The Swedish Presidency of the Council of the EU will on Wednesday 24 May present a proposal for a political agreement (‘general approach’) to the ambassadors of the EU Member States (Coreper 2) on the ‘anti-SLAPP’ proceedings directive. The compromise text presented differs little from its previous versions (see EUROPE 13156/21).
The main differences with the European Commission’s original proposal concern the scope, remedies and early rejections.
Scope
Thus, while the Directive applies only to cross-border cases, the Swedish Presidency proposes to let the courts decide on a case-by-case basis whether a case is cross-border (see EUROPE 13135/1).
Furthermore, the text specifies that the Directive will not apply to arbitrations or to “civil claims brought in criminal proceedings and governed fully or partially by criminal procedural law”.
Compensations and remedies
Furthermore, unlike the Commission, Stockholm removes the possibility for victims of ‘SLAPPs’ to claim compensation, except for abusive proceedings initiated in third countries. As for remedies, the extent to which the costs of legal proceedings can be reimbursed would depend on the relevant national legislation.
Anticipated rejection
While the text on the table of the Council, like the Commission, limits the possibility of rapid rejections of “manifestly unfounded” complaints, it qualifies this point. It adds that such rejections should take place “at the earliest possible stage”, but “after appropriate examination” by the courts. However, it removes the obligation to suspend proceedings where the defendant requests an early dismissal.
If the ambassadors give the green light on Wednesday, the general approach should be discussed by EU ministers at the ‘Justice and Home Affairs’ Council in early June, in line with the Swedish Presidency’s ambitions (see EUROPE 13092/12).
The proposed political agreement: https://aeur.eu/f/6zz (Original version in French by Hélène Seynaeve)