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This paper discusses from a legal perspective how, over the past years, the SRB has performed against the main goals it was supposed to accomplish, in light of the decisions taken so far (looking backwards) and points to some of the challenges ahead (looking forward). These include inconsistencies in the implementation of the BRRD/SRMR regime, in particular with regard to the ‘dichotomy’ between liquidation and resolution, the resulting fragmentation along national lines, the interpretation of the ...

In 2012, the Commission proposed to recast the 2000 Insolvency Regulation in order to address the cross-border aspects of insolvency in the EU. Adopted in 2015, the recast regulation introduced clear rules on the jurisdiction and law applicable to a debtor's insolvency proceedings and made mandatory the recognition of those proceedings in other EU Member States. Its remit was expanded to include not only bankruptcy but also hybrid and pre-insolvency proceedings, as well as debt discharges and debt ...

This paper defines critical banking functions and considers whether there is a need for further legal/regulatory clarification if liquidation is the default option for failing banks. We rely on EU law and soft law principles (FSB) bearing in mind that ‘liquidation’ is at times a loosely defined concept. Despite efforts to agree upon a set of qualitative and quantitative criteria to assess the critical nature, or lack thereof, of relevant functions we argue that simplification is needed. Given the ...

The introduction of a bank resolution framework for EU banks has created the need for clear legal definitions of the main elements in resolution. This paper assesses one of these elements, namely “critical functions”, which encompasses the activities of a bank that are of significant importance for the real economy. The assessment of the regulation and implementation shows that there is room for sharpening the definition and equal application across all banks. It is questionable, however, whether ...

The ECSC Treaty, which was concluded for a period of 50 years from its entry into force, expired on 23 July 2002. Accordingly, in the run-up to its expiry, and in view of the benefits which the coal and steel sectors derived from the ECSC research and technological development programmes