Private Law Theory

ABSTRACT
Strategic Lawsuits Against Public Participation (SLAPPs) are legal actions – most commonly based on defamation, privacy or related claims – brought not to genuinely assert or protect a right, but to prevent, restrict or penalise public participation. They are typically characterised by an imbalance of power between the parties, the use of procedural tactics and the pursuit of deterrent effects capable of generating a chilling impact on freedom of expression and public debate. This chapter analyses the EU response to SLAPPs, adopting a diachronic perspective structured around three dimensions: past, present and future. The ‘yesterday’ section reconstructs the pre-Directive (EU) 2024/1069 (Anti-SLAPPs Directive) landscape, marked by the absence of a dedicated EU framework and by the central role of EU private international law, whose architecture already revealed systemic vulnerabilities. The ‘today’ section focuses on the national transpositions of the Anti-SLAPPs Directive, highlighting emerging divergences; it further examines how EU private international law – particularly rules on jurisdiction, applicable law and recognition and enforcement of judgments – continues to shape the effectiveness of the Anti-SLAPP protection in cross-border contexts. The ‘tomorrow’ section explores future directions, including effective transposition, potential reforms of private international law and the evolving role of courts. The chapter argues that, while the Anti-SLAPPs Directive represents a significant step forward, its effectiveness ultimately depends on its integration within a coherent EU private international law framework – one that strikes an appropriate balance between coordination and harmonisation and is capable of addressing the structural conditions that enable abusive litigation.

Pasqua, Marco, Adapting Private International Law to Anti-SLAPP Litigation: Yesterday, Today and Tomorrow (April 30, 2026).