43 Amendments of Tiemo WÖLKEN related to 2021/2036(INI)
Amendment 5 #
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law1a, _________________ 1a OJ L 305, 26.11.2019, p. 17
Amendment 19 #
Motion for a resolution
Citation 36 a (new)
Citation 36 a (new)
— having regard to the Council of Europe Commissioner for Human Rights ‘Human Rights Comment: Time to take action against SLAPPs’ issued on 27 October 2020
Amendment 59 #
Motion for a resolution
Recital B
Recital B
B. whereas Strategic Lawsuits Against Public Participation (SLAPPs) are lawsuits or other legal actions (e.g. injunctions, asset-freezing) based on civil and criminal law, as well as the threats of such actions, with the purpose of preventing acts of public participation including investigating and reporting on breaches of Union and national law, corruption or other fraudulent practices or of blocking public participation;
Amendment 84 #
Motion for a resolution
Recital C
Recital C
C. whereas evidence shows that SLAPPs have become an increasingly widespread practice used against journalists, academics, civil society and NGOs, as demonstrated by many cases throughout the Union, such as the chilling case of investigative journalist Daphne Caruana Galizia, who was reportedly facing 47 civil and criminal defamation lawsuits, (resulting in the freezing of her assets) on the day of her strongly condemned assassination on 16 October 2017, and the lawsuits her heirs continue to face; whereas other illustrative and alarming cases include Realtid Media, which was repeatedly threatened with a lawsuit in a different jurisdiction from where the reporting in question took place, and Gazeta Wyborcza, which continues to be sued by a number of public entities and officials on a regular basis;
Amendment 97 #
Motion for a resolution
Recital D
Recital D
D. whereas SLAPPs within the Union are often cross-border in nature, which results in reporting delays as illustrated in many cases, often relating to cases of environmental protection, financial fraud and/or corruption, where they constitute a clear attempt to delay publication of information by halting or discrediting the work of individual journalists and publishing entities, hence depriving citizens of their right to information; whereas SLAPPs and SLAPP threats may be brought against watchdogs within the Union also by actors in third countries and before courts in third countries;
Amendment 108 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas, on the one hand, the lack of direct legislation in any Member State on the issue of SLAPPs and, on the other hand, the existence of often ambiguous and broad national provisions in this context, as well as of harsh penalties including of criminal nature, significantly contribute to the growth of these abusive lawsuits and the subsequent intimidation of their targets;
Amendment 111 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. Whereas soft law measures are a welcomed supporting measure to accompany a legislative proposal and the revision of certain private international law currently in force, however on their own they do not provide full judicial protection;
Amendment 131 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Highlights that SLAPPs are a direct attack on the exercise of fundamental rights and freedoms; underlines that fundamental rights and democracy are linked to upholding the rule of law, and that undermining media freedom and public democratic participation threatens Union values as enshrined in Article 2 of the TEU; welcomes the fact that the 2020 rule of law report includes SLAPP lawsuits in its assessment of media freedom and pluralism across the Union, and points to best practices in countering them; calls for the annual2021 and subsequent reports to include a thorough assessment of the legal environment for the media, and investigative journalism in particular and to look more thoroughly at challenges affecting civil society;
Amendment 149 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that public participation also has an important role to play in the proper functioning of the internal market, as it is often through public participation that breaches of Union law, including violations of fundamental rights, corruption and other practices threatening the proper functioning of the internal market are made known to the public;
Amendment 161 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that SLAPPs constitute not only undermine the right of access to justice of SLAPP victims, but also a misuse of Member States’ justice systems and legal frameworks, especially for successfully addressing ongoing common challenges outlined in the Justice Scoreboard, such as caseload administration and case backlogs; recalls that a properly functioning justice system delivers judgements without undue delay, and manages judicial resources so as to maximise efficiency, and that this is only possible where judges and judicial bodies are not burdened with the handling of claims that are later on dismissed as abusive and lacking in legal merit;
Amendment 165 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses that the independence, quality and efficiency of national justice systems are crucial for the achievement of effective justice; underlines that the availability of legal aid and the level of court fees can have a major impact on access to justice; points out that the Charter has the same legal value as the Treaties; notes that, in accordance with the guidance of the Court of Justice of the European Union, the Charter is applied by Member States’ judicial authorities only when implementing legal acts of the Union, it is, however, important for the fostering of a common legal, judicial and rule of law culture that the rights as enshrined in the Charter be always taken into account;
Amendment 193 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that SLAPPs are often meritless, frivolous or based on exaggerated claims, and that they are not initiated for the purposes of obtaining a favourable judicial outcome but rather only to intimidate, harass, tire out, put psychological pressure on or consume the financial resources of journalists, academics, civil society and NGOs, with the ultimate objective of blackmailing and forcing them into silence through the judicial procedure itself; stresses that SLAPPs cause not only a financial burden but also bear dire psychological consequences for their targets as well as their family members; points out that this chilling effect can lead to self-censorship, suppressing participation in democratic life, and also discourages others from similar actions, from entering into these professions or from proceeding with relevant associated activities;
