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EN
The School of Magistrates, 3 December, 2025, had the training activity on topic: “Strategic lawsuits against public participation. The training of judges on SLAPP lawsuits. "
This activity was conducted by:
Experts Manjola Xhaxho and Aida Bushati
Facilitator: Erind Mërkuri
The purpose of this training is: The purpose of this training is the increase the knowledge of judges and of prosecutors to identify, understand and address SLAPP lawsuits, through the juridical analysis and protection instruments available in national and European level, intending the guaranteeing of the freedom of expression, protection of public interest and the abuse of the judicial system. To consolidate the skills of judges and of prosecutors to identify the elements of SLAPP lawsuits, as well as to apply procedural mechanisms for the early refuse of not based lawsuits that intend the “prevention” of the defenders of public interests of the rights of journalists or of the civil society.
The training was realized by combining presentations (up to 20 - 30 min) with the discussion of issues brought for discussion (self-study questions, questions, answers) and case law exercises & quizzes to encourage and realize the active interaction of participants.
In this training activity were elaborated different topics, such as:
-Freedom of expression, guaranteed by the main European instruments such as the European Convention on Human Rights (Article 10) and the Charter of fundamental rights of the European Union (Article 11), has a special importance in the context of global developments that are characterized by the inflation of information and the increase of the use of digital instruments of communication and informing. In such a new reality, the phenomenon of strategic lawsuits versus public participation (SLAPP) is identified by the European Court of Human Rights and is analyzed in its jurisprudence as a serious threat for the public debate, transparency and freedom of expression. In the level of the European Union, is approved the Anti-SLAPP Directive, (EU) 2024/1069 which intends to provide a protective harmonizing framework for journalists, activists and defenders of the human rights from the abuse with judicial procedures. More concretely were analyzed:
- Important definitions: public participants, issues of public interest, not based lawsuits, etc.
- Procedural protection; guarantees; early refusal of lawsuits, other protection means.
- Cross-border nature of lawsuits and their influence on internal issues.
- Article 10 of ECHR guarantees the freedom of expression as the right to express the opinions and to ask for information. This freedom is a precondition for other freedoms and is one of the pillars of democratic societies. Lawsuits against public activists from private or public persons with authority (SLAPP) are an increasing phenomenon in western societies. ECtHR with its jurisprudence has played an important role in the identification of the main elements of SLAPP lawsuits by analyzing its main elements. In this part of the training was analyzed this jurisprudence, being focused concretely on:
- The legitimacy of parties;
- Public interest;
- Principle of proportionality;
- Doctrine of deterrence (intimidation);
- The balance of the rights.
-Freedom of expression apart of international acts is guaranteed even by the domestic legislation of some different countries, for which is under development certain jurisprudence. In this part were analyses provisions of legislation and relevant cases, regarding:
- Canada;
- United States of America;
- United Kingdom and Northern Ireland;
- Albania.
In this training activity participated judges of the Republic of Albania.
