisual and Digital Communication (ARCOM) and a breach of the duty of confidentiality; points out that ARCOM subsequently opposed the government, stressing that the conglomerate in question was in full compliance with rules on political pluralism;

Amendment 74 #

Proposal for a directive
Recital 9

(9) To foster this environment, it is important to protect ~~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~~natural or legal persons who engage in public participation, in particular journalists, whistleblowers, activists, academics, researchers, artists and human rights defenders, including civil society, non- governmental organisations and trade unions from court proceedings against public participation. Such court proceedings are not initiated for the purpose of access to justice in order to genuinely assert, vindicate or exercise a right, but to prevent, restrict or penalise public participation, ultimately seeking to silence public debate typically using harassment and intimidation.

Amendment 75 #

Proposal for a directive
Recital 9

(9) To foster this environment, it is important to protect jonaturnal~~ists~~ and ~~human rights defenders~~legal persons who engage in public participation from court proceedings against public participation. Over the years, SLAPPs have increasingly been used to criminalise solidarity, as well as activists defending women’s rights, gender equality and LGBTIQ+ rights, increasingly questioning their role as public watchdogs and contributing to the shrinking space for civil society in the Union. Such court proceedings are not initiated for the purpose of access to justice, but to silence public debate ~~typically using~~. They often use harassment and intimidation.

Amendment 76 #

Proposal for a directive
Recital 9

(9) To foster this environment, it is important to protect jonaturnal~~ists~~ and ~~human rights defender~~legal persons from court proceedings against public participation. Such court proceedings are not initiated for the purpose of access to justice, but to silence public debate and prevent investigation and reporting on breaches of Union and national law, corruption or other abusive practices, typically using harassment and intimidation.

Amendment 77 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
Recital 9

(9) To foster this environment, it is important to protect ~~journalists and human rights defenders from court proceeding~~natural and legal persons engaging in public participation from lawsuits 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.

Amendment 78 #

Proposal for a directive
Recital 9 a (new)

(9a) While SLAPPs are a significant threat to public access to reliable information, there are others, including commercial pressures and imperatives, political pressure, journalistic self- censorship on issues of particular controversy, career precarity and heavy journalist workloads, pressure on journalists to maintain access to elite sources through uncritical reporting, and career promotion being closed off to journalists who breach unspoken and internalised assumptions regarding the correct ‘line’ on issues of particular controversy.

Amendment 79 #

Proposal for a directive
Recital 10

(10) SLAPPs are typically initiated by powerful entities, for example individuals, lobby groups, corporations and 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. A~~lthough not being an indispensable component of such cases, w~~n imbalance of power is a significant and typical component of such cases, but may be absent in some cases which fulfil the SLAPP criteria, if all of the other components characterising a SLAPP are present. Cases where an imbalance of power is not present should be interpreted cautiously, in order to avoid SLAPP allegations being vexatiously levelled at NGOs, human rights defenders, activists, journalists and others who turn to the courts to defend against defamatory comment by powerful actors. Where present, an imbalance of power significantly increases the harmful effects as well as the chilling effects of court proceedings against public participation.

Amendment 80 #

Proposal for a directive
Recital 10

(10) SLAPPs are typically initiated by powerful individuals or entities, for example ~~individuals,~~ lobby groups, corporations and state organs~~. They~~ and authorities, including politicians and judicial authorities in an attempt to silence public debate. They can be sued for expressing critical views on the behaviour or denouncing wrongdoing, and 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 81 #

Proposal for a directive
Recital 10

(10) SLAPPs are typically initiated by powerful entities, for example individuals, lobby groups, corporations ~~and state organ~~, public officials and publicly controlled entities. 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 82 #

Proposal for a directive
Recital 11

(11) Court proceedings against public participation may have an adverse impact on the credibility and reputation of journalists ~~and human rights defender~~, whistleblowers, activists, academics, researchers, artists and human rights defenders, including civil society, non-governmental organisations and trade unions 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. The length of procedures and the financial pressure may have a chilling effect on journalists ~~and human rights defender~~, whistleblowers, activists, academics, researchers, artists and human rights defenders, including civil society, non- governmental organisations and trade unions. The existence of such practices may therefore have a deterrent effect on their work by contributing to self- censorship in anticipation of possible future court proceedings, which leads to the impoverishment of public debate to the detriment of society as a whole.

Amendment 83 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Thijs REUTEN

Proposal for a directive
Recital 11

(11) ~~Court proceeding~~Lawsuits against public participation ~~may~~ have an adverse impact on ~~the credibility and reputation of journalists and human rights defenders and~~natural and legal persons engaging in public participation. The negatively affect their credibility and reputation, exhaust their financial and other resources, as well as cause them psychological harm. Because of such ~~proceeding~~lawsuits, the publication of information on a matter of public interest may be delayed or altogether avoided. The length of procedures and the financial pressure may have a chilling effect on jonaturnal~~ists~~ and ~~human rights defenders~~legal persons engaging in public participation. The existence of such practices may therefore have a deterrent effect on their work by contributing to self-censorship in anticipation of possible future court proceedings, which leads to the impoverishment of public debate to the detriment of society as a whole.

Amendment 84 #

Proposal for a directive
Recital 11

(11) Court proceedings against public participation may have an adverse impact on the credibility and reputation of journalists, academics and human rights defenders 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. The length of procedures and the financial pressure may have a chilling effect on journalists, academics and human rights defenders. The existence of such practices may therefore have a deterrent effect on their work by contributing to self-censorship in anticipation of possible future court proceedings, which leads to the impoverishment of public debate to the detriment of society as a whole.

Amendment 85 #

Proposal for a directive
Recital 11

(11) Court proceedings against public participation may have an adverse impact on the credibility and reputation of ~~journalists and human rights defenders~~persons engaging in public participation 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. 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 self-censorship in anticipation of possible future court proceedings, which leads to the impoverishment of public debate to the detriment of society as a whole.

Amendment 86 #

Proposal for a directive
Recital 12

(12) Those targeted by court proceedings against public participation may face multiple cases simultaneously, ~~sometimes initiated in several jurisdiction~~which can be civil, administrative or criminal or a combination of those, sometimes initiated in several jurisdictions. Reportedly, most cases of abusive court proceedings against public participation are criminal and domestic cases. Proceedings initiated in the jurisdiction of one Member State against a person resident in another Member State are usually more complex and costly for the defendant. Claimants in court proceedings against public participation may also use procedural tools to drive up the length and cost of the litigation, and bring cases in a jurisdiction they perceive to be favourable for their case, rather than to the court best placed to hear the claim. The length of procedures, the financial pressure and the threat of sanctions, in particular criminal sanctions, constitute powerful tools to intimidate and silence critical voices. Such practices also place unnecessary and harmful burdens on national court systems.

Amendment 87 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
Recital 12

(12) Those targeted by ~~court proceeding~~lawsuits against public participation may face multiple cases simultaneously, sometimes initiated in several jurisdictions. Proceedings initiated in the jurisdiction of one Member State against a person resident in another Member State are usually more complex and costly for the defendant. Claimants in ~~court proceeding~~lawsuits against public participation may also use procedural tools to drive up the length and cost of the litigation, and bring cases in a jurisdiction they perceive to be favourable for their case, rather than to the court best placed to hear the claim. Such practices also place unnecessary and harmful burdens on national court systems and lead to a misuse of their resources.

Amendment 88 #

Proposal for a directive
Recital 13

(13) The safeguards provided in this Directive should apply to any natural or legal person on account of their direct or indirect 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 family members, media outlets, internet providers, publishing houses or print shops, which face or are threatened with court proceedings for ~~providing~~assisting, providing support or services to the person targeted with court proceedings.

Amendment 89 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Thijs REUTEN, Sylvie GUILLAUME

Proposal for a directive
Recital 13

(13) The safeguards provided in this Directive should apply to any natural or legal person on account of their direct or indirect 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 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 90 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Thijs REUTEN, Sylvie GUILLAUME

Proposal for a directive
Recital 13 a (new)

(13a) This Directive also aims at discouraging pre-trail procedures, such as warning letters and cease-and-desist declarations, that are used to silence natural and legal persons engaging in public participation. By giving natural and legal persons engaging in public participation the tools to fight such claims in court effectively, the Directive also helps to prevent such intimidation tactics.

Amendment 91 #

Proposal for a directive
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 92 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Thijs REUTEN, Sylvie GUILLAUME

Proposal for a directive
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 whatever the nature of the court or tribunal. This includes c~~ivil claims brought in criminal proceeding~~laims in expedite procedures, such as injunctions. It also includes civil claims brought in criminal proceedings, as they are in essence civil, not criminal claims. It also includes interim and precautionary measures, counteractions or other particular type of remedies available under other instruments.

Amendment 93 #

Proposal for a directive
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, including claims pending before a national court at the time of its entry into force, irrespective of 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.

Amendment 94 #

Proposal for a directive
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 95 #

Proposal for a directive
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, unless national law provide for it. In line with established case law of the Court of justice of the European Union, court proceedings might still fall in the scope of ‘civil and commercial matters’ as referred to in this Directive where a State or a public body is a party, when the acts or omissions are not made in the exercise of State authority.

