Activities of Sylvie GUILLAUME related to 2022/0117(COD)
Plenary speeches (1)
Protection of journalists and human rights defenders from manifestly unfounded or abusive court proceedings (debate)
Shadow 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 (81)
Amendment 35 #
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 (Article 12), freedom of the arts and sciences (Article 13), and to an effective remedy and to a fair trial (Article 47).
Amendment 50 #
Proposal for a directive
Recital 4
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 proceedingincluding 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 57 #
Proposal for a directive
Recital 6
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 63 #
Proposal for a directive
Title 1
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 65 #
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 ( Article 12) and to an effective remedy and to a fair trial (Article 47).
Amendment 66 #
Proposal for a directive
Recital 7
Recital 7
(7) Human rights defenders also play an important role in European democracies, especially in upholding fundamental rights, democratic values, social inclusion, environmental protection and the rule of law. They should be able to participate actively in public life and make their voice heard on policy matters and in decision-making processes without fear of intimidation. Human rights defenders 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 70 #
Proposal for a directive
Recital 7 a (new)
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 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 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 77 #
Proposal for a directive
Recital 9
Recital 9
(9) To foster this environment, it is important to protect journalists and human rights defenders from court proceedingnatural 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 5
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 83 #
Proposal for a directive
Recital 7
Recital 7
(7) Human rights defenders also play an important role in European democracies, especially in upholding fundamental rights, democratic values, social inclusion, environmental protection and the rule of law. They should be able to participate actively in public life, 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 #
Proposal for a directive
Recital 7 a (new)
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 87 #
Proposal for a directive
Recital 12
Recital 12
(12) Those targeted by court proceedinglawsuits 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 proceedinglawsuits 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 89 #
Proposal for a directive
Recital 13
Recital 13
(13) The safeguards provided in this Directive should apply to any natural or legal person on account of their 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 #
Proposal for a directive
Recital 13 a (new)
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 9
Recital 9
(9) To foster this environment, it is important to protect journalists and human rights defendersnatural 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 14
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 proceedinglaims 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 96 #
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 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 100 #
Proposal for a directive
Recital 16 a (new)
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 102 #
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 jonaturnalists and human rights defenderslegal 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 jonaturnalists and human rights defenderslegal 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 104 #
Proposal for a directive
Recital 18
Recital 18
(18) The notion of a matter of public interest should include also quality, safety or other relevant aspects of goods, products or services, 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 108 #
Proposal for a directive
Recital 20
Recital 20
(20) Abusive court proceedings typically involve litigation tactics used in bad faith such as delaying proceedings, causing disproportionate costs to the defendant in the proceedings or forum shoppinglawsuits 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 18
Recital 18
(18) The notion of a matter of public interest should include also quality, safety or other relevant aspects of goods, products or services, 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 114 #
Proposal for a directive
Recital 20
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 114 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) Lawsuits under this Directive entail all proceedings before a court or tribunal in civil matters, including injunctions.
Amendment 118 #
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 unfounded court proceedingabusive lawsuits, a request for remedies against abusive court proceedinglawsuits (award of costs, compensation of damages and penalties), or all of them at the same time.
Amendment 119 #
Proposal for a directive
Recital 22
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 121 #
Proposal for a directive
Recital 25 a (new)
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 125 #
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 proceduralall 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 129 #
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 unfoundedabusive. This does not represent a limitation of access to justice, taking into account that the claimant carries the burden of proof in relation todefendant 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 dismissalconcerns public participation and show a prima facie case for abusiveness.
Amendment 137 #
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 otherspersons 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 142 #
Proposal for a directive
Recital 36 a (new)
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 39 a (new)
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 #
Proposal for a directive
Recital 39 b (new)
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 #
Proposal for a directive
Recital 39 c (new)
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 #
Proposal for a directive
Recital 39 d (new)
Recital 39 d (new)
Amendment 149 #
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 with cross- border implications brought against natural and legal persons, in particularnotably journalists and human rights defenders, on account of their engagementd in public participation including online.
