European Preventive Restructuring
An Article-by-Article Commentary
Published on 8. April 2021
Book
Hardback
512 pages
978-1-5099-3881-0 (ISBN)
Description
The European Directive (Directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 2020 on preventive restructuring frameworks, on discharge of debts and disqualification, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt) has to be transposed into national legislation by 26 June 2021.
The main features of the Directive are:
- the obligatory making available of early warning systems;
- the obligatory creation of an insolvency avoidance mechanism;
- the determination of certain insolvency related officers' duties;
- the uniformisation of discharge rules among member states; and
- measures to increase the national insolvency laws' efficiency
In this book a team of European-wide recognised, experienced insolvency law experts, some of whom had been involved in the drafting process of the Directive, analyse the Directive. The authors focus not only on the officials tasked in the national surroundings with drafting the national statutes but also on the wider implications which, one way or the other, will be national law. The commentary, thus, serves also the purposes of practitioners and judges in the field of restructuring.
The main features of the Directive are:
- the obligatory making available of early warning systems;
- the obligatory creation of an insolvency avoidance mechanism;
- the determination of certain insolvency related officers' duties;
- the uniformisation of discharge rules among member states; and
- measures to increase the national insolvency laws' efficiency
In this book a team of European-wide recognised, experienced insolvency law experts, some of whom had been involved in the drafting process of the Directive, analyse the Directive. The authors focus not only on the officials tasked in the national surroundings with drafting the national statutes but also on the wider implications which, one way or the other, will be national law. The commentary, thus, serves also the purposes of practitioners and judges in the field of restructuring.
Reviews / Votes
The book is highly recommended as it represents an essential tool for researchers, academics and judges, as well as professionals and law-makers. -- Eugenio Vaccari * Journal of International Banking Law and Regulation *More details
Product info
Hardback
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
Product notice
sewn/stitched
Cloth over boards
With dust jacket
Dimensions
Height: 248 mm
Width: 173 mm
Thickness: 27 mm
Weight
808 gr
ISBN-13
978-1-5099-3881-0 (9781509938810)
Schweitzer Classification
Other editions
Additional editions
Christoph G Paulus / Reinhard Dammann
European Preventive Restructuring
Article-by-Article Commentary | Directive (EU) 2019/1023
Book
01/2021
1st Edition
C.H.BECK
€180.00
Shipment within 5-7 days
Persons
Christoph G. Paulus is Of Counsel with White & Case, Berlin, Germany.
Reinhard Dammann is Professeur affilie a l'Ecole de droit de Science Po and attorney in Paris, France.
Reinhard Dammann is Professeur affilie a l'Ecole de droit de Science Po and attorney in Paris, France.
Content
The Crisis of Confidence in Legislation: an Overview
Maria De Benedetto
Confidence in Legislation as a Regulatory and Public Law
Problem
Antiparliamentary Thought and Crisis of Confidence in Legislation. A Historical Approach
José Esteve Pardo
Confidence in Legislation as a Regulatory (and Administrative) Problem
Ulrich Karpen
Legislation as a Tool for Trust and Confidence in the European Union
Helen Xanthaki
Improving Confidence in Legislation via Better Regulation Tools
The Trustworthiness Test for Regulatory Impact Assessment and Judicial Review
Claudio M. Radaelli and Gaia Taffoni
Effective Consultation as a Tool for Trust
Nicoletta Rangone
Improving Confidence in Legislation via Better Regulation Tools: the Strategic Role of Parliaments
Elena Griglio
Opening and Improving Policy Development to Increase Public Trust: Transparency of Evidence-based Regulation in the Debate on EU Better Regulation Agenda
Egle Basyte Ferrari, Eckehard Rosenbaum, Giulia Listorti, Nicole Ostlaender
Responsibility of Parliaments in Improving Confidence in Legislation
Confidence or Diffidence in Law-Making? The Evolution of the "Normative Role" of the Italian Government
Nicola Lupo
How Can Parliaments Help Improve Citizens' Confidence in Legislation?
Giovanni Rizzoni
The Duty of Parliament to Adopt Reliable Legislation: Linking Trust in Parliament with Legitimate Expectations
Patricia Popelier
The Responsibility of the European Legislator and of the National Parliaments for Improving Relations between European Citizens and EU Institutions
Manuela Guggeis
Confidence in Legislation and Enforcement
Trust as a Cornerstone of Enacted Law
Wim Voermans
Regulation, Regulatory Delivery, Trust and Distrust: Avoiding Vicious Circles
Florentin Blanc
CONCLUSION
Law as Scapegoat
Cary Coglianese
Maria De Benedetto
Confidence in Legislation as a Regulatory and Public Law
Problem
Antiparliamentary Thought and Crisis of Confidence in Legislation. A Historical Approach
José Esteve Pardo
Confidence in Legislation as a Regulatory (and Administrative) Problem
Ulrich Karpen
Legislation as a Tool for Trust and Confidence in the European Union
Helen Xanthaki
Improving Confidence in Legislation via Better Regulation Tools
The Trustworthiness Test for Regulatory Impact Assessment and Judicial Review
Claudio M. Radaelli and Gaia Taffoni
Effective Consultation as a Tool for Trust
Nicoletta Rangone
Improving Confidence in Legislation via Better Regulation Tools: the Strategic Role of Parliaments
Elena Griglio
Opening and Improving Policy Development to Increase Public Trust: Transparency of Evidence-based Regulation in the Debate on EU Better Regulation Agenda
Egle Basyte Ferrari, Eckehard Rosenbaum, Giulia Listorti, Nicole Ostlaender
Responsibility of Parliaments in Improving Confidence in Legislation
Confidence or Diffidence in Law-Making? The Evolution of the "Normative Role" of the Italian Government
Nicola Lupo
How Can Parliaments Help Improve Citizens' Confidence in Legislation?
Giovanni Rizzoni
The Duty of Parliament to Adopt Reliable Legislation: Linking Trust in Parliament with Legitimate Expectations
Patricia Popelier
The Responsibility of the European Legislator and of the National Parliaments for Improving Relations between European Citizens and EU Institutions
Manuela Guggeis
Confidence in Legislation and Enforcement
Trust as a Cornerstone of Enacted Law
Wim Voermans
Regulation, Regulatory Delivery, Trust and Distrust: Avoiding Vicious Circles
Florentin Blanc
CONCLUSION
Law as Scapegoat
Cary Coglianese