An Anti-SLAPP Curriculum for Lawyers in the European Union

Since the publication of this document, the final text of the Anti-SLAPP Directive has been approved, which includes some changes to the provisions discussed in Chapter 4.. Our guide to the final Directive text is here and can be read alongside this Handbook.

The Central Curriculum is intended to equip practicing lawyers and prospective practitioners in Europe to better represent clients against Strategic Lawsuits Against Public Participation (SLAPPs). It will enable lawyers to identify SLAPPs and to consider a number of legal strategies which might assist them both to pre-empt and to respond to threats of litigation which are designed to intimidate or vex their clients, as opposed to legitimate claims intended to enforce a legitimate right.

The Central Curriculum is based on both the law currently in force and the proposed EU Anti-SLAPP Directive, which is currently making its way through the EU’s law-making process. This will enable practitioners to deploy new legal instruments as they come into force, thereby ensuring that clients and the general public enjoy the full benefit of the protections which the law may afford to freedom of expression in Europe.

In particular, this document is designed to provide a brief overview of the characteristics of Strategic Lawsuits Against Public Participation (SLAPPs) and how they can be identified (Chapter 2). It also provides guidance on the interaction between SLAPPs and human rights (Chapter 3). It includes an analysis of the Proposed EU Anti-SLAPP Directive (Chapter 4). Finally, it analyses the implications in terms of private international law (Chapter 5) and the issues related with the freedom of information and subject access requests (Chapter 6).