Searching for a balance between strategic litigation and the anti–slapp directive: private international law as a useful tool

Abstract

The rise of strategic litigation has reshaped the international legal landscape, moving beyond traditional areas such as environmental protection and human rights to emerging fields including data protection, consumer law, and corporate accountability. Alongside this trend, abusive lawsuits known as SLAPPs have proliferated, aiming to silence public participation and weaken the effectiveness of rights–based litigation with structural impact. The recent EU Anti–SLAPP Directive introduces a framework to counter such practices, yet its interaction with private international law raises complex challenges regarding jurisdiction, forum shopping, and the recognition of foreign judgments. This article argues that private international law can serve as a balancing tool: enhancing the enforceability of legitimate strategic litigation while preventing the recognition of decisions stemming from abusive fora. Rather than being seen as conflicting forces, strategic litigation and the Anti–SLAPP Directive can be coordinated through the technical mechanisms of private international law, offering a useful model to advance rights protection and reinforce the effectiveness of the European legal system.