Directive 2024/1069 - Protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings (‘Strategic lawsuits against public participation’) - Main contents
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Directive (EU) 2024/1069 of the European Parliament and of the Council of 11 April 2024 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings (‘Strategic lawsuits against public participation’)| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2024/1069 |
| Original proposal | COM(2022)177  |
| CELEX number i | 32024L1069 |
| Document | 11-04-2024; Date of signature |
|---|---|
| Signature | 11-04-2024 |
| Effect | 06-05-2024; Entry into force Date pub. +20 See Art 23 |
| Deadline | 07-05-2030; See Art 21 07-05-2031; Review See Art 21 |
| End of validity | 31-12-9999 |
| Transposition | 07-05-2026; See Art 22.1 |
Official Journal of the European Union |
EN L series |
2024/1069 |
16.4.2024 |
DIRECTIVE (EU) 2024/1069 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 April 2024
on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings (‘Strategic lawsuits against public participation’)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 81(2), point (f), thereof,
Having regard to the proposal from the European Commission,
Having regard to the opinion of the European Economic and Social Committee (1),
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
The Union has set itself the objective of maintaining and developing an area of freedom, security and justice in which the free movement of persons is ensured. To establish such an area, the Union is to adopt, among others, measures relating to judicial cooperation in civil matters having cross-border implications and which are needed for the elimination of obstacles to the proper functioning of civil proceedings. That objective should be pursued if necessary by promoting the compatibility of the rules on civil procedure that are applicable in the Member States. |
(2) |
Article 2 of the Treaty on European Union (TEU) states that the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. |
(3) |
Article 10(3) TEU 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 right to respect for private and family life, to the protection of personal data, to freedom of expression and information, which includes respect for the freedom and pluralism of the media, to freedom of assembly and of association and the right to an effective remedy and to a fair trial. |
(4) |
The right to freedom of expression and information as established in Article 11 of the Charter includes the right to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. It is necessary to give to Article 11 of the Charter the meaning and scope of corresponding Article 10 of the European Convention on Human Rights (‘ECHR’) on the right to freedom of expression as interpreted by the European Court of Human Rights (‘ECtHR’). |
(5) |
In its resolution of 11 November 2021 on strengthening democracy and media freedom and pluralism in the Union, the European Parliament called on the Commission to propose a package of both soft and hard law to address the increasing number of strategic lawsuits against public participation (‘SLAPPs’) concerning journalists, non-governmental organisations (NGOs), academics and civil society in the Union. The Parliament expressed the need for legislative measures in the areas of civil and criminal procedural law, such as an early dismissal mechanism for abusive civil lawsuits, the right to the full award of costs incurred by the defendant, and the right to compensation for damage. The resolution of 11 November 2021 also included a call for adequate training for judges and legal practitioners on SLAPPs, a specific fund to provide financial support for the victims of SLAPPs and a public register of court decisions on SLAPP cases. In addition, Parliament called for the revision of Regulation (EU) No 1215/2012 of the European Parliament and of the Council (3) and of Regulation (EC) No 864/2007 of the European Parliament and of... |
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