Methodology
The European Anti-SLAPP Monitor will track the progress of European Union and Council of Europe member states in transposing and implementing the Anti-SLAPP Directive and the CoE Recommendation. Governments and national authorities will determine how to transpose these instruments, whether by introducing standalone laws, drafting special sections in existing laws, or amending various laws. We will ensure that such initiatives and developments are closely monitored and reflected in this monitor.
The monitoring and collection of information on implementation will be conducted by ECPMF, CASE members and national experts. However, governments and national authorities are encouraged to share information with the monitor about their efforts to transpose and implement European Anti-SLAPP standards.
The European Anti-SLAPP Monitor has established a system to allow the public to track and understand the status of transposition and implementation efforts. The following categories will be used:
No Information
Member States are classified as “No Information” if ECPMF and CASE are unable to collect information from that member states about the transposition or implementation of EU and Council of Europe instruments on Anti-SLAPP.
Not Started
Member States are classified as “Not Started” if no known steps have been taken toward the transposition or implementation of EU and Council of Europe instruments on Anti-SLAPP into national legislation. If you have information about developments that show the transposition and implementation have started, please contact ECPMF at legal@ecpmf.eu.
Started
Member States are classified as “Started” when they can document concrete steps taken toward the transposition of European Anti-SLAPP standards into national legislation. All steps taken, from the establishment of a working group, public or external stakeholder consultation on a draft proposal, to the presentation of draft laws or legal provisions to Parliament, up until the final adoption of a new law or legal provisions, will be included in this category.
Delayed
Member States are classified as “Delayed” if, by 7 May 2026, the European Anti-SLAPP standards have not been implemented at the national level. The date is set based on the transposition deadline of the EU Directive on SLAPPs, however member states will be assessed by CASE based on standards set by the European Union and the Council of Europe.
Partially Implemented
A Member State will be classified in the category “European Standards Partially Implemented” if it has partially implemented the standards set out in the EU directive against SLAPPs and the Council of Europe Recommendation against SLAPPs.
Implemented
A Member State will be classified in the category “European Standards Implemented” if it fully implements the standards set out in the EU directive against SLAPPs and the Council of Europe Recommendation against SLAPPs.
Benchmarks for monitoring:
- All type of SLAPPs
- Cross border
- SLAPP indicators
- Early dismissal of claims against public participation
- Security for costs of proceedings
- Award of costs
- Compensation of damages
- Grounds for refusal of recognition and enforcement of a third-country judgment
- Jurisdiction for actions related to third-country proceedings
