The Parliament has finally voted on the second reading of the rules for protection against slap lawsuits, also known as SLAPP cases. What is new is that the protection will apply not only in the future, but also to existing cases, after the law enters into force. The rules are introduced with amendments to the Code of Civil Procedure (CCP) and will apply to civil and commercial cases. The draft was prepared by the Ministry of Justice with the participation of judges, lawyers, teachers, human rights defenders and submitted by the Council of Ministers.
The changes to the Civil Procedure Code fully implement the requirements of the European directive on the protection of persons involved in public participation, as the bill goes beyond its requirements and provides that the new rules apply not only to cross-border proceedings, but also to national cases.
What do the rules provide in brief:
✔️ A new chapter is created in the Civil Procedure Code “Procedures due to the public participation of the defendant“. Public participation refers to a statement or activity in the exercise of the freedom of expression and information, freedom of science and the arts or freedom of assembly and association.
✔️ The proceedings may be terminated by the court at an early stage and within a short period of time by a decision on the merits when the obvious insolvency of the claim is established due to the public participation of the defendant.
✔️ The court will assess whether a slap case has been filed based on various criteria, including: inequality of power between the parties; unfoundedness, disproportionality, excessiveness of the claim; intimidation, harassment, threats by the plaintiff, etc.
✔️ When the court establishes that the case was brought due to the public participation of the defendant, it shall explicitly state so. The decision in a slap-on-the-face case that has entered into force is published on the website of the court that issued it.
✔️ No security for a claim is allowed if it is not supported by convincing written evidence.
✔️ At the request of the defendant, the court may order security for his expected legal expenses, if they are justified.
✔️ In proceedings initiated before the entry into force of this law, in which the first hearing in the case was held, the defendant may request the application of the new rules until the completion of the judicial search.
✔️ Defendants in slap-on-the-face cases may be defended by pro bono lawyers.