Amendment 96 #

Katarina BARLEY, Elena YONCHEVA, Matjaž NEMEC, Petar VITANOV, Thijs REUTEN, Cyrus ENGERER, Sylvie GUILLAUME

Proposal for a directive
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 current or future public interest, such as the creation, exhibition, advertisement or other promotion of journalistic, political, scientific, academic, artistic, commentary or satirical communications, publications or works, and any preparatory activities directly linked thereto. ItFuture public interest refers to the fact that a matter may not yet be of public interest, but may become so once the public becomes aware of it for example through a publication or individual complaint. Public participation can also include activities related to the exercise of the right to academic freedom, 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 97 #

Proposal for a directive
Recital 16

(16) Public participation should mean any statement or activity, preparatory, supporting or assisting action directly linked thereto, by a natural or legal person expressed or carried out in the exercise of fundamental rights and freedoms such as 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 or 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 academic and artistic freedom, 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 98 #

Proposal for a directive
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 or academic freedom on a matter of public interest, such as the creation, exhibition, advertisement or other promotion of journalistic, 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 99 #

Proposal for a directive
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, 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 academic freedom, 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.

source: 746.644

2023/04/11 JURI 282 amendments...

Amendment 100 #

Proposal for a directive
Recital 12 a (new)

(12 a) To foster prevention of SLAPP initiation and protection of targeted natural or legal person, it is crucial to promote relevant information, awareness raising, campaigns, education and training, including on their rights and protection mechanisms.

Amendment 101 #

Proposal for a directive
Recital 13

Amendment 102 #

Amendment 103 #

Proposal for a directive
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 104 #

Proposal for a directive
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 ~~whatever~~, including claims pending before a national court at the time of its entry into force, irrespective of 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.

Amendment 105 #

Proposal for a directive
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 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.

Amendment 106 #

Proposal for a directive
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, unless national law provide for it. In line with established case law of the Court of justice of the EU, court proceedings might still fall in the scope of ‘civil and commercial matters’ as referred to in this Directive where a State or a public body is a party, when the acts or omissions are not made in the exercise of State authority.

Amendment 107 #

Proposal for a directive
Recital 15

Amendment 108 #

Proposal for a directive
Recital 16

(16) Public participation should mean any statement or activity by a natural or legal person expressed or carried out in any form 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, political, scientific, academic, artistic, commentary or satirical communications, publications or works, ~~and any preparatory activities directly linked thereto~~or filing of complaints, petitions, claims and participation in public hearings. 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~~as well as to 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 participationaccess to justice. 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 109 #

Proposal for a directive
Recital 16

Amendment 110 #

Proposal for a directive
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 or academic freedom on a matter of public interest, such as the creation, exhibition, advertisement or other promotion of journalistic, 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 111 #

Proposal for a directive
Recital 17

(17) Public participation should not normally cover commercial advertisement and marketing activity~~, which are typically not made in the exercise of freedom of expression and information~~.

Amendment 112 #

Proposal for a directive
Recital 17

(17) Public participation should not normally cover commercial advertisement and marketing activity~~, which are typically not made in the exercise of freedom of expression and information~~.

Amendment 113 #

Proposal for a directive
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 and provided, where such matters are relevant to public health, safety, the environment, climate, rule of law or enjoyment of fundamental rights, including labour rights, media freedom and pluralism, non- discrimination, gender equality and protection from gender-based violence. 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 114 #

Proposal for a directive
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 115 #

Proposal for a directive
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 not 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 116 #

Proposal for a directive
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 117 #

Proposal for a directive
Recital 18

Amendment 118 #

Proposal for a directive
Recital 19 a (new)

(19 a) Allegations of corruption, fraud, money laundering, extortion, coercion or other forms of intimidation and criminality including environmental crime are also matters of public interest. Activities aimed to protect the rule of law to fight disinformation, as well as scientific and research activities, including in the field of environment and climate also qualify as matters of public interest.

Amendment 119 #

Proposal for a directive
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 gaining access to justice. Strategic lawsuits against public participation are commonly characterised by claims that lack any legal merit, exhibit an imbalance of power and the abuse of rights or of process by the plaintiff. Abusive lawsuits against public participation typically involve litigation tactics used in bad faith such as abusive 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 or genuinely exercising a right. The past records of the claimant and, in particular, any history of legal intimidation should also be considered when determining whether the court proceedings are abusive in nature.Such tactics are often, although not always, combined with various forms of intimidation, harassment or threats.

Amendment 120 #

(20) Abusive court proceedings typically involve litigation tactics used in bad faith such as relying on one or more fully or partially unfounded claim, exploiting an economic advantage or political influence by the claimant against the defendant, leading to an imbalance of power between the two parties, as well as requesting exaggerated or excessive damage claims or disproportionate prior restraint measures, which delay~~ing~~ 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 121 #

Proposal for a directive
Recital 20

Amendment 122 #

Ilana CICUREL

Proposal for a directive
Recital 20

Amendment 123 #

Proposal for a directive
Recital 20 a (new)

(20 a) SLAPPs are consistently characterized by imbalance of power between the claimant and the defendant in terms of financial and legal resources. This imbalance of power causes particular concern if the abusive lawsuits are funded directly or indirectly from the state budgets and are combined with other indirect and direct state measures against independent media outlets, independent journalism and civil society.

Amendment 124 #

Proposal for a directive
Recital 20 a (new)

(20 a) Abusive lawsuits against public participation are becoming more sophisticated and more effective, with one of the techniques used being multiple lawsuits filed against the same person on the same subject matter, meaning that all of them have to be defended and dealt with simultaneously and in parallel by the same person, which increases costs disproportionally.

Amendment 125 #

Proposal for a directive
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 126 #

Proposal for a directive
Recital 20 b (new)

(20 b) Abusive lawsuits against public participation often infringe on victims’ right to defence recognised by the Charter, possibly also impacting on their right to a fair trial and the presumption of innocence;

Amendment 127 #

Proposal for a directive
Recital 21

Amendment 128 #

Proposal for a directive
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 129 #

Proposal for a directive
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. That includes for instance public participation inacts which have a cross- border nature or dimension, such as events organised by Union institutions, such as appearances in public hearings, or ~~statements or activities on matters that are of specific relevance to more than one Member State, such as~~widely disseminated publications. It shall also include statements or activities on matters which the public of more than one Member State may legitimately take an interest on, and therefore are or may become of specific relevance to more than one Member State, such as economic or political activities of cross-border relevance, cross-border enjoyment or abuse of fundamental rights or freedoms under EU law, 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~~abusive lawsuits against public participation.

Amendment 130 #

Proposal for a directive
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, including online, concern~~ing~~s a matter of public interest at stake 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 legitimate interest which the public in different Member States may take in the matter of public interest concerned by the act. That includes for instance public participation in events organised by Union institutions, such as appearances in public hearings, or statements or activities on matters that are of specific relevance to more than one Member State, such as cross-border pollution orincluding diffuse pollution, economic or political activity of cross- border relevance, allegations of money laundering with potential cross- border involvement, or cross-border enjoyment or abuse of fundamental rights or freedoms under EU law. 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 131 #

Proposal for a directive
Recital 22

(22) This Directive shall be considered lex specialis with respect to Regulation 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast).For matters not specifically covered in this Directive, the said Regulation shall apply. 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 i~~, such as where the specific act of public participation concerning a matter of public interest at stake took place in more than one Member States or it is relevant 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 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 w~~When the claimant or associated entities have initiated concurrent or previous court proceedings against the same or associated defendants in another Member State involving the same cause of action , the existing relevant rules on Lis pendens and related actions shall apply. These ~~two~~ types of situations take into consideration the specific context of SLAPPs.

Amendment 132 #

Proposal for a directive
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. That includes for instance public participation inacts which have a cross border dimension, such as events organised by Union institutions, ~~such as~~ appearances in public hearings, or ~~statements or activities on matters that are of specific relevance to more than one Member State, such as~~widely disseminated publications. It shall also include statements or activities on matters which the public of more than one Member State may legitimately take an interest on, and therefore are or may become of specific relevance to more than one Member State, such as cross-border enjoyment or abuse of fundamental rights or freedoms under EU law, 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 133 #

Proposal for a directive
Recital 22 a (new)

(22 a) Support should be available from the moment competent authorities become aware of the persons targeted by court proceedings against public participation and throughout the proceedings in accordance with the rights set out in this Directive. Support should be made available by a variety of means, including by providing comprehensive and independent information and advice, in a manner that is easily accessible to the public and free of charge, on procedures and remedies available, on protection against intimidation, harassment or threats of legal action, and on the rights of the person concerned, and by providing legal aid in cross-border civil proceedings, legal aid in further proceedings and legal counselling or other legal assistance which is deemed appropriate. Member States should provide for financial assistance and support measures, including psychological support, for those targeted by court proceedings against public participation

Amendment 134 #

Proposal for a directive
Recital 23

Amendment 135 #

Proposal for a directive
Recital 24 a (new)

(24 a) Any entity safeguarding or promoting the rights of persons engaging in public participation or otherwise bearing an interest in the defence of the public participation activity targeted by an abusive lawsuit againt public participation should have the opportunity to take part in those proceedings, either in support of the defendant or to provide information. Such possibility of legal representation should be without prejudice to the right and competences of trade unions and workers’ representatives to engage on behalf of or in support of workers in judicial proceedings, in accordance with other Union and national rules.

