The Council of Europe is publishing the "Regional Baseline Assessment of Legislative and Policy Needs for Implementing European Anti-SLAPP Standards," providing an in-depth evaluation of legal frameworks across six Western Balkan jurisdictions: Albania, Bosnia and Herzegovina, Kosovo*, Montenegro, North Macedonia, and Serbia.

This comprehensive report, a key milestone under the joint European Union and Council of Europe initiative PRO-FREX, highlights the existing gaps in the region’s legislative and policy approaches to countering Strategic Lawsuits Against Public Participation (SLAPPs). It also outlines necessary reforms for aligning domestic frameworks with European standards, including the recently adopted Recommendation CM/Rec(2024)2 on countering the use of strategic lawsuits against public participation (SLAPPs), and the Directive (EU) 2024/1069 of the European Parliament and of the Council of 11 April 2024 on protecting persons who engage in public participation from manifestly unfounded claims or abusive court proceedings.

This assessment demonstrated that across the Beneficiaries, all domestic laws allow for both dismissal of lawsuits on procedural grounds and rejection based on the merits, which promotes compliance with European Anti-SLAPP standards. It also delved into a number of other critical aspects such as the compensation for victims, litigation costs, victim recognition, the role and decisions of regulatory bodies, and the recognition of foreign court decisions.

The findings were presented and discussed during the Regional Exchange on European Anti-SLAPP Standards, held on 15 November 2024 in Strasbourg with the participation of judges, legal professionals, representatives from relevant ministries and journalists from across the Western Balkans. The feedback collected during the exchange has been incorporated into the finalised report, ensuring it reflects the practical insights and expertise of stakeholders on the ground. The report is expected to serve as a key reference for reform efforts across the region, promoting European Anti-SLAPP standards and strengthening protections for freedom of expression and public participation.

The Regional Baseline Assessment is available on the Council of Europe Freedom of Expression website. It was developed within the Regional action on “Protecting freedom of expression and of the media”, implemented by the Council of Europe Division for Co-operation on Freedom of Expression. Тhis action is part of the joint European Union and Council of Europe programme “Horizontal Facility for the Western Balkans and Türkiye”.