The Limits and Logic of the EU Harmonisation Process in the Wake of the COVID-19 Pandemic

Emilie Ghio et al., "The limits and logic of the EU harmonisation process in the wake of the Covid-19 pandemic" (2020) Eurofenix 80.

2 Pages Posted: 10 Sep 2020

See all articles by Emilie Ghio

Emilie Ghio

University of Edinburgh

Gert-Jan Boon

Leiden University - Leiden Law School

David Christoph Emke

Independent

Jennifer L. Gant

University of Derby - School of Law and Criminology

Line Langkjaer

Aarhus University – Aarhus BSS, Department of Law

Eugenio Vaccari

University of Essex - School of Law

Date Written: May 11, 2020

Abstract

Harmonisation of insolvency laws has been a the top of the EU institutions' agenda for the last decade. This frenzy precipitated in the aftermath of the Global Financial Crisis. European institutions have been prolific in creating a comprehensive EU-wide framework. These efforts culminated with the recast European Insolvency Regulation (2015) and the Preventive Restructuring Directive (2019). The sweeping nature and devastating effects of the Covid-19 pandemic, however, have put both the pre-insolvency craze and harmonisation momentum to a halt. Member States reacted by implementing piece-meal laws to control the economically and financially destructive effects of the pandemic. The Younger Academic Network of Insolvency Law (YANIL) board discusses national responses to the COVID-19 crisis from six European countries - Denmark, France, Germany, Italy, the Netherlands and the United Kingdom - to determine if the logic of harmonisation remains compelling.

Keywords: Insolvency law; restructuring; harmonisation; COVID-19

Suggested Citation

Ghio, Emilie and Boon, Gert-Jan and Emke, David Christoph and Gant, Jennifer and Langkjaer, Line and Vaccari, Eugenio, The Limits and Logic of the EU Harmonisation Process in the Wake of the COVID-19 Pandemic (May 11, 2020). Emilie Ghio et al., "The limits and logic of the EU harmonisation process in the wake of the Covid-19 pandemic" (2020) Eurofenix 80. , Available at SSRN: https://ssrn.com/abstract=3689011

Emilie Ghio (Contact Author)

University of Edinburgh ( email )

Edinburgh
Great Britain

Gert-Jan Boon

Leiden University - Leiden Law School ( email )

P.O. Box 9520
2300 RA Leiden, NL-2300RA
Netherlands

David Christoph Emke

Independent

Jennifer Gant

University of Derby - School of Law and Criminology ( email )

Kedleston Road
Derby, Derbyshire DE22 1GB
United Kingdom

Line Langkjaer

Aarhus University – Aarhus BSS, Department of Law

Bartholins Allé 16
Aarhus C, 8000
United States

Eugenio Vaccari

University of Essex - School of Law

Colchester, Essex CO43SQ
United Kingdom

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