Amendment 136 #

Proposal for a directive
Recital 24 a (new)

(24 a) Any entity safeguarding or promoting the rights of persons engaging in public participation or otherwise bearing an interest in the defence of the public participation activity targeted by a SLAPP shall have the opportunity to take part in those proceedings, either in support of the defendant or to provide information. Such possibility of legal representation should be without prejudice to the right and competences of trade unions and workers’ representatives to engage on behalf of or in support of workers in judicial proceedings, in accordance with other Union and national rules.

Amendment 137 #

Proposal for a directive
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 138 #

Proposal for a directive
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 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 and covering the costs and damage caused to the defendant. 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 139 #

Proposal for a directive
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, 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 140 #

Proposal for a directive
Recital 26

Amendment 141 #

Proposal for a directive
Recital 30

Amendment 142 #

Proposal for a directive
Recital 30

Amendment 143 #

Proposal for a directive
Recital 30

(30) If a defendant has applied for early dismissal, it should be for the claimant in the main proceedings to prove in the accelerated procedure that the claim is not man~~ifestly unfounded~~ abusive lawsuit against public participation . This does not represent a limitation of access to justice, taking into account that the claimant carries the burden of proof in relation to that claim in the main proceedings and only needs to meet the much lower threshold of showing that the claim is not manifestly unfounded and is not abusive in order to avoid an early dismissal.

Amendment 144 #

Proposal for a directive
Recital 30 a (new)

(30 a) Early dismissal of fully or partially unfounded claims does not constitute an undue infringement of the right of access to justice. Under this Directive, Member States shall empower their tribunals and courts with the possibility to adopt early decisions to dismiss, but such decisions shall be adopted by the judge on a case by case basis, in claims where the aim of the claimant is not to genuinely assert, vindicate or exercise a right. Moreover, claimants shall always be entitled to lodge an appeal against the early decision to dismiss.

Amendment 145 #

Proposal for a directive
Recital 31

Amendment 146 #

Proposal for a directive
Recital 31

Amendment 147 #

Proposal for a directive
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 148 #

Tiemo WÖLKEN

Proposal for a directive
Recital 31

(31) Costs should include all costs of the proceedings, including the full costs of legal representation, including pre-trial costs 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 149 #

Proposal for a directive
Recital 31 a (new)

(31 a) Any natural or legal person who has suffered harm as a result of an abusive court proceedings against public participation should be able to claim and to obtain full compensation for that harm, without the need to initiate separate court proceedings to that end. Full compensation for harm should cover both material and immaterial damage. Material damage includes notably lawyer fees, when they are not reimbursable as costs, travel expenses and medical costs, in particular psychological assistance. Pre-trial costs should be also considered as material damages, if they are not included in costs according to national laws. Immaterial damage includes in particular different forms of physical and/or psychological harm, pain and suffering or emotional distress related to the court proceedings, impairment of life or of relationship, reputational damage and in general, any types of intangible damage.

Amendment 150 #

Tiemo WÖLKEN

Proposal for a directive
Recital 31 a (new)

(31 a) Full compensation for damage should include both material and immaterial damage, such as physical and psychological harm. In order for the defendant to be able to claim damages easily and in a timely manner, it should be possible to seek damages in the same proceedings as those brought against the defendant, where appropriate through a counter claim. Material damages should include pre-trial costs, if they are not included in costs according to national laws or this directive. Pre-trial costs should also include necessary expenses incurred in respect of defending the person's rights against abusive claims, including lawyer fees, even if the claimant does not subsequently file a lawsuit.

Amendment 151 #

Proposal for a directive
Recital 31 a (new)

(31 a) Defendants should be allowed to seek damages in the same proceedings as those brought against them, through a counter claim where appropriate.

Amendment 152 #

Proposal for a directive
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 determined on a case by case basis and be proportionate to the elements of abuse identified, to the amount of the claim and to the financial situation of the claimant, specifically when the claimant is a legal person. 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.

Amendment 153 #

Proposal for a directive
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 determined on a case by case basis and 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.

Amendment 154 #

Proposal for a directive
Recital 32 a (new)

(32 a) Publicity of court decisions is a key element to deter potential abusive lawsuit against public participation and to strengthen the effectiveness of this Directive. Member States should establish a publicly accessible national register of relevant court decisions falling within the scope of this Directive. The Commission should establish a publicly accessible register at EU level on the basis of the information from the national registers concerning relevant court decisions falling within the scope of this Directive. National and EU registers should comply with relevant rules on the protection of personal data

Amendment 155 #

Proposal for a directive
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 others~~persons engaging in public participation in the EU. 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 156 #

Proposal for a directive
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 others~~persons engaging 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~~abusive lawsuits against public participation in third countries.

Amendment 157 #

Proposal for a directive
Recital 33 a (new)

(33 a) As regards jurisdiction for defamation claims or other claims based on civil or commercial law which could constitute abusive court proceedings against public participation, the Member State of domicile of the defendant should be considered as the sole forum, having due regard to cases where the victims of defamation are private persons. With the exception of that rule concerning cases falling within the scope of this Directive, this Directive should not affect the application of Regulation (EU) No1215/2012 of the European Parliamentand of the Council[1] (‘Brussels I Regulation’)1a Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p.1).

Amendment 158 #

Proposal for a directive
Recital 34

Amendment 159 #

Proposal for a directive
Recital 34

(34) This Directive creates a new special ground of jurisdiction in order to ensure that targets of SLAPPs domiciled in the European Union have an efficient remedy available in the Union against abusive court proceedings brought in a court or tribunal of a third country. This special ground of jurisdiction allows the targets domiciled in the European Union to seek, in the courts or tribunals of their domicile, for compensation of damages and costs incurred or reasonably expected to be incurred in connection with the proceedings before the court or tribunal of the third country. This right applies irrespective of the domicile of the claimant in the proceedings in the third country.

Amendment 160 #

Proposal for a directive
Recital 34 a (new)

(34 a) This Directive shall be in any case without prejudice to the recognized function of the national judges to establish, under a case-by-case evaluation performed on factual bases, according to the national civil substantive law and the relevant civil procedural law, whether a judicial action is manifestly abusive or unfounded.

Amendment 161 #

Proposal for a directive
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 162 #

Proposal for a directive
Recital 35 a (new)

(35 a) Member States should take appropriate measures 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. These measures which be developed in close cooperation with relevant stakeholders including professional associations, social partners and civil society organisations.

Amendment 163 #

Proposal for a directive
Recital 36

Amendment 164 #

Proposal for a directive
Recital 36

(36) This Directive is complementary to the Commission recommendation on protecting journalists and human rights defenders who engage in public participation from manifestly unfounded or abusive court proceedings (“Strategic lawsuits against public participation”). This recommendation is addressed to Member States and it provides a comprehensive toolbox of measures including training, awareness-raising, support to targets of abusive court proceedings and data collection, reporting and monitoring of court proceedings against public participation. When transposing this Directive, Member States should pay particular attention to the implementation of the Commission’s recommendations as regards, in particular, the inclusion of safeguards similar to those provided for by the Directive for domestic cases not covered by the Directive’s scope, and the provision of legal assistance to defendants in an affordable and easily accessible manner, and consider the inclusion in their national transposition laws of targeted provisions to that effect.

Amendment 165 #

Proposal for a directive
Recital 36

(36) This Directive is complementary to the Commission recommendation on protecting journalists and human rights defenders who engage in public participation from manifestly unfounded or abusive court proceedings (“Strategic lawsuits against public participation”). This recommendation is addressed to Member States and it provides a comprehensive toolbox of measures including training, awareness-raising, support to targets of abusive court proceedings and data collection, reporting and monitoring of court proceedings against public participation. When transposing this Directive, Member States should pay particular attention to the implementation of the Commission’s recommendations as regards, in particular, the inclusion of safeguards similar to those provided for by the Directive for domestic cases not covered by the Directive’s scope, and the provision of legal assistance to defendants in an affordable and easily accessible manner, and consider the inclusion in their national transposition laws of targeted provisions to that effect.

Amendment 166 #

Proposal for a directive
Recital 36 a (new)

(36 a) This Directive provides comprehensive support and preventive measures, including the establishment of national funds by Member States, non- financial support mechanisms such as the provision of legal aid and psychological support, as well as training, awareness- raising and data collection measures. It also seeks to ensure the collection of data by establishing common criteria at EU level. A national focal point should be established to gather and share information on all organisations that provide guidance and support for targets of abusive court proceedings against public participation. Such organisations may include associations of legal professionals, media and press councils, umbrella associations for human rights defenders, associations at Union and national level, law firms defending targets of manifestly unfounded or abusive court proceedings against public participation pro bono, legal clinics of universities and other non-governmental organisations.

Amendment 167 #

Proposal for a directive
Recital 36 b (new)

(36 b) Training for journalists, other media professionals and human rights defenders should strengthen their capacity to deal with abusive court proceedings against public participation. It should focus on recognising such court proceedings, how to manage being targeted by them and inform them of their rights and obligations in order for them to be able to take the necessary steps to protect themselves against such proceedings. Training should also be provided to legal professionals in order to increase awareness of abusive court proceedings and be able to detect them at a very early stage.

