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Over the years, techniques to limit freedom of expression have been refined, in innovative ways, often taking advantage of a legal void or grey zones between legal norms. One of these techniques is that of 'SLAPPs' (strategic lawsuits against public participation), a term coined by George Pring and Penelope Canan in the 1980s to indicate an abusive or meritless lawsuit filed against someone for exercising their political rights or freedom of expression in relation to matters of public interest. The ...

The e-CODEX system is the technological backbone of the digitalisation of EU judicial cooperation in both civil and criminal matters. It comprises a package of software products that allow for secure digital communication between courts, and between citizens and the courts, in particular enabling the secure exchange of judicial documents. The project, launched in 2010 with EU funding, has until now been managed by a consortium of Member States and other organisations, and coordinated by the Ministry ...

The Committee on Legal Affairs is proposing that the European Parliament give its consent to EU accession to the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, concluded within the framework of the Hague Conference on Private International Law.

The 2007 Lugano Convention is an international treaty that regulates the free movement of court judgments in civil cases between the Member States of the EU, on one hand, and the three EFTA states (Switzerland, Norway and Iceland), on the other. The convention effectively extends the regime of quasi-automatic recognition and enforcement of judgments that was applicable between EU Member States at the time under the Brussels I Regulation (No 44/2001). Whereas the EU rules currently in force regulating ...

During the November I plenary session, Parliament is due to vote a resolution aimed at strengthening democracy, media freedom and pluralism in the European Union. The resolution calls for immediate action, both legislative and non-legislative, to address the issue of strategic lawsuits against public participation (SLAPPs).

This At a glance of the study with the same title, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, analyses legal definitions of Strategic Lawsuits Against Public Participation (SLAPP) and assesses the compatibility of anti-SLAPP legislation with EU law. It is recommended that an anti-SLAPP Directive should be adopted, and that the Brussels Ia Regulation and Rome II Regulation should be recast to limit ...

Justice programme 2021-2027

Sracfhéachaint 21-04-2021

In May 2018, the European Commission adopted a proposal for a regulation establishing a new Justice programme as part of the new 2021-2027 Multiannual Financial Framework (MFF). An early second-reading agreement was reached with the Council in trilogue negotiations, which is now expected to be voted by Parliament during the April 2021 session.

This briefing anlyses the strenghts and weaknesses of the Commission impact assessment (IA) accompanying the proposal to to formally establish the e-CODEX system at EU level and entrust its operational management to the European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (EU-LISA). The IA contains a number of important shortcomings that significantly reduce its overall quality.

The European Added Value Assessment (EAVA) estimates whether and to what extent adoption of EU minimum standards of civil procedure could generate European added value. The European added value is quantified as a percentage reduction of the total cost of civil procedure. The total cost of civil procedure is estimated based on data on the number of civil and commercial proceedings in the EU-28 and the cost of litigation in the Member States. Based on this analysis, the EAVA estimates that introducing ...

In May 2018, the Commission put forward a proposal for amending the existing Regulation on Cross-border Service of Documents in civil proceedings. The proposal aims, above all, to replace the existing mechanisms of paper transmission with an electronic system. National information technology (IT) systems would be connected into one network, and the use of paper transmission would become an exception, available only in the event of a failure of the electronic system. Within Parliament, a draft report ...