Strategic lawsuits against public participation and their global relevance: Recent developments and persisting gaps in human rights law and in (EU) PIL

Abstract

The contribution analyses the phenomenon of SLAPPs (Strategic Lawsuits Against Public Participation) from the different, yet synergic, perspectives of Human Rights and Private International Law, in the light of the “anti-SLAPPs” Directive 2024/1069/EU. After analysing the phenomenon in the implications and possible future developments of the case law of the European Court of Human Rights (ECHR), the paper discusses the aspects of Private International Law that concern not only the European instruments of civil judicial cooperation (Brussels I bis and Rome II Regulations), but also the perspective of relations with third countries, in order to formulate some reflections de jure condito and de jure condendo. The thesis sustained in the contribution highlights the necessity to consider the global relevance of SLAPPs: while further homogeneity and structure of EU private international law in the field – in its capacity to address the phenomenon within the EU judicial space – would be an added value, it is equally true that SLAPPs are not confined to the EU judicial space and international cooperation may be required.