Activities of Ramona STRUGARIU related to 2022/0117(COD)
Plenary speeches (1)
Protection of journalists and human rights defenders from manifestly unfounded or abusive court proceedings (debate)
Opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings (“Strategic lawsuits against public participation”)
Amendments (32)
Amendment 64 #
Proposal for a directive
Recital 2
Recital 2
(2) Article 10(3) of the Treaty on European Union states that every Union citizen has the right to participate in the democratic life of the Union. The Charter of Fundamental Rights of the European Union (the ‘Charter’) provides, inter alia, for the rights to respect for private and family life (Article 7), the protection of personal data (Article 8), freedom of expression and information, which includes respect for the freedom and pluralism of the media (Article 11), freedom of assembly and of association at all levels, (Article 12) and to an effective remedy and to a fair trial (Article 47).
Amendment 67 #
Proposal for a directive
Recital 3
Recital 3
(3) The right to freedom of expression and information as set forth in Article 11 of the Charter includes the right to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. The exercise of these freedoms is necessary in a democratic society for the protections of the reputation or rights of others, for preventing disclosure of information received in confidence or for maintaining the authority and impartiality of the judiciary as set forth in the Article 11 of the Charter. Article 11 of the Charter should be given the meaning and scope of the correspondent Article 10 of the European Convention on Human Rights (“ECHR”) on the right to freedom of expression and to hold your own opinons without government interference as interpreted by the European Court of Human Rights (“ECtHR”). This includes the right to express your views aloud in any given form.
Amendment 72 #
Proposal for a directive
Recital 4
Recital 4
(4) The purpose of this Directive is to provide protection to natural and legal persons who engage in public participation on matters of public interest, in particular journalists and human rights defenders, including to whistleblowers of all kind, such as civil society, non-governmental organisations, researchers, academics, students, artists, against court proceedings, which are initiated against them to deter them from public participation (commonly referred to as strategic lawsuits against public participation or ‘SLAPPs’).
Amendment 76 #
Proposal for a directive
Recital 5
Recital 5
(5) Journalists play an important role in facilitating public debate and in the imparting and reception of information, opinions and ideas. It is essential that they are afforded the necessary space to contribute to an open, free and fair debate and to counter disinformation, information manipulation and interference. Journalists should be able to conduct their activities effectively to ensure that citizens have access to a plurality of views in European democracies. Journalists should be free to criticize without fear of prosecution or infringed right to freedom of expression and be ensured the protection, safety and empowerment.
Amendment 89 #
Proposal for a directive
Recital 9
Recital 9
(9) To foster this environment, it is important to protect natural or legal persons who engage in public participation, in particular journalists and human rights defenders from court proceedings against public participation. Such court proceedings are not initiated for the purpose of access to justice, but to silence public debate typically using harassment and intimidation. Court proceeding against public participations are restricting investigations and informing the public of legitimate public interest and therefore hindering the role of watchdogs and restraining the health of democracies.
Amendment 96 #
Proposal for a directive
Recital 10
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 99 #
Proposal for a directive
Recital 11
Recital 11
(11) Court proceedings against public participation may have an adverse impact on the credibility and reputation of journalists and human rights defenders or any other natural or legal person expressed or carried out in exercise of the right to freedom of expression and information on a matter of legitimate public interest and exhaust their financial and other resources. Because of such proceedings, the publication of information on a matter of public interest may be delayed or altogether avoided. Moreover, court proceedings against public participation are often based on false accusations against journalists and human rights defenders.The length of procedures and the financial pressure may have a chilling effect on journalists and human rights defenders. The existence of such practices may therefore have a deterrent effect on their work by contributing to silencing critical voices, including self-censorship in anticipation of possible future court proceeding as not all SLAPPs reach the court and often remain as a threat of a lawsuits, which leads to the impoverishment of public debate to the detriment of society as a whole.
Amendment 106 #
Proposal for a directive
Recital 16
Recital 16
(16) Public participation should mean any statement or activity by a natural or legal person expressed or carried out in exercise of the right to freedom of expression and information on a matter of public interest, such as the creation, exhibition, advertisement or other promotion of journalistic content, news and current affairs, political, scientific, academic, artistic, commentary or satirical communications, publications or works, and any preparatory activities directly linked thereto. It can also include activities related to the exercise of the right to freedom of association and peaceful assembly, such as the organisation of or participation to lobbying activities, demonstrations and protests or activities resulting from the exercise of the right to good administration and the right to an effective remedy, such as the filing of complaints, petitions, administrative and judicial claims and participation in public hearings. Public participation should also include preparatory, supporting or assisting activities that have a direct and inherent link to the statement or activity in question and that are targeted to stifle public participation. In addition, it can cover other activities meant to inform or influence public opinion or to further action by the public, including activities by any private or public entity in relation to an issue of public interest, such as the organisation of or participation to research, surveys, campaigns or any other collective actions.
