The European Parliament’s Committee on Legal Affairs (JURI) began discussions on Monday 27 February on the proposed “anti-SLAPPs” directive to combat Strategic Lawsuits Against Public Participation. Despite a “strong” text from the European Commission, MEPs called, among other things, for a broader definition of cross-border cases and additional means of recourse for victims.
In his 2021 resolution (see EUROPE 12831/22), rapporteur Tiemo Wölken (S&D, German) welcomed a directive that lived up to the European Parliament’s demands “to the extent that the current treaty competence allows us to regulate at the EU level”.
Cross-border cases
Indeed, Mr Wölken, as well as members of Renew Europe and the Greens/EFA, deplored the fact that the directive is limited to cross-border cases, an issue that is important to the Member States (see EUROPE 13037/21, 13081/18). “Cases without the notion of cross-border make up the vast amount of cases”, the rapporteur recalled.
While the EU cannot speak on strictly national matters, Mr Wölken called for “broader understanding of [cross-border] in this context, which respects the competences in the treaties and the European Court of Justice jurisprudence”, which takes into account the developments of a society where information circulates online.
“The principle of equality of treatment and non-discrimination is the best way to ensure citizens are protected against abusive lawsuits within national boundaries as well”, he suggested.
Ilana Cicurel (Renew Europe, French) proposed “reflecting on a change of legal basis”. In particular, she suggests reviewing Article 114 of the TFEU, on the approximation of laws.
Similarly, MEPs have expressed their regret that the directive does not apply to criminal proceedings, given its current legal basis (Article 81 TFEU).
Recourse against abusive legal proceedings
Other key elements for MEPs are the swift dismissal of manifestly unfounded legal proceedings and appeals against abusive lawsuits.
On this last point, Mr Wölken argued that the SLAPP applicant should “be ordered to bear all the costs of the proceedings, including the full costs of legal and representation”. Furthermore, he considers that victims of SLAPPs “should be able to claim and get full compensation” for the damage caused, without having to initiate separate legal proceedings.
Mr Wölken intends to submit his draft report within the week. JURI members will have until 21 March to submit amendments. (Original version in French by Hélène Seynaeve)