Amendment 208 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Points out that litigants that resort to SLAPPs use and abuse criminal defamation laws, civil lawsuits for libel, protection of one’s reputation or based on intellectual property rights such as copyright, but also that a variety of other instruments is misused to silence public participation, such as labour sanctions (dismissal), criminal charges of tax fraud, tax audit procedures and abuse of data protection rules;
Amendment 226 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses, with regard to this problem, that all Member States lack harmonised minimum standards to sufficiently protect journalists, academics, civil society and NGOs and to ensure that fundamental rights are upheld in the Member States;
Amendment 230 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Is aware that victims or potential victims of SLAPP suits are being aided both financially and psychologically by other colleagues that have been faced with similar lawsuits or are knowledgeable about the character and procedure of SLAPP suits, to be able to understand and potentially even contest the lawsuit they have been served with;
Amendment 231 #
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9 b. Commends the important and useful work of civil society in raising awareness of the harmful effects of SLAPPs as well as the support it gives to victims and potential targets of SLAPPs;
Amendment 249 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Agrees with the numerous civil society organisations, academics, legal practitioners and victims who point to the need for legislative action against the growing problem of SLAPPs; urgently calls, therefore, for the Brussels I and Rome II Regulations to be amendmentsed in order to prevent ‘libel tourism’ or ‘forum shopping’; urgently calls forincluding the introduction of a uniform choice of law rule for defamation, as well as for; urgently calls the Commission to present proposals for binding Union legislation on harmonised and effective safeguards for victims of SLAPPs across the Union, including through a directive; argues that without such legislative action, SLAPPs will continue to threaten the rule of law and the fundamental rights of freedom of expression, association and assembly and information in the Union; is concerned that if measures only address lawsuits regarding infordefamation, actions based on other civil matters or criminal procedures may still be used;
Amendment 262 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Affirms that legislative measures at Union level could be based on Article 81 of the TFEU (for cross-border civil lawsuits) and Article 82 of the TFEU (for threats ofcriminal lawsuits in cross-border cases), and separately on Article 114 of the TFEU to protect public participation in order to ensure the proper functioning of the internal market by exposing corruption and other distortions; asserts that the latter measure could also address attempts to prevent investigation and reporting on breaches of Union law using the same legal base asa similar approach to the one that led to the adoption of Directive (EU) 2019/1937 (the ‘Whistleblower Directive’);
Amendment 274 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that it is essential to adopt a legislative measure protecting the role of journalists, academics, civil society and NGOs in preventing, reporting and denouncing breaches of Union law and ensuring the proper functioning of the internal market; urges the Commission to present a proposal for legislation that sets out safeguards, including early dismissal mechanisms, for persons investigating and reporting on these matters of public interest;
Amendment 293 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the Commission to present a proposal for a measure that develops judicial cooperation in civil matters so as to address cross-border SLAPP cases by providing for rules on the dismissal of abusive lawsuits and other actions in court that have the purpose of preventing public participation, which should include sanctions, consideration of abusive motives even if the lawsuit or action is not dismissed, costs and damages; calls on the Commission, further, to address questions giving rise to forum shopping and libel tourism in a forthcoming review of the Brussels I and Rome II Regulations;
Amendment 294 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the Commission to present a proposal for a measure that develops judicial cooperation in civil matters so as to address cross-border SLAPP cases by providing for rules on the dismissal of abusive lawsuits and other actions in court that have the purpose of preventing public participation, which should include sanctions, consideration of abusive motives even if the lawsuit or action is not dismissed, costs and damages; calls on the Commission, further, to address questions giving rise to forum shopping and libel tourism in a forthcoming review of the Brussels I and Rome II Regulations;
Amendment 295 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Whereas any Revision of the relevant rules in the Brussels I Regulation should be properly mirrored by an equivalent revision of the Lugano Convention so as to ensure a cohesive application of international jurisdiction rules in civil and commercial matters beyond the Union and where Union citizens are concerned;
Amendment 299 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission to present a proposal for measures toaddress the seriousness of SLAPPs brought through criminal proceedings by ensureing that defamation, libel and slander, which constitute criminal offences in most Member States, cannot be used for SLAPPs, including through private prosecution; underlines the calls of the Council of Europe and OSCE for the decriminalisation of defamation; invites the Commission to address the question of the seriousness of threats of SLAPPs in a legislative proposal; notes that defendants often face criminal charges while at the same time being sued for civil liability allegedly arising from the same conduct and invites the Commission to introduce harmonised procedural safeguards against those combined SLAPPs;
