Policy Brief – Strategic Lawsuits Against Public Participation (SLAPPs) – Challenges of Legislative Alignment, June 2026

This paper, authored by Dr. Aida Bushati for the European Movement in Albania (EMA), examines the phenomenon of Strategic Lawsuits Against Public Participation (SLAPPs) and the challenges associated with aligning Albanian legislation with European standards in this field. It argues that SLAPPs pose a serious threat to freedom of expression, media pluralism, and civic participation, as they are used not to protect legitimate rights, but rather to intimidate, silence, or impose financial and psychological burdens on journalists, activists, human rights defenders, and other actors who contribute to public debate. The paper emphasizes that recent developments within the European Union and the Council of Europe have transformed protection against SLAPPs into an important standard of democracy, the rule of law, and the European integration process.

The paper analyzes three interconnected dimensions: i) The European normative framework against SLAPPs, examining the protection of freedom of expression under the European Convention on Human Rights, the case law of the European Court of Human Rights, as well as the content of Directive (EU) 2024/1069 and Council of Europe Recommendation CM/Rec(2024)2; ii) The experiences and challenges of transposing the Anti-SLAPP Directive in EU Member States, including dilemmas regarding its integration into national procedural systems, the interpretation of key concepts, and the establishment of effective protective mechanisms; iii) Albania’s commitment to adopting dedicated legislation on SLAPPs, harmonized with the standards of the European Union and the Council of Europe.

In light of Albania’s EU accession process, the paper aims to provide concrete guidance for policymakers and Albanian institutions in developing an effective anti-SLAPP framework. It notes that although Albanian legislation contains certain general mechanisms against procedural abuse and for the protection of freedom of expression, these instruments do not directly address the specific characteristics of SLAPPs. For this reason, the author recommends a combined approach involving amendments to existing procedural codes as well as the adoption of a dedicated anti-SLAPP law, which would include clear mechanisms for identifying, dismissing at an early stage, and sanctioning abusive legal proceedings.

Policy Brief – Strategic Lawsuits Against Public Participation (SLAPPs) – Challenges of Legislative Alignment, June 2026

*This material was produced within the project “Building Partnership on Fundamentals: Empowered CSOs in the EU accession process”, with the financial support of the European Union. Its content is the sole responsibility of the European Movement in Albania and the authors, and does not necessarily reflect the views and positions of the European Union.

The project “Building Partnership on Fundamentals: Empowered CSOs in the EU accession process” is being implemented by the European Movement in Albania (EMA), with the financial support of the European Union – IPA Civil Society Facility 2021, in cooperation with the Academy of European Integration and Negotiations (AIEN), Slovak Foreign Policy Association (SFPA) and the Center for Transparency and Freedom of Information (CTFI).