Amendment 115 #
Proposal for a directive
Recital 21
Recital 21
(21) A cross-border dimension of SLAPPs adds to the complexity and challenges faced by defendants, as they need to deal with proceedings in other jurisdictions, sometimes in multiple jurisdictions at the same time. This, in turn, results in additional costs and burdens to the victims of SLAPPs with the intention to exhaust and silent them with even more adverse consequences.
Amendment 120 #
Proposal for a directive
Recital 23
Recital 23
(23) Defendants should be able to apply for the following procedural safeguards: a request for a security to cover procedural costs, or procedural costs and damages, a request for an early dismissal of manifestly unfoundedunfounded and abusive 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.
Amendment 124 #
Proposal for a directive
Recital 26
Recital 26
(26) To provide the defendant with an additional safeguard, there should be a possibility to grant him or her a security to cover procedural costs and/or damages, when the court considers that even if the claim is not manifestly unfounded, there are elements indicating an abuse of procedure and the prospects for success in the main proceedings are 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 131 #
Proposal for a directive
Recital 30
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 133 #
Proposal for a directive
Recital 31
Recital 31
(31) Costs should include all costs of the proceedings, including the full costs of legal representation incurred by the defendant unless such costs are excessive. Costs of legal representation exceeding amounts laid down in statutory fee tables should not be considered as excessive per se. Full compensation of damages should include both material and immaterial damages, such as physical and psychological harm.
Amendment 138 #
Proposal for a directive
Recital 33
Recital 33
(33) In the cross-border context, it is also important to recognize the threat of SLAPPs from third countries targeting journalists, human rights defenders and other persons engaged in public participation who are domiciled in the European Union. They may involve excessive damages awarded against EU journalists, human rights defenders and 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 140 #
Proposal for a directive
Recital 34 a (new)
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 142 #
Proposal for a directive
Recital 36
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 147 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive provides safeguards against manifestly unfounded or abusive court proceedings in civil matters, 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 154 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘public participation’ means any statement or activity by a natural or legal person expressed or carried out in the exercise of rights such as the right to freedom of expression and information, academic freedom, freedom of association and assembly on a matter of public interest, and preparatory, supporting or assisting action directly linked thereto. This includes complaints, petitions, demonstrations, administrative or judicial claims and participation in public hearings;
Amendment 163 #
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point d
Article 3 – paragraph 1 – point 2 – point d
(d) allegations of corruption, fraud, abuse of power or criminality;
Amendment 168 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point a
Article 3 – paragraph 1 – point 3 – point a
(a) the disproportionate, vexatious, frivolous, excessive or unreasonable nature of the claim or part thereof;
Amendment 172 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c a (new)
Article 3 – paragraph 1 – point 3 – point c a (new)
(c a) litigation tactics used in bad faith to restrict the freedom of expression and information with the intent to silence or restrain public scrutiny on a matter of legitimate public interest.
Amendment 181 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) early dismissal of manifestly unfounded court proceedings in accordance with Chapter III;
Amendment 187 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
Member States shall take the necessary measures to ensure that a court or tribunal seised of court proceedings against public participation may accept that non- governmental organisationentities safeguarding or promoting the rights of persons engaging in public participation, such as non-governmental organisations, professional and representative associations, as well as collective bodies acting in the sole interest of the defendant, may take part in those proceedings, either in support of the defendant or to provide information.
Amendment 191 #
Proposal for a directive
Chapter III – title
Chapter III – title
III Early dismissal of manifestly unfoundedunfounded and abusive court proceedings
Amendment 196 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall empower courts and tribunals to adopt an early decision to dismiss, in full or in part, court proceedings against public participation as manifestly unfounded.
Amendment 201 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall ensure that where a defendant has applied for early dismissal, it shall be for the claimant to prove that the claim is not manifestly unfounded.
Amendment 205 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States shall take the necessary measures to ensure that a claimant who has brought abusive court proceedings against public participation can beis ordered to bear all the costs of the proceedings, including the full costs of legal representation incurred by the defendant, unless such costs are excessive.
Amendment 218 #
Proposal for a directive
Article 17 – paragraph 1
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
Article 20 – paragraph 1
Member States shall provide the Commission with all relevant information regarding the application of this Directive by [52 years from the date of transposition]. On the basis of the information provided, the Commission shall by [63 years from the date of transposition] at the latest, submit to the European Parliament and the Council a report on the application of this Directive. The report shall provide an assessment of the evolution of abusive court proceedings against public participation and the impact of this Directive in the Member States. If necessary, the report shall be accompanied by proposals to amend this Directive.
Amendment 220 #
Proposal for a directive
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [21 years from the date of entry into force of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 222 #
Proposal for a directive
Article 21 – paragraph 2 a (new)
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)
Article 21 – paragraph 2 b (new)