MEP Dario Tamburrano (The Left) and two colleagues have raised concerns that Italy's draft legislative decree transposing the EU Anti-SLAPP Directive may violate EU law, potentially triggering infringement proceedings. In a parliamentary question submitted on 22 July 2026, the MEPs argue that Article 3 of the draft unduly restricts the directive's scope to cross-border proceedings, contrary to the European Commission's recommendation and a European Parliament resolution from April 2026. They also challenge a provision that deems cases with both parties domiciled in Italy as non-cross-border, which they say deviates from the directive's requirement to assess all relevant elements. Additionally, the MEPs question the transitional arrangements in Article 17, which apply the decree only to proceedings brought after its entry into force, potentially leaving ongoing SLAPP cases unprotected. The Commission is expected to reply within six weeks, and its response will signal whether it considers the Italian text compliant or whether it may launch an infringement procedure under Article 258 TFEU. The outcome affects journalists, activists, and civil society organisations targeted by strategic lawsuits against public participation, as well as Italy's legal framework for protecting free speech.
Source📩 Open question ↗
Asked byDario Tamburrano (The Left), Carolina Morace (The Left) +1 more