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Article 19 Europe welcomes the adoption of the Anti-SLAPP Directive by the European Parliament in today’s plenary vote and joins the Coalition Against SLAPP Europe (CASE). The Directive sets minimum standards to protect public oversight bodies from abuse lawsuits in the form of SLAPPs (strategic lawsuits against public participation).
The responsibility now lies with Member States to build on the foundation set by the Anti-SLAPP Directive and draft effective national legislation that includes:
- A wide range of coverage, including domestic SLAPP cases and claims based on criminal procedure law or administrative procedures.
- Robust guarantees on early termination mechanisms to exclude SLAPPs.
- National law safeguards for damages based on specific criteria, and the imposition of large fines on claimants who use SLAPPs to threaten public oversight bodies.
- Non-legal measures such as support mechanisms, awareness and training of judges/lawyers, ethics of lawyers, data collection and monitoring of SLAPPs – these measures are subject to the European Commission’s Anti-SLAPP Recommendation of 27 April 2022 and the upcoming This will be explained in detail at the upcoming Federal Council meeting. Recommendation of the European Committee of Ministers.
CASE partners analyzed three things: The most important aspect Our recommendations regarding the final text of the Anti-SLAPP Directive and its transposition into national law are as follows:
We will closely monitor the transposition to ensure that these minimum standards are met across Europe and that legislation is drafted in line with the European Commission’s anti-SLAPP Recommendation and the forthcoming Council of Europe Recommendation on SLAPPs. . An affirmative vote in plenary is an important next step in the fight against SLAPPs, but we are now entering an important transition phase. Dear Member States, this is your signal. To protect public oversight bodies from SLAPPs, everything needs to be done at member state level.
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