Deal on the SLAPPs Directive

The European Parliament and the Council reached a provisional political agreement on 30 November 2023, regarding the directive to protect individuals from strategic lawsuits against public participation (SLAPPs). This agreement introduces several innovations, such as defining minimum protection standards, clarifying the scope of public participation and matters of public interest, and detailing abusive court proceedings. The Directive will apply to civil or commercial cases with cross-border implications but not to criminal matters or arbitration. It mandates accelerated treatment for safeguards and early dismissal of unfounded claims, specifies the burden of proof on claimants, and provides remedies for abusive proceedings, including cost awards and penalties. Additionally, it addresses the refusal of third-country judgments and jurisdiction for actions related to third-country proceedings. The agreement emphasizes maintaining existing protections while allowing Member States to adopt more favorable provisions.