Amendment 315 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines the urgent need for a robust fund for supporting victims of SLAPPs and organisations supporting them insofar as the funds are directly used for the support of legal fees or provision of legal aid and psychological support; stress the importance for victims and potential victims of SLAPPs to have easy and accessible information about these type of cases, legal aid and support, including psychological support for victims and their family members;
Amendment 326 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers it necessary to collect data on SLAPP cases and raise awareness about the nature and detrimental effects of SLAPPs;
Amendment 338 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Highlights that the fight against corruption is essential for maintaining democracy, fundamental rights and rule of law, as corruption, which can take many forms, undermines our values, proper functioning of States and enables organised crime;
Amendment 339 #
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22 b. Calls on the Commission to strengthen in the framework of the annual Mechanism on DRF the regular, inclusive and structured dialogue with national authorities, NGOs, professional associations and other stakeholders in order to protect and support journalists, and other civil society representatives at risk of SLAPPs, prosecution or harassment;
Amendment 342 #
Motion for a resolution
Annex – point 1 – part I – introductory part
Annex – point 1 – part I – introductory part
Legislative measures - a package addressing SLAPPs, including early dismissal mechanisms, should include proposals:
Amendment 342 #
Motion for a resolution
Annex – point 1 – part I – introductory part
Annex – point 1 – part I – introductory part
Legislative measures - a package addressing SLAPPs, including early dismissal mechanisms, should include proposals:
Amendment 352 #
Motion for a resolution
Annex – point 1 – part II – indent 3
Annex – point 1 – part II – indent 3
the creation of a specific Union fund to provide financial support to victims of SLAPPs and their family members, including in terms of financial aid, legal assistance and psychological support;
Amendment 352 #
Motion for a resolution
Annex – point 1 – part II – indent 3
Annex – point 1 – part II – indent 3
the creation of a specific Union fund to provide financial support to victims of SLAPPs and their family members, including in terms of financial aid, legal assistance and psychological support;
Amendment 363 #
Motion for a resolution
Annex – point 1 – part II – indent 6
Annex – point 1 – part II – indent 6
a ‘one-stop-shop’/support hub which victims of SLAPPs can contact and where they can receive guidance and easy access to information and support on SLAPPs, including regarding ‘first aid’, legal aid, financial and psychological support, including through peer exchange networks;
Amendment 363 #
Motion for a resolution
Annex – point 1 – part II – indent 6
Annex – point 1 – part II – indent 6
a ‘one-stop-shop’/support hub which victims of SLAPPs can contact and where they can receive guidance and easy access to information and support on SLAPPs, including regarding ‘first aid’, legal aid, financial and psychological support, including through peer exchange networks;
Amendment 368 #
Motion for a resolution
Annex – point 2 – part I – introductory part
Annex – point 2 – part I – introductory part
A legislative proposal for a general protection measure would have the dual aim of protecting persons investigating or reporting:
Amendment 368 #
Motion for a resolution
Annex – point 2 – part I – introductory part
Annex – point 2 – part I – introductory part
A legislative proposal for a general protection measure would have the dual aim of protecting persons investigating or reporting:
Amendment 396 #
Motion for a resolution
Annex – point 3 – part 1 – introductory part
Annex – point 3 – part 1 – introductory part
A proposal for a civil procedure measure applicable in SLAPP cases, also with a cross-border casesnature, should include:
Amendment 398 #
Motion for a resolution
Annex – point 3 – part 1 – introductory part
Annex – point 3 – part 1 – introductory part
A proposal for a civil procedure measure applicable in SLAPP cases, also with a cross-border casesnature, should include:
Amendment 413 #
Motion for a resolution
Annex – point 3 – part II – point b
Annex – point 3 – part II – point b
(b) that the applicable law is the law of the place where the investigation or reporting took placeto which a publication is directed or, should that place not be possible to identify, the place of editorial control or relevant activity with regard to the public participation.
Amendment 415 #
Motion for a resolution
Annex – point 3 – part II – point b
Annex – point 3 – part II – point b
(b) that the applicable law is the law of the place where the investigation or reporting took placeto which a publication is directed or, should that place not be possible to identify, the place of editorial control or relevant activity with regard to the public participation.
Amendment 425 #
Motion for a resolution
Annex – point 4 – point b
Annex – point 4 – point b
(b) specify that private prosecution cannot be used to silence journalists, publishers, academics, civil society and NGOs;
Amendment 427 #
Motion for a resolution
Annex – point 4 – point c
Annex – point 4 – point c
(c) facilitate mutual recognition of judgements and judicial decisions, and police and judicial cooperation in criminal matters.;
Amendment 429 #
Motion for a resolution
Annex – point 4 – point ca (new)
Annex – point 4 – point ca (new)
(ca) explore possible harmonised procedural safeguards to protect defendants facing SLAPPs based on combined criminal charges and civil liability actions allegedly arising from the same conduct;
Amendment 429 #
Motion for a resolution
Annex – point 4 – point ca (new)
Annex – point 4 – point ca (new)
(ca) explore possible harmonised procedural safeguards to protect defendants facing SLAPPs based on combined criminal charges and civil liability actions allegedly arising from the same conduct;