Amendment 168 #

(36 c) National Funds should be established by Member States to support and compensate victims of abusive court proceedings. The national funds should be partially funded by penalties.

Amendment 169 #

Proposal for a directive
Recital 36 d (new)

(36 d) The collection of data is paramount to document cases of abusive court proceedings and to provide solutions in order to prevent them. This Directive should establish common criteria to standardise the data collection procedures in Member States and ensure that comparable data is collected.

Amendment 170 #

Proposal for a directive
Article 1 – paragraph -1 (new)

-1 This Directive sets minimum standards of protection of natural and legal persons who engage in public participation, playing an important democratic role in upholding public debate, fundamental rights and values, social inclusion, environmental and climate protection and the rule of law, as well as strengthening democracy, gender equality, media freedom and pluralism in the EU.

Amendment 171 #

Proposal for a directive
Article 1 – paragraph 1

This Directive provides procedural safeguards against ~~manifestly unfounded or~~ abusive court proceedings, or threats of initiating legal action, in civil matters with cross- border implications brought directly or indirectly against natural ~~and~~or legal persons, ~~in particular journalists and human rights defend~~such as journalists, media outlets and rights defenders, in particular, human rights, women's and LGBTIQ+ rights, environmental and climate defenders, as well as civil society organisations, NGOs, activists, trade unions, artists, researchers, academics, bloggers, whistleblowers, on account of their engagement in public participation, including online.

Amendment 172 #

Proposal for a directive
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~~or legal persons, in particular journalists, media outlets, activists, editors and human rights defenders, on account of their engagement in public participation, as well as against natural or legal persons engaged in preparatory activities to support or assist public participation.

Amendment 173 #

Proposal for a directive
Article 1 – paragraph 1

This Directive provides safeguards against ~~manifestly unfounded or abusive court proceedings in civil matters~~abusive lawsuits against public participation in civil matters as well as the threats thereof, having with cross- border implications brought against natural and legal persons, in particular journalists ~~and~~, human rights and environmental defenders, on account of their engagement in public participation.

Amendment 174 #

Proposal for a directive
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 175 #

Proposal for a directive
Article 1 – paragraph 1

Amendment 176 #

Proposal for a directive
Article 1 – paragraph 1 a (new)

Amendment 177 #

Proposal for a directive
Article 2 – paragraph 1

This Directive shall apply to ~~matter~~legals claims or actions of a civil or commercial nature with cross- border implications~~, whatever the nature of the court or tribunal. It shall not extend, in~~ initiated or ongoing before a national court at the time of its entry into force., This Directive shall extend to any type of claim including interim and precautionary measures, counteractions or other particular, t~~o revenue, customs or administrative matters or~~ype of remedies, and irrespective of the nature of the court or tribunal. It shall include civil claims brought in criminal proceedings. It shall not extend to claims invoking the liability of the State for acts and omissions in the exercise of State authority (acta iure imperii).

Amendment 178 #

Proposal for a directive
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 179 #

Amendment 180 #

Proposal for a directive
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 181 #

Proposal for a directive
Article 2 a (new)

Article 2 a 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, freedom of assembly and association or academic freedom. The transposition of this Directive cannot constitute grounds for a reduction in the level of safeguards already granted by the Member States in the matters covered by this Directive.

Amendment 182 #

Proposal for a directive
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 rights such as the right to freedom of expression and information, the right of collective bargaining and action, the right to good administration and the right to an effective remedy, academic freedom, freedom of association and assembly on a matter of public interest, and preparatory, supporting or assisting action directly linked thereto. This includes inter alia journalistic content, complaints, petitions, administrative or judicial claims and participation in public hearings. This shall also include any supporting or preparatory activities thereof, such as the provision by natural or legal persons, either on a professional or personal basis, of support to another person for purposes directly linked to public participation on a matter of public interest;

Amendment 183 #

Proposal for a directive
Article 3 – paragraph 1 – point 1

1. ‘public participation’ means any statement or activity, preparatory, supporting or assisting action directly linked thereto, 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, and preparatory, supporting or assisting action directly linked thereto. This include~~fundamental rights including the right to a safe, clean, healthy and sustainable environment and freedoms such as freedom of expression and information on a matter of public interest, freedom of association and assembly, academic and artistic freedom, freedom of science and culture, the right of collective bargaining and action, the right to an effective remedy and the right to good administration.This includes any activity regardless of the nature, medium or format, which serves the disclosure, dissemination or promotion of information to the public such as complaints, petitions, administrative or judicial claims and participation in public hearings;

Amendment 184 #

Proposal for a directive
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 rights to freedom of expression and information, freedom of assembly and association or academic freedom 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, as well as excercise of public scrutiny and dissemination of public information in form of creation, exhibition, advertisement or other promotion of journalistic, political, scientific, academic, artistic, commentary or satirical communications, publications or works;

Amendment 185 #

Proposal for a directive
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 186 #

Proposal for a directive
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 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 3 – paragraph 1 – point 2 – point a

Amendment 188 #

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point a

(a) public health, safety, the environment, climate or enjoyment of fundamental rights, including consumer and labour rights;

Amendment 189 #

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point a

(a) fundamental rights, public health, safety, ~~the environment, climate or enjoyment of fundamental rights~~media freedom and pluralism, the environment or climate;

Amendment 190 #

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point a

(a) public health, safety, the environment~~, climate~~ or enjoyment of fundamental rights;

Amendment 191 #

(b) activities of a person or entity in the public eye or of public interest, except whether the sole purpose of a statement or activity concerning such a person or entity is to satisfy the curiosity of a particular audience regarding the details of a person’s private life;

Amendment 192 #

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point d

(d) allegations of corruption, fraud ~~or criminality~~, money laundering, extortion, coercion or other forms of intimidation and criminality including environmental crime;

Amendment 193 #

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point d

(d) allegations of corruption, fraud or criminality, including tax evasion and financial criminality;

Amendment 194 #

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point e

~~(e) activities aimed to fight disinformation;~~deleted

Amendment 195 #

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point e

(e) activities aimed to protect democracy, the rule of law and to fight disinformation;

Amendment 196 #

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point e a (new)

(e a) activities advancing social change such as advocacy, reporting of breaches of the law or ethical norms, petitions, addressing government officials or private entities, engaging in peaceful protests or boycotts, or speaking out against or commenting on misuse or abuse of power.

Amendment 197 #

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point e a (new)

(e a) scientific and research activities, including in the field of environment and climate;

Amendment 198 #

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point e a (new)

(ea) media pluralism and media freedom

Amendment 199 #

Proposal for a directive
Article 3 – paragraph 1 – point 2 – point e b (new)

(e b) (e b) scientific and research activities

Amendment 200 #

(e b) academic and artistic activities.

Amendment 201 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – introductory part

3. ‘abusive ~~court proceeding~~lawsuits 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~~characterised by elements indicative of an abusive use of the judicial process for purposes other than genuinely asserting, vindicating or exercising a right and have as their main purpose to prevent, restrict or penalize public participation. This includes claims which are manifestly unfounded and claims which, although bearing some legal merits, are of abusive nature. Indications of such a ~~purpos~~nature can be:

Amendment 202 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – introductory part

Amendment 203 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – introductory part

Amendment 204 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – introductory part

3. ‘abusive court proceedings against public participation’ mean court proceedings abusively 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:

Amendment 205 #

Tiemo WÖLKEN

Proposal for a directive
Article 3 – paragraph 1 – point 3 – introductory part

Amendment 206 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – introductory part

Amendment 207 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – point -a (new)

(-a) the reliance of the court proceedings on one or more claims that are fully or partially unfounded;

Amendment 208 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – point -a a (new)

(-a a) the exploitation of economic advantage or political influence by the claimant against the defendant, leading to an imbalance of power between the two parties;

Amendment 209 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – point a

(a) the disproportionate, excessive or un~~reasonable~~justified nature of the claim or part thereof, and hence the disproportionate nature of the demands forming the subject of the claim;

Amendment 210 #

Ilana CICUREL

Proposal for a directive
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 211 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – point a

(a) the disproportionate, excessive, unfounded or unreasonable nature of the claim or part thereof;

Amendment 212 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – point a a (new)

(a a) the exploitation of economic advantage and political influence by the claimant against the defendant, leading to an imbalance of power between the two parties;

Amendment 213 #

Proposal for a directive
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 214 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – point b a (new)

(b a) the usage of litigation tactics deployed by the claimant, including as regards the choice of jurisdiction, or of dilatory or vexatious tactics;

Amendment 215 #

Proposal for a directive
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 216 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c a (new)

(c a) a history of legal intimidation by the claimant or those acting on their behalf, in the form of threats, harassment, legal action or threat thereof;

Amendment 217 #

Proposal for a directive
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 218 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c a (new)

(ca) the use by complainants or their representatives of dilatory and vexatious tactics.

Amendment 219 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c a (new)

(c a) parties’ imbalances in bargaining powers in terms of financial and legal resources;

Amendment 220 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c a (new)

(c a) the use of procedural tactics, such as delaying proceedings, and forum shopping;

Amendment 221 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c b (new)

(c b) a history of legal intimidation by the claimant or those acting on their behalf, in the form of threats, harassment, legal action or threats thereof;

Amendment 222 #

Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c b (new)

(c b) the litigation tactics deployed by the claimant, including as regards the choice of jurisdiction and the use of dilatory tactics;

Amendment 223 #

Proposal for a directive
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 224 #

Proposal for a directive
Article 4 – paragraph 1

1. For the purposes of this Directive, a matter is considered to have cross-border implications unless both parties are domiciled or have their head offices in the same Member State as the court seised.

