STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION (SLAPP) AS A FORM OF ABUSE OF PROCEDURAL RIGHTS
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Abstract
The article analyzes strategic lawsuits against public participation (SLAPP) as a form of abuse of procedural rights. It identifies the general characteristics of abuse of procedural rights and examines the SLAPP mechanism as one possible manifestation of such abuse. The article describes the legal values violated when a SLAPP is filed and identifies the legal entities that may bring such actions. It also assesses the objective elements of a SLAPP, namely the act itself, its consequences, the causal link, and other relevant circumstances typical of SLAPP cases. Furthermore, the article evaluates the subjective aspect of a SLAPP claim – specifically, whether such claims can be filed intentionally or through negligence. Finally, the article analyzes anti-SLAPP procedures designed to protect SLAPP victims from SLAPPs. The article evaluates both national and European Union legal measures and their effectiveness in ensuring the right to a fair trial. The study analyzes the draft Civil Procedure Code, which aims to renew the SLAPP mechanism in Lithuania, and evaluates the current court practice in Lithuania regarding SLAPPs, as well as drawing on the experience of foreign countries.
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