On Friday, the Croatian Parliament adopted the Act on the Protection of Persons Engaged in Public Participation, transposing the EU Anti-SLAPP Directive into Croatian law with the aim of protecting individuals from unfounded lawsuits and abusive legal proceedings, commonly known as SLAPP lawsuits, Telegram.hr reports.
The law was supported by 108 Members of Parliament, while eight abstained. It implements the European directive designed to protect journalists, whistleblowers, artists, trade unions, non-governmental organisations, academics and other members of civil society from unfounded claims and malicious court proceedings.
The Act introduces a number of procedural safeguards for natural and legal persons targeted by SLAPP lawsuits because of their public participation. These include security for estimated litigation costs, the early dismissal of manifestly unfounded claims, reimbursement of legal costs, financial penalties and other sanctions against abusive litigants.
The legislation also establishes new financial penalties. Where a court determines that a claimant has initiated a malicious lawsuit against public participation, legal entities may be fined 20 percent of the value of the claim, with a minimum penalty of €10,000. Individual claimants may be fined 10 percent of the value of the claim, with a minimum penalty of €3,000.
As explained during the parliamentary debate, the law also seeks to strengthen protection through expedited court proceedings, allowing these cases to be handled under urgent procedures. It additionally provides the possibility of publishing court judgments in the media as a form of redress. The Croatian Ombudswoman, as well as third-party interveners, may also participate in proceedings, with interveners now required to demonstrate only a legitimate interest rather than a legal interest.
Speaking to the Croatian Journalists’ Association (CJA), lawyer Vanja Jurić identified three major shortcomings of the new legislation and explained why, in her view, it will not fully protect journalists.
“There are still a number of problems that I believe will very quickly become apparent in practice. The first is that the proposed law does not cover criminal proceedings, even though they often serve exactly the same purpose as any other type of malicious legal action,” Jurić said.
She identified a second problem in the absence of clear procedural deadlines for courts to schedule hearings, conduct proceedings and deliver judgments.
“This is particularly important because malicious claimants rely on the length and delay of court proceedings in order to keep victims under pressure for as long as possible and expose them to significant financial costs,” she explained.
The third major concern, according to Jurić, is that victims of SLAPP lawsuits are not granted the right to bring separate compensation claims against abusive litigants.
“This is one of the mechanisms explicitly provided for in the Directive, so it is unclear why it was omitted from the Croatian legislation. There is absolutely no objective legal obstacle to introducing any of these measures into our legal system. On the contrary, most of them are already envisaged by the Directive itself. That is why we must continue advocating for the highest possible level of protection for everyone involved in informing the public about issues of public importance,” Jurić concluded.
Alongside the Anti-SLAPP Act, Parliament unanimously adopted several other pieces of legislation.
The Real Estate Brokerage Act prohibits estate agents from charging commission to both parties beyond prescribed limits and bans making property viewings conditional on signing brokerage agreements. It also limits commission fees so that brokers may charge each party, buyer and seller, no more than 50 percent of the total fee specified in the brokerage agreement. Agencies must employ at least one full-time licensed agent and must conclude a written brokerage agreement before publicly advertising a property, putting an end to the practice of advertising properties without the owner’s knowledge.
Parliament also unanimously approved amendments to the Civil Obligations Act, implementing two European directives on defective products and the promotion of repairs. Manufacturers and retailers will now be required to offer consumers the option of repairing certain products and, where appropriate, provide replacement products during the repair period. Liability for defective products has also been extended to include software and artificial intelligence systems.
With 115 votes in favour and one abstention, Parliament adopted amendments to the Consumer Bankruptcy Act, transferring consumer insolvency proceedings from municipal courts to commercial courts in an effort to reduce caseloads and accelerate proceedings.
Parliament also passed the Act on Veterinary Medicinal Products and Veterinary Medical Devices, harmonising Croatian legislation with EU rules. The law regulates the approval, manufacture, import, export and distribution of veterinary medicines, strengthens quality control and clinical testing procedures, introduces stricter rules on the use of antibiotics, and requires mandatory electronic records and reporting of antibiotic use in animals. Online sales of antibiotics and prescription veterinary medicines are prohibited, while marketing authorisations for veterinary medicines will generally be granted for an unlimited period unless additional safety concerns arise. The Croatian Veterinary Institute has been designated as the competent authority.
Finally, with 115 votes in favour and two abstentions, Parliament adopted amendments to the Official Statistics Act, also aimed at harmonisation with European legislation. The amendments regulate the production of official statistics during emergencies and crisis situations to ensure that the state continues to have access to reliable statistical data when making public policy decisions. Producers of official statistics will be entitled to access data held by private entities without charge where such data are necessary for official statistical purposes and cannot reasonably be obtained otherwise, or where their reuse significantly reduces the reporting burden. The amendments also regulate the exchange of non-confidential statistical data among public authorities and introduce financial penalties for private data holders who refuse access or provide inaccurate or incomplete information.