Amendment 225 #

Proposal for a directive
Article 4 – paragraph 2 – introductory part

2. Where both parties to the proceedings are domiciled - or as the case may be, have their head office - in the same Member State as the court seised, the matter shall also be considered to have cross-border implications if:

Amendment 226 #

Proposal for a directive
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 or may be relevant to ~~more than one Member State, or~~the general public or its part in 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 of public interest concerned by the act, or due to links with the European Union laws or policies.

Amendment 227 #

Ilana CICUREL

Proposal for a directive
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 228 #

Proposal for a directive
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 dimension of the act itself, or due to the legitimate interest which the public in different Mamber States may take in the matter of public interest concerned by the act; or

Amendment 229 #

Amendment 230 #

Proposal for a directive
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~~has direct implications for more than one Member State, or

Amendment 231 #

Proposal for a directive
Article 4 – paragraph 2 – point b

~~(b) the claimant or associated entities have initiated concurrent or previous court proceedings against the same or associated defendants in another Member State.~~deleted

Amendment 232 #

Proposal for a directive
Article 4 – paragraph 2 – point b

(b) the claimant or associated entities have initiated concurrent or previous court proceedings against the same or associated defendants in another Member State which have similar claims as their object.

Amendment 233 #

Proposal for a directive
Article 4 – paragraph 2 a (new)

2 a. When the claimant or associated entities have initiated concurrent or previous court proceedings against the same or associated defendants in another Member State involving the same cause of action , the existing relevant rules on Lis pendens and related actions shall apply.

Amendment 234 #

Proposal for a directive
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, as well as against natural or legal persons engaged in preparatory activities to support or assist public participation, those persons can apply for:

Amendment 235 #

Proposal for a directive
Article 5 – paragraph 1 – point b

(b) early dismissal ~~of manifestly unfounded court proceedings~~ in accordance with Chapter III;

Amendment 236 #

Proposal for a directive
Article 5 – paragraph 1 – point b

(b) early dismissal of manifestly ~~unfounded~~abusive court proceedings in accordance with Chapter III;

Amendment 237 #

Proposal for a directive
Article 5 – paragraph 1 – point b

(b) early dismissal of ~~manifestly unfounded court proceeding~~fully or partially unfounded claims in accordance with Chapter III;

Amendment 238 #

Proposal for a directive
Article 5 – paragraph 1 – point c

Amendment 239 #

Proposal for a directive
Article 5 – paragraph 3

3. Member States ~~may~~shall provide that measures on procedural safeguards in accordance with Chapters III and IV as well as the security provided in Article 8 of this Directive, can be taken by the court or tribunal seised of the matter ex officio.

Amendment 240 #

Proposal for a directive
Article 5 – paragraph 3

3. Member States ~~may~~shall provide that measures on procedural safeguards in accordance with Chapters III and IV and Article 8 of this Directive, can be taken by the court or tribunal seised of the matter ex officio.

Amendment 241 #

Proposal for a directive
Article 5 – paragraph 3

3. Member States ~~may~~shall 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 242 #

Proposal for a directive
Article 5 – paragraph 3 a (new)

3 a. Member States shall ensure that court proceedings brought against natural or legal persons on account of their engagement in public participation are dealt with in a swift and effective manner, taking into account the circumstances of the case, the right to an effective remedy and the right to a fair trial.

Amendment 243 #

Proposal for a directive
Article 7

7 Member States shall take the necessary 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 to provide 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 to provideArticle 7 deleted measures to ensure that a court or tribunal seised of court proceedings information.

Amendment 244 #

Proposal for a directive
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 organisation~~entities safeguarding or promoting the rights of persons engaging in public participation ~~may take part in those proceedings, either in support of the defendant or to provide information~~such as non-governmental organisations, trade unions and other collective bodies acting in the interest of the defendant, professional and representative associations, the European Union Agency for Fundamental Rights, international organisations and their bodies, such as the Council of Europe may take part in those proceedings, either in support of the defendant or to provide information. This provision is without prejudice to existing rights of representation and intervention as guaranteed by other Union or national rules.

Amendment 245 #

Proposal for a directive
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 to provide informationcivil society organisations engaging in public participation, including non-governmental organisations safeguarding or promoting the rights of persons or the protection of the environment and climate, trade unions and professional associations and other collective bodies acting in the interest of the defendant may take part in those proceedings, either in support of the defendant or on their behalf with the defendant’s approval,or to provide information. This provision is without prejudice to existing rights of representation and intervention as guaranteed by other Union or national rules.

Amendment 246 #

Proposal for a directive
Article 7 – paragraph 1

Amendment 247 #

Proposal for a directive
Article 7 – paragraph 1

Amendment 248 #

Proposal for a directive
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~~entities having a legitimate interest in safeguarding ~~or promoting~~ the rights of ~~persons engaging in public participation~~the defendant may take part in those proceedings in accordance with national laws, either in support of the defendant or to provide information.

Amendment 249 #

Proposal for a directive
Article 7 a (new)

Article 7 a Article 7a Third party substitution Member States shall take the necessary measures to ensure that a court or tribunal seised of court proceedings against public participation may accept that subject to the defendant’s approval, entities with a legitimate interest in engaging on behalf of the defendant may substitute or otherwise represent the defendant in any proceedings covered under this directive. This provision is without prejudice to existing rights of representation and intervention as guaranteed by other Union or national rules.

Amendment 250 #

Proposal for a directive
Article 8

8 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 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 ofArticle 8 deleted elements indicating abusive court proceedings.

Amendment 251 #

Proposal for a directive
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 costs, including procedural costs, ~~or for procedural~~costs of legal representation, and other associated costs and damages, if it considers such security appropriate in view of presence of elements indicating abusive court proceedings. against public participation as defined in Article 3(3) of this Directive.

Amendment 252 #

Proposal for a directive
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 costs, including procedural costs, ~~or for procedural~~legal representation, and associated costs and damages, if it considers such security appropriate in view of presence of elements indicating an abusive ~~court proce~~lawsuit against public participation as defined ings Article 3(3) of this Directive.

Amendment 253 #

Proposal for a directive
Article 8 – paragraph 1

Amendment 254 #

Proposal for a directive
Article 8 – paragraph 1

Amendment 255 #

Proposal for a directive
Article 8 – paragraph 1

Member sStates 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 manifestly unfounded or abusive court proceedings.

Amendment 256 #

Proposal for a directive
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 257 #

Proposal for a directive
Article 8 – paragraph 1 a (new)

If security for costs is requested by the defendant, the court shall refuse to grant it only where the claimant has established a prima facie case as to each essential element of the cause of action and where it is satisfied that the claim is not characterised by elements of abuse.

Amendment 258 #

Proposal for a directive
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 259 #

Proposal for a directive
Chapter III – title

III Early dismissal of ~~manifestly unfounded court proceedings~~abusive lawsuits against public participation

Amendment 260 #

Proposal for a directive
Chapter III – title

III Early dismissal of ~~manifestly unfounded court proceeding~~fully or partially unfounded claims

Amendment 261 #

Proposal for a directive
Article 9 – paragraph 1

1. Member States shall empower 1. courts and tribunals to adopt an early decision to dismiss, in full or in part, court proceedings against public participation ~~as manifestly unfounded~~if they are able to precisely establish that the proceedings concerned are manifestly unfounded and that the circumstances that make the pursuit of proceedings abusive are clear.

Amendment 262 #

Proposal for a directive
Article 9 – paragraph 1

Amendment 263 #

Proposal for a directive
Article 9 – paragraph 1

1. Member States shall empower courts and tribunals, without any unjustified delay, to adopt a~~n early~~ decision to dismiss, in full or in part, court proceedings against public participation as manifestly unfounded or as abusive.

Amendment 264 #

Proposal for a directive
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 which can be qualified as abusive lawsuits against public participation as ~~manifestly unfounded~~defined in Article 3(3).

Amendment 265 #

Proposal for a directive
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 ~~unfounded~~abusive.

Amendment 266 #

Proposal for a directive
Article 9 – paragraph 2

2. Member States may 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 267 #

Proposal for a directive
Article 9 – paragraph 2

2. Member States may establish time limits for the exercise of the right to file an application ~~for early dismissal. The time limits shall be proportionate and~~to expedite proceedings so as to avoid any unjustified delay. The time limits shall be proportionate, specifically established and reasonable, and shall not render such exercise impossible or excessively difficult.

Amendment 268 #

Proposal for a directive
Article 9 – paragraph 2

Amendment 269 #

Proposal for a directive
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 270 #

Proposal for a directive
Article 10 – paragraph 1

~~Member States shall ensure that if the defendant applies for early dismissal, the main proceedings are stayed until a final decision on that application is taken.~~deleted

Amendment 271 #

Proposal for a directive
Article 10 – paragraph 1

Member States shall ensure that if the defendant applies for ~~early dismissal~~proceedings to be expedited under Article 9, the main proceedings are stayed until a final decision on that application is taken.