Amendment 151 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive provides safeguards against manifestly unfounded or abusive court proceedingabusive 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 153 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
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, andbe 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 157 #
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point a
Article 3 – paragraph 1 – point 2 – point a
(a) public health, safety, the environment, climate, consumer or labour rights or enjoyment of fundamental rights including right of information and expression, media freedom and pluralism;
Amendment 157 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
1. ‘public participation’ means any statement or activity by a natural or legal person expressed or carried out in the exercise of the right to freedom of expression and information, academic freedom, freedom of 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 162 #
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point a
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 165 #
Proposal for a directive
Article 3 – paragraph 1 – point 2 – point c
Article 3 – paragraph 1 – point 2 – point c
(c) matters under public consideration or reviewunder consideration by a legislative, executive, or judicial body, or any other public official proceedings as well as actions or inactions by government bodies;
Amendment 168 #
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 or criminalityembezzlement 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 3 – point a a (new)
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)
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 177 #
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) the act of public participation concerning a matter of public interest against which court proceedings are initiated is relevant to more than one Member State, 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 179 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 – introductory part
Article 3 – paragraph 1 – point 3 – introductory part
3. ‘abusive court proceedinglawsuits 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 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) early dismissal of manifestly unfoundedunfounded or abusive court proceedings in accordance with Chapter III;
Amendment 183 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States mayshall 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 3 – paragraph 1 – point 3 – point b
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 mattersmatters of public participation;
Amendment 185 #
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, trade unions and other collective bodies acting in the interest of the defendant, may take part in those proceedings, either in support of the defendant or to provide information.
Amendment 185 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c
Article 3 – paragraph 1 – point 3 – point c
(c) intimidation, harassment or threats on the part of the claimant or his or her representatives.;
Amendment 186 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c a (new)
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 192 #
Proposal for a directive
Chapter III – title
Chapter III – title
III Early dismissal of manifestly unfounded court proceedings
Amendment 192 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 – point c b (new)
Article 3 – paragraph 1 – point 3 – point c b (new)
(cb) a previous early dismissal of a similar claim as abusive.
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 unfoundedunfounded or abusive.
Amendment 196 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that when court proceedinglawsuits 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 9 – paragraph 2
Article 9 – paragraph 2
2. Member States mayshall 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 199 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) early dismissal of manifestly unfounded court proceedingsuch lawsuits in accordance with Chapter III;
Amendment 200 #
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 unfoundedunfounded or abusive.
Amendment 200 #
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) remedies against abusive court proceedingsuch lawsuits in accordance with Chapter IV.
Amendment 202 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States mayshall 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 206 #
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 canmust 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 206 #
Proposal for a directive
Article 7 – title
Article 7 – title
Amendment 207 #
Proposal for a directive
Article 14 – paragraph 1 a (new)
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 209 #
Proposal for a directive
Article 15 – paragraph 1
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, irrelevant of whether it may be physical, psychological or reputational.
Amendment 209 #
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 organisationsthe 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 thoseany 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 211 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
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 213 #
Proposal for a directive
Article 16 – paragraph 1 b (new)
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 213 #
Proposal for a directive
Article 7 a (new)
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 215 #
Proposal for a directive
Article 16 – paragraph 1 c (new)
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 #
Proposal for a directive
Article 16 – paragraph 1 d (new)
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 #
Proposal for a directive
Article 16 – paragraph 1 e (new)
Article 16 – paragraph 1 e (new)
Member states should provide mental health support to victims of SLAPP cases.
Amendment 217 #
Proposal for a directive
Chapter III – title
Chapter III – title
Amendment 219 #
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 proceedinglawsuits against public participation as manifestly unfoundedabusive as defined in Article 3 para. 3.
Amendment 221 #
Proposal for a directive
Article 21 – paragraph 2 – point 1 (new)
Article 21 – paragraph 2 – point 1 (new)
(1) This Directive shall apply to existing and ongoing charges against public participation.
Amendment 223 #
Proposal for a directive
Article 9 – paragraph 2
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 difficultThe defendant can move for early dismissal at any stage of the proceedings.
Amendment 231 #
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 claimwsuit is not manifestly unfoundedabusive.
Amendment 245 #
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 [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 proceedinglawsuits 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 248 #
Proposal for a directive
Article 20 – paragraph 1 a (new)
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.