JCOERE’s Perspective on European Integration and the Scope of Mutual Trust and Cooperation between Courts: Testing Fairness

British Association of Comparative Law Blog 2020

4 Pages Posted: 5 Jun 2021

See all articles by Jennifer L. Gant

Jennifer L. Gant

University of Derby - School of Law and Criminology; Singapore Global Restructuring Initiative; University College Cork School of Law

Irene Lynch Fannon

University College Cork - School of Law

Date Written: December 4, 2020

Abstract

The PRD has introduced a number of concepts that are new and untested throughout much of the EU. While the concepts themselves are not unfamiliar, many of the new provisions have created a field of controversy and debate among academics, practitioners, and policy makers as legislators begin to work toward implementation of the Directive. The PRD has created fertile ground for these debates because there are so many alternatives available within the legislative framework. Consequently, implementing legislation may generate different variations on the approach to corporate rescue and is not expected to yield a harmonised European approach to preventive restructuring. These differences may also create obstacles, both substantive and procedural in nature, to the coordination of cross-border preventive restructuring procedures among Member State courts. It is in this issue of court-to-court cooperation (enhanced under the EIR Recast), which has been the focus of the JCOERE Project. Among the many issues that arise in the context of restructuring, the assessment of restructuring plan fairness has been a key area of conflict.

Keywords: judicial cooperation; judicial culture; legal culture; preventive restructuring; corporate rescue; insolvency law; comparative law; Preventive Restructuring Directive; rescue culture

JEL Classification: G3, K4

Suggested Citation

Gant, Jennifer and Lynch Fannon, Irene, JCOERE’s Perspective on European Integration and the Scope of Mutual Trust and Cooperation between Courts: Testing Fairness (December 4, 2020). British Association of Comparative Law Blog 2020 , Available at SSRN: https://ssrn.com/abstract=3855395

Jennifer Gant (Contact Author)

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

Kedleston Road
Derby, Derbyshire DE22 1GB
United Kingdom

Singapore Global Restructuring Initiative ( email )

Li Ka Shing Library
70 Stamford Road
Singapore 178901, 178899
Singapore

University College Cork School of Law ( email )

College Road
Cork, County Cork
Ireland
07787377158 (Phone)

Irene Lynch Fannon

University College Cork - School of Law ( email )

College Road
Cork, Cork T12 CC79
Ireland

HOME PAGE: http://research.ucc.ie/profiles/B012/ilynchfannon

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