Amendment 272 #

Proposal for a directive
Article 11 – paragraph 1

~~Member States shall ensure that an application for early dismissal is treated in an acc~~delerated ~~procedure, taking into account the circumstances of the case and the right to an effective remedy and the right to a fair trial.~~

Amendment 273 #

Proposal for a directive
Article 11 – paragraph 1

Member States shall ensure that an application ~~for early dismissal~~to expedite proceedings under Article 9 is treated in an accelerated procedure, taking into account the circumstances of the case and the right to an effective remedy and the right to a fair trial, conducted within a reasonable time limit.

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 275 #

Antonius MANDERS

Proposal for a directive
Article 11 – paragraph 1

Member States shall ensure that an application for early dismissal is treated in an accelerated procedure, within three months, taking into account the circumstances of the case and the right to an effective remedy and the right to a fair trial.

Amendment 276 #

Proposal for a directive
Article 12

Amendment 277 #

Proposal for a directive
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.~~deleted

Amendment 278 #

Proposal for a directive
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 man~~ifestly unfounded~~ abusive lawsuit against public participation as defined in Article 3(3) of this Directive.

Amendment 279 #

Proposal for a directive
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 280 #

Proposal for a directive
Article 12 – paragraph 1

Member States shall ensure that where a defendant has applied for ~~early dismissal~~proceedings to be expedited to avoid any unjustified delay, it shall be for the claimant to prove that the claim is not manifestly unfounded or abusive.

Amendment 281 #

Proposal for a directive
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 ~~manifest~~fully or partially unfounded.

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 unfounded~~has some prospect of success.

Amendment 283 #

Proposal for a directive
Article 12 – paragraph 1 a (new)

Pursuant to paragraph 1, the court shall refuse to grant early dismissal only where the claimant has established a prima facie case as to each essential element of the cause of action and where it is satisfied that the claim is not characterised by elements of abuse.

Amendment 284 #

Proposal for a directive
Article 12 – paragraph 1 a (new)

Pursuant to paragraph 1, when seeking to avoid an early dismissal, the claimant shall establish a prima facie case, as to each essential element of the court proceedings, that the claim is not fully or partially unfounded.

Amendment 285 #

Proposal for a directive
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 286 #

Proposal for a directive
Article 13 – paragraph 1

Member States shall ensure that a decision ~~refusing or granting early dismissal~~to grant expedited proceedings pursuant to Article 9 is subject to an appeal.

Amendment 287 #

Proposal for a directive
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 be ordered, at the request of the respondent, to bear all the costs of the proceedings, including the full costs of legal representation incurred by the defendant, unless such costs are excessive or disproportionate in comparison to market costs.

Amendment 288 #

Proposal for a directive
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 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~~. This award of costs should be an automatic feature of the court’s decision within the same proceedings.

Amendment 289 #

Proposal for a directive
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 290 #

Proposal for a directive
Article 14 – paragraph 1

Member States shall take the necessary measures to ensure that a claimant who has brought an abusive ~~court proceedings~~lawsuit against public participation ~~can be~~is 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 291 #

Proposal for a directive
Article 14 – paragraph 1

Amendment 292 #

Where the domestic law does not guarantee the compensation of costs for legal representation beyond statutory fee tables, the court should be enabled to indemnify costs not encompassed in statutory fee tables through compensation of damages pursuant to Article 15.

Amendment 293 #

Proposal for a directive
Article 14 – paragraph 1 a (new)

Amendment 294 #

Proposal for a directive
Article 15 – paragraph 1

Amendment 295 #

Proposal for a directive
Article 15 – paragraph 1

Amendment 296 #

Proposal for a directive
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~~lawsuit against public participation is able to claim and to obtain full compensation for that harm without having to initiate a dedicated separate court proceeding.

Amendment 297 #

Proposal for a directive
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 298 #

Proposal for a directive
Article 15 – paragraph 1

Amendment 299 #

Proposal for a directive
Article 15 – paragraph 1 a (new)

Member States shall ensure that full compensation for harm covers: (a) material damage, including but not limited to lawyer fees, when they are not reimbursable as costs, travel expenses and medical costs, in particular psychological assistance.Pre-trial costs should be considered material damages, if they are not included in costs according to national laws; (b) immaterial damage, including but not limited to different forms of physical and/or psychological harm, pain and suffering or emotional distress related to the court proceedings, impairment of life or of relationship, reputational damage and in general, any types of intangible damage.

Amendment 300 #

Proposal for a directive
Article 16 – paragraph 1

Member States shall provide that courts or tribunals seised of an abusive ~~court proceedings~~lawsuit against public participation have the possibility to impose effective, proportionate and dissuasive penalties on the party who brought those proceedings taking into account the amount of the claim and the financial situation of the claimant..

Amendment 301 #

Proposal for a directive
Article 16 – paragraph 1 a (new)

Member States shall ensure that the level of penalties are quantified and proportionate to the elements of abuse identified, to the amount of the claim and to the financial situation of the claimant, specifically when the claimant is a legal person. 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 threaten the defendant, shall also be taken into account.

Amendment 302 #

Proposal for a directive
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 303 #

Proposal for a directive
Article 16 a (new)

Article 16 a National Registers Member states shall establish a publicly accessible register of relevant court decisions falling within the scope of this Directive, in full compliance with Union and national rules on the protection of personal data.

Amendment 304 #

Proposal for a directive
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.

Amendment 305 #

Proposal for a directive
Article 17 – paragraph 1

Member States shall ensure that the recognition and enforcement of a third- country judgment in court proceedings on account of public participation by natural or legal person domiciled in a Member State is refused as manifestly contrary to public policy (ordre public) if those proceedings would have been considered ~~manifestly unfounded or abusive~~as an abusive lawsuit against public participation as defined in Article 3(3) if they had been brought before the courts or tribunals of the Member State where recognition or enforcement is sought and those courts or tribunals would have applied their own law.

Amendment 306 #

Proposal for a directive
Article 17 – paragraph 1

Member States shall ensure that the recognition and enforcement of a third- country judgment in court proceedings on account of public participation by natural or legal person domiciled in a Member State is refused as manifestly contrary to public policy (ordre public) if those proceedings would have been considered ~~manifestly unfounded or abus~~abusive as defined in Article 3(3) of this Directive if they had been brought before the courts or tribunals of the Member State where recognition or enforcement is sought and those courts or tribunals would have applied their own law.

Amendment 307 #

Proposal for a directive
Article 17 – paragraph 1 a (new)

Member States shall take the measures necessary to ensure that, where a court refuses recognition and enforcement of a third-country judgment in accordance with paragraph 1, the defendant is able to request and obtain from the court or tribunal of the Member State where recognition or enforcement is sought a declaratory judgment on the abusive nature of court proceedings on account of public participation pursuant to its own law.

Amendment 308 #

Proposal for a directive
Article 17 – paragraph 1 a (new)

Amendment 309 #

Proposal for a directive
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.

Amendment 310 #

Proposal for a directive
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~~If the grounds for refusal of the recognition and enforcement of a third- country ~~against a natural or legal person dom~~judgement under Articile~~d in a Member State, that~~ 17 are met, the interested 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.

Amendment 311 #

Proposal for a directive
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~~shall have the right to seek, in the courts or tribunals of the place where he is domiciled, compensation of the damages and the costs incurred or reasonably expected to be 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.

Amendment 312 #

Proposal for a directive
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 or reasonably expected to be 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.

Amendment 313 #

Proposal for a directive
Chapter V a (new)

Va CHAPTER VI - SUPPORT MEASURES Article 18a National Fund 1.Member States shall establish a national fund for the compensation of any natural or legal person who has suffered harm as a result of an abusive court proceedings against public participation not covered by already existing national schemes for compensation to victims. 2.Member States shall ensure that organisations providing guidance and support for targets of abusive court proceedings against public participation are provided with sufficient resources in order to perform their tasks adequately.To this end, the fund provided for in paragraph 1 shall also be dedicated to provide financial support towards them, in particular to make sure that they have sufficient resources to react quickly against such proceedings. 3.National funds shall be partially funded by the penalties as provided for in Article 16 of this Directive.Member States shall decide on the amount of the penalties to be covered by the national funds. Article 18b Non-financial support mechanisms 1.Member States shall ensure that non- financial support mechanisms are provided to persons engaging in public participation.Such measures shall include the provision of legal aid and psychological support, as well as information concerning the organisations providing guidance and support for targets of abusive court proceedings against public participation.The support and assistance shall be accessible and free of charge. 2.Member States shall establish a national focal point that gathers and shares information on all organisations that provide guidance and support for targets of abusive court proceedings against public participation. 3. Member States shall facilitate the exchange of information and best practices between organisations that provide guidance and support for targets of abusive court proceedings against public participation.

