No. 99: Shielding Speech: Evaluating the European Anti-SLAPP Directive’s Efficacy in Curtailing Strategic Lawsuits Aimed at Public Participation
Abstract
Strategic Lawsuits Against Public Participation (SLAPPs) impose a chilling effect on anyone who participates in public discourse and can ultimately undermine our democracy. The extent to which SLAPP is legislated varies significantly from one EU Member State (EUMS) to another. In April 2024, the EU adopted the Anti-SLAPP Directive 2024/1069, which aims to protect persons who engage in public participation from manifestly unfounded claims or abusive court proceedings. This bachelor thesis will evaluate the effectiveness of the legal design of the Anti-SLAPP Directive in curtailing SLAPPs. Firstly, the EU’s definition of SLAPP will be analyzed and it will be examined how it differs from definitions found in legal literature. Secondly, this bachelor thesis will evaluate the choice of legal basis before conducting an in-depth analysis of the regulatory content of Directive 2024/1069. By comparing its remedies with the requested actions of NGOs, the European Economic and Social Committee (EESC) and other relevant stakeholders, a final result of the Directive’s effectiveness can be presented.