Public Policy under the Brussels Regime: Opportunities for the Protection of Freedom of Expression at the EU level

• Jurisdiction: European Union
• Year: 2025

Speaker

Zuzanna Nowicka is a lawyer at the Helsinki Foundation for Human Rights in the Freedom of Speech Programme, where she focuses on promoting and defending free expression and human rights. Her work emphasizes strategic litigation, particularly concerning EU law and logic in human rights contexts.

Before joining the Helsinki Foundation, Zuzanna interned at the European Court of Justice in the Office of the First Advocate General, where she gained invaluable insights into EU judicial processes. She also taught logic at the law faculty of the University of Warsaw, equipping future legal professionals with essential analytical skills.

Zuzanna is currently pursuing a PhD at the Doctoral School in the Social Sciences, where she deepens her research into the intersection of strategic litigation and human rights. She is also the host of the “Lex Publica” podcast, a platform that explores current legal issues and features interviews with leading Polish lawyers, further contributing to public legal education and discourse.

Topic

In this EU presentation, Zuzanna Nowicka explores the intersection of freedom of expression and the public policy clause within the Brussels I bis Regulation. The presentation focuses on how damages can create a chilling effect on free speech, where individuals or journalists refrain from expressing themselves due to fear of legal repercussions—even when claims are unfounded or procedurally excessive. She highlights how such legal actions, often referred to as SLAPPs (Strategic Lawsuits Against Public Participation), are designed to silence public debate and erode democratic dialogue.

Nowicka illustrates her argument with the Real Madrid v. Le Monde case, demonstrating how a Spanish judgment imposing high damages against Le Monde conflicted with French public policy, leading to its refusal of recognition in France. She discusses the role of Article 45 of the Brussels I bis Regulation, which allows a Member...