Amendment 314 #

Proposal for a directive
Chapter V b (new)

Vb CHAPTER VII - PREVENTIVE MEASURES Article 18c Training 1.With due respect for judicial independence, the independence of the legal profession and differences in the organisation of the judiciary across the Union, Member States shall support training opportunities for legal professionals such as judiciary and judicial staff at all court levels, qualified lawyers as well as for potential targets of such court proceedings in order to increase awareness of strategic lawsuits against public participation and the procedural safeguards against them provided for in this Directive, as well as awareness of the needs of natural or legal persons engaging in public participation. 2.Member States shall ensure that trainings are extended to individuals and organisations engaging in public participation to ensure that they are able to recognize when they are confronted with an abusive court proceeding as defined in Art. 3(3) and to equip them with specific knowledge in order to respond accordingly.Member States shall ensure that abusive court proceedings against public participation are included in particular in the law and journalism curricula. 3.Member States shall receive support from the Commission in facilitating training and the exchange of practices in order to ensure to the extent possible common objectives and methodology at EU level.In this regard, they should ensure the involvement of legal practitioners and their professional associations, whose role, from preparing needs analyses to the evaluation of results, is of paramount importance to ensuring the effectiveness and sustainability of training activities. Article 18d Awareness-raising 1. Member States shall take appropriate action, such as information and awareness-raising campaigns targeting all relevant stakeholders both from the public and private sector and research and education programmes, in order to foster knowledge about strategic lawsuits against public participation and the procedural safeguards set out in this Directive, to raise public awareness and seriously reduce the risk or threat of such lawsuits. Where appropriate, Member States shall act in cooperation with all relevant stakeholders. 2.Member States shall provide support and information on raising awareness activities on existing support structures at EU and national levels, including reference to national focal points that gather and share information on available resources, including on legal assistance and the legal avenues of defence available. 3. The legal measures inhibiting the use of abusive court proceedings shall be complemented with educational measures and a network of organisations providing legal support for persons and institutions against which such actions are brought. Article 18e Data collection 1.Member States should, taking into account their institutional arrangements on judicial statistics, entrust one or more authorities to be responsible to collect and aggregate, in full respect of data protection requirements, data on abusive court proceedings against public participation initiated in their jurisdiction. 2.Data referred to in paragraph 1 should include: (a) the number of abusive court proceedings against public participation cases, initiated in the relevant year; (b) the number of abusive court proceedings against public participation cases dismissed early as relying on fully or partially unfounded claims in the relevant year starting from 2022, both dismissed on merits and for procedural reasons; (c) the number of court proceedings, classified by type of defendant (e.g. journalist, human rights defender, press outlet); (d) the number of court proceedings, classified by type of plaintiff (e.g. politician, private person, company, whether the plaintiff is a foreign entity); (e) figures about acts of public participation on the account of which court proceedings were launched; (f) figures on the estimated amount of initial damages requested by plaintiffs; (g) description of the different legal bases employed by plaintiffs and related figures; (h) figures on the length of the proceedings, including all instances; (i) figures on cross-border elements; (j) as available, other data including on judicial costs of proceedings and, as relevant and appropriate, relevant figures on historical backgrounds of cases; (k) the type of claim issued on the basis of this Directive and the Recommendation accompanying it. 3. For the purpose of paragraph 1 of this Article, Member States shall establish a register of court decisions concerning matters governed by this Directive and the Recommendation accompanying it. Such register shall be made publicly accessible free of charge at point of use, and comply with Union and national rules on the protection of personal data.

Amendment 315 #

Proposal for a directive
Article 19 a (new)

Article 19 a More favourable treatment and non- regression clause 1. Member States may introduce or retain provisions more favourable than the safeguards provided for in this Directive against abusive court proceedings in civil matters 2. The implementation of this Directive shall under no circumstances constitute grounds for a reduction in the level of safeguards already afforded by Member States in the areas covered by this Directive.

Amendment 316 #

Proposal for a directive
Article 19 a (new)

Article 19 a Relations with the Regulation (EU) No. 1215/2012 of the European Parliament and of the Council This Directive shall be considered lex specialis with respect to Regulation (EU) No. 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. For matters not specifically covered in this Directive, the said Regulation shall apply.

Amendment 317 #

Proposal for a directive
Article 20 – paragraph 1

Amendment 318 #

Proposal for a directive
Article 20 – paragraph 1

Amendment 319 #

Proposal for a directive
Article 20 – paragraph 1

Member States shall provide the Commission with all relevant information regarding the application of this Directive by [54 years from the date of transposition]. On the basis of the information provided, the Commission shall by [65 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 320 #

Proposal for a directive
Article 20 – paragraph 1 – point a (new)

(a) contain an assessment of the correct implementation of this Directive and its accompanying Recommendation by Member States;

Amendment 321 #

Proposal for a directive
Article 20 – paragraph 1 – point b (new)

(b) provide an overview of the evolution of abusive court proceedings against public participation assess compliance by Member States of Article 18e and provide an overview, findings and recommendations of the data collected;

Amendment 322 #

Proposal for a directive
Article 20 – paragraph 1 – point c (new)

(c) assess compliance by Member States of Article 18e and provide an overview, findings and recommendations of the data collected;

Amendment 323 #

Proposal for a directive
Article 20 – paragraph 1 – point d (new)

(d) provide an evaluation of the impact of this Directive in the Member States;

Amendment 324 #

Proposal for a directive
Article 20 – paragraph 1 – point e (new)

(e) measure the progress made in preventing abusive court proceedings against public participation based on objective criteria included in the evaluation. assess the possible need to amend this Directive. In this regard, the report shall be accompanied by legislative proposals to amend this Directive;

Amendment 325 #

Proposal for a directive
Article 20 – paragraph 1 – point f (new)

(f) provide a detailed analysis of potential abusive court proceedings against public participation not covered under this Directive and consider the need for proposing new legislation to cover them. The analysis shall be accompanied by concrete proposals in this direction;

Amendment 326 #

Proposal for a directive
Article 20 – paragraph 1 – point g (new)

(g) provide an overview about the steps taken by Member States to review their legal frameworks applicable to defamation to ensure that existing concepts and definitions cannot be used in the context of abusive court proceedings against public participation, and of the progress made by Member States in following the recommendations by the Council of Europe and OSCE;

Amendment 327 #

Proposal for a directive
Article 20 – paragraph 1 – point h (new)

(h) assess whether the legal frameworks in Member States provide for the necessary safeguards to address abusive court proceedings, in full respect of fundamental rights and freedoms, and ensure protection. This assessment shall be accompanied by concrete proposals and recommendations;

Amendment 328 #

Proposal for a directive
Article 20 – paragraph 1 – point i (new)

(i) follow-up on the progress achieved since the presentation of the last report;

Amendment 329 #

Antonius MANDERS

Proposal for a directive
Article 20 – paragraph 1 a (new)

The Commission shall by [6 months from the date of transposition] provide an assessment of equal access to justice, focused on the financial burden of court proceedings for in particular natural persons and small and medium-sized enterprises, in the Member States and the evolution of abusive court proceedings against any natural or legal person. If necessary, the assessment shall by [2 years from the date of transposition] be accompanied by legislative proposals.

Amendment 330 #

Proposal for a directive
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 [~~2 year~~18 months 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 331 #

Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1

Amendment 332 #

Proposal for a directive
Article 21 – paragraph 1 a (new)

1 a. The Commission shall exempt a Member State from transposing this Directive where the Member State concerned demonstrates that the existing national legislation at the time of the entry into force of the Directive already achieves the objectives set out therein.To this end, the Member State shall transmit a communication to the Commission within one year of the entry into force of this Directive. Member States may, in any event, introduce or mantain more favourable provisions than the guarantees provided for in this Directive against manifestly unfounded and abusive legal proceedings in civil matters.

Amendment 51 #

Draft legislative resolution
Citation 2 a (new)

— having regard to article 82(2)(b) of the Treaty on the Functioning of the European Union

Amendment 52 #

Draft legislative resolution
Paragraph 1

1. ~~Adopts its~~Rejects the position at first reading ~~hereinafter set out;~~

Amendment 53 #

Proposal for a directive
Title 1

Proposal for aDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILon protecting persons ~~who engage in public participation from manifestly unfounded or~~from abusive court proceedings (“Strategic lawsuits against public participation”)

Amendment 54 #

Proposal for a directive
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 55 #

Proposal for a directive
Citation 2 a (new)

Having regard to the opinion of the European Economic and Social Committee,

Amendment 56 #

Proposal for a directive
Citation 4 a (new)

Rejects the proposal.

Amendment 57 #

Proposal for a directive
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 58 #

Proposal for a directive
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 59 #

Proposal for a directive
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 60 #

Proposal for a directive
Recital 3 a (new)

(3 a) As recognised by consistent jurisprudence of the European Court of Human Rights (ECtHR) in relation to the interpretation of relevant provisions of the European Convention on Human Rights (ECHR), in the light of which the Charter shall be interpreted and applied pursuant to its Article 52(3), the right to freedom of expression and information may also be given expression through the exercise of other rights and freedoms, including the right to freedom of assembly and of association, as set forth in Article 12 of the Charter, and the freedom of the arts and sciences, including academic freedom, as set forth in Article 13 of the Charter. Article 12 of the Charter also explicitly guarantees the right of everyone to form and to join trade unions for the protection of his or her interests, which is further consolidated in Article 28 of the Charter, guaranteeing the right of collective bargaining and action. The ECHR also imposes a positive obligation on contracting states to safeguard the freedom and pluralism of the media and to create a favourable environment for participation in the public debate.

