Strategic Lawsuits Against Public Participation (SLAPPs)

Closes 23 May 2025

Chapter 3 - EU Directive

Co-legislators of the EU adopted a Directive which provides safeguards against manifestly unfounded claims or abusive court proceedings (or SLAPPs) in civil matters with cross-border implications brought against persons on account of their engagement in public participation. The Directive sets out minimum common standards (Article 3) and applies to matters of a civil or commercial nature with cross-border implications. This section asked questions related to the Directive, a copy of which can be found in Appendix A of the consultation paper.

9. Can you envisage any conflicts between the Directive and other provisions of Scots law?
10. Are there any features not included in the Directive that should be considered for inclusion in possible legislation?
11. In your view, are there any other relevant factors that Scottish Ministers should consider if EU alignment in this area is to be considered?