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Supreme Court Judge of the Administrative Cassation Court Yan Bernaziuk and Supreme Court Judge of the Civil Cassation Court Vasyl Krat participated in the European Anti-SLAPP Conference - strategic lawsuits against public participation. The event, organised by the Coalition Against SLAPPs in Europe (CASE) and the European Centre for Press and Media Freedom (ECPMF) in cooperation with the Council of Europe, took place in Strasbourg, France.
The conference was attended by representatives of the Council of Europe, the European Union, CASE members, SLAPP victims, judges, experts, journalists, lawyers, free speech advocates, academics, ombudsmen and civil society representatives.
The event aims to promote and implement the legal instruments adopted in 2024 to combat SLAPP to the general public and to highlight legislative, political and governmental initiatives that will contribute to the implementation of such standards at the national level.
During the conference, the participants discussed in detail the effectiveness of the documents already in force in this area, in particular Directive (EU) 2024/1069 of the European Parliament and of the Council of 16 April 2024 on the protection of persons taking part in public life against unfounded claims and Recommendation CM/Rec(2024)2 of the Committee of Ministers of the Council of Europe on combating strategic lawsuits against public participation (SLAPP).
The participants were also presented with a comprehensive training package for judges, prosecutors and lawyers developed under the regional PRO-FREX programme. The participants discussed the need to adopt anti-SLAPP legislation in EU countries to protect the rights to freedom of expression and public participation; support activists and journalists facing SLAPPs by creating legal platforms for advice and defence; and raise public awareness of SLAPP lawsuits through communication campaigns and information events.
Particular attention was paid to the right of everyone to a fair trial, as guaranteed by Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms.
The conference was followed by a regional exchange of experiences on combating SLAPPs, organised in the framework of the regional programme "Protection of Freedom of Expression and Media in the Western Balkans (PRO-FREX)", which is part of the joint European Union and Council of Europe programme "Horizontal Facility for the Western Balkans and Turkey 2023-2026".
This regional event was a platform for discussion between journalists, representatives of the judiciary and relevant government agencies and ministries from the Western Balkans, focusing on the development of effective strategies to combat SLAPPs.
As part of the exchange of experiences, the Assessment of Legislative and Policy Needs for the Implementation of Council of Europe and European Union Standards on Countering SLAPPs was presented and its preliminary results were discussed with the Council of Europe consultants who drafted the document.
Participation in the event was financially supported by the Council of Europe project 'Safeguarding Freedom of Expression and Freedom of the Media in Ukraine' (SFEM-UA), implemented by the Council of Europe Department for Cooperation on Freedom of Expression within the framework of the Council of Europe Action Plan for Ukraine 'Resilience, Recovery and Rehabilitation' (2023-2026).