Amendment 61 #

Proposal for a directive
Recital 3 a (new)

(3 a) Article 12 of the Charter of fundamental rights (Freedom of assembly and of association) explicitly guarantees the right of everyone to form and to join trade unions for the protection of his or her interests, which is further consolidated in Article 28 of the Charter, guaranteeing the right of collective bargaining and action. In its consistent jurisprudence. Article 13 of the Charter also guarantees the freedom of the arts and sciences, including academic freedom. The right to freedom of expression and information should also be given expression through the exercise of these rights and freedoms as recognised by consistent jurisprudence of the European Court of Human Rights (ECtHR) in relation to the interpretation of relevant provisions of the European Convention on Human Rights (ECHR), in the light of which the Charter shall be interpreted and applied pursuant to its Article 52(3).

Amendment 62 #

Proposal for a directive
Recital 3 a (new)

(3 a) Right to freedom of expression is a fundamental right that should be exercised with sense of responsibility, taking into account people’s fundamental right to obtain impartial information as well as the respect for the fundamental right to respect for one’s privacy.

Amendment 63 #

Proposal for a directive
Recital 3 b (new)

(3 b) Article 13 of the Charter defines a self-standing fundamental freedom of art and science, in recalling that the arts and scientific research shall be free of constraint and academic freedom respected.

Amendment 64 #

Proposal for a directive
Recital 4

(4) The purpose of this Directive is to provide minimum rules at EU level in order to ensure the protection of to natural and legal persons who engage in public participation on matters of public interest, including journalists, media outlets and rights defenders, in particular, human rights, women's and LBTIQ+ rights and environmental and climate defenders, as well as civil society organizations, NGOs, activists, trade unions, artists, researchers, academics, bloggers, and whistleblowers 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 65 #

Proposal for a directive
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, against~~and environmental rights defenders, but also civil society organisations, NGOs and trade unions, as well as researchers, academics, artists, whistleblowers and publishers of journalistic and artistic works, against abusive 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 66 #

Proposal for a directive
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~~e.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 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, publishers, academics, civil society representatives 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 68 #

Proposal for a directive
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 and academics, 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 69 #

Proposal for a directive
Recital 5

Amendment 70 #

Proposal for a directive
Recital 5

(5) Journalists 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 71 #

Proposal for a directive
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 72 #

Proposal for a directive
Recital 6

Amendment 73 #

Proposal for a directive
Recital 6

Amendment 74 #

Proposal for a directive
Recital 7

Amendment 75 #

Proposal for a directive
Recital 7

(7) Human rights and environmental 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, promote accountability, without fear of intimidation. Human rights defenders and environmental 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, scientists, educators, artists, cultural workers, social media activists and whistleblowers also deserve adequate protection.

Amendment 76 #

Proposal for a directive
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, gender equality and the rule of law. They should be able to participate actively in public life, hold power to account, 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 including trade union rights, or religious freedoms. Other participants in public debate, such as academics ~~and~~, researchers, artists and whistleblowers also deserve adequate protection.

Amendment 77 #

Proposal for a directive
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 background~~men'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 78 #

Proposal for a directive
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 or religious freedoms. Other participants in public debate, such as academics and researchers, also deserve adequate protection.

Amendment 79 #

Proposal for a directive
Recital 7 a (new)

(7 a) Women, LGBTIQ+ and gender rights defenders play a crucial role in achieving a gender-equal Europe. They should be able to promote accountability and have their voice heard in any case of gender-based harassement, violence, abuse or abuse of power relations, without suffering a second wave of gender-based harassement as victims of SLAPPs. Therefore, the objectives and provisions of this Directive are linked and should be interpreted towards the highest possible protection of gender-based SLAPP victims, also along with all relevant EU policies, including but not limited to the EU Equality Strategy, the new EU-wide proposal for a directive to combat violence against women and domestic violence, the Gender Equality Directives, the Directive on gender balance in corporate boards, the EU Strategy on victims’ rights (2020- 2025), the LGBTIQ Equality Strategy 2020-2025, the Strategy for the Rights of Persons with Disabilities 2021-2030, and the European Pillar of Social Rights Action Plan, the Gender Action Plan III and the EU Crime Initiative and all relevant texts in the future.

Amendment 80 #

Proposal for a directive
Recital 7 a (new)

(7 a) Environmental defenders also play a key role to protect fundamental rights and to reach the environmental and climate objectives set by the European Union. Environmental defenders as well as the organisations defending them shall in no way be persecuted or harassed for their involvement in activities to protect human rights, environmental and climate rights. In recent years, environmental defenders as well as the organisations defending them have been subjected to ever increasing incidences of killings, threats, harassment, intimidation, smear campaigns, criminalisation and judicial harassment. Abusive court proceedings are increasingly being used against them in order to hinder progress in protecting the environment, climate and biodiversity, in safeguarding planetary boundaries and in respecting human rights including the right to a safe, clean, healthy and sustainable environment.

Amendment 81 #

Proposal for a directive
Recital 7 a (new)

(7 a) Academics and researchers, exercising both their right and obligation to express themselves within their area of expertise, contribute fundamentally to public discourse and dissemination of knowledge, as well as ensure that the democratic debate can happen on an informed basis. Legal intimidation that attempts to prevent them from communicating on matters related to their scientific activities is a direct violation of academic freedom and jeopardises the crucial role of scholars in combatting disinformation and misinformation.

Amendment 82 #

Proposal for a directive
Recital 7 a (new)

(7a) Through their research and teaching activities, academics play a key role in public participation by helping students of all ages develop their competences and especially improve their analytical skills, and by carrying out individual or collective research, innovation or creative work, all of which must be done with a high degree of freedom of thought;

Amendment 83 #

Proposal for a directive
Recital 7 b (new)

(7 b) Women’s and LGBTIQ+ rights defenders also play an instrumental role in promoting and defending gender equality as well as providing support and protection to victims of gender-based violence. Women’s and LGBTIQ+ rights defenders as well as the organisations defending them are increasingly under attack and face threats and violence that lead to self-censorship. Abusive court proceedings are increasingly being used against them in order to hinder progress in achieving gender equality.

Amendment 84 #

Proposal for a directive
Recital 8

(8) A healthy and thriving democracy requires that people are able to participate actively in public debate without undue interference by ~~public~~government 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 85 #

Proposal for a directive
Recital 9

(9) To foster this environment, it is important to protect ~~journalists and human rights defenders from court proceedings against public participat~~natural and legal persons who engage in public participation, from court proceedings against public participation. Over the years SLAPPs have increasingly been used to criminalise solidarity, as well as activists defending the environment and climate as well as environmental rights, women’s rights, gender equality and LGBTIQ+ rights, increasingly questioning their role as public watchdogs and contributing to the shrinking space for civil society in the Union. Such court proceedings are not initiated for the purpose of access to justice, but to silence public debate ~~typically using~~. They often use harassment and intimidation.

Amendment 86 #

Proposal for a directive
Recital 9

Amendment 87 #

Proposal for a directive
Recital 9

(9) To foster this environment, it is important to protect ~~journalists and human rights~~all natural and legal persons who engage in public participation including journalists, human rights and environmental 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.

Amendment 88 #

Proposal for a directive
Recital 9

(9) To foster this environment, it is important to protect jonaturnal~~ists~~ and ~~human rights defender~~legal persons from court proceedings against public participation. Such court proceedings ~~are not initiated for the purpose of access to justice, but~~seek to silence public debate typically using harassment and intimidation.

Amendment 89 #

Proposal for a directive
Recital 9

(9) To foster this environment, it is important to protect in particular journalists ~~and~~, human rights defenders and academics 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.

Amendment 90 #

Proposal for a directive
Recital 10

(10) SLAPPs are typically initiated by powerful individuals or entities, for example ~~individuals,~~ lobby groups, corporations and state organs~~. They~~ and authorities, including politicians and judicial authorities in an attempt to silence public debate. They can be sued for expressing critical views on the behaviour or denouncing wrongdoings, and 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 91 #

Proposal for a directive
Recital 10

Amendment 92 #

Proposal for a directive
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 93 #

Proposal for a directive
Recital 10

(10) SLAPPs are typically initiated by powerful entities, for example individuals, lobby groups, corporations, politicians and 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 94 #

(11) Court proceedings against public participation may have an adverse impact on the credibility and reputation of targeted natural or legal persons such as journalists ~~and~~, human rights and environmental defenders 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. The length of procedures and the financial pressure may have a chilling effect on journalists ~~and~~, human rights ~~defenders~~and environmental defenders, academics, researchers, artists and any one active in public participation. The existence of such practices may therefore have a deterrent effect on their work by contributing to self- censorship in anticipation of possible future court proceedings, which leads to the impoverishment of public debate to the detriment of society as a whole.

Amendment 95 #

Proposal for a directive
Recital 11

(11) Court proceedings against public participation may have an adverse impact on the credibility and reputation of ~~journalists and human rights defenders~~persons targeted 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. The length of procedures and the financial pressure may have a chilling effect on ~~journalists and human rights defenders~~them. The existence of such practices may therefore have a deterrent effect on their work by contributing to self-censorship in anticipation of possible future court proceedings, which leads to the impoverishment of public debate to the detriment of society as a whole.

Amendment 96 #

Proposal for a directive
Recital 11

Amendment 97 #

Proposal for a directive
Recital 11

Amendment 98 #

Proposal for a directive
Recital 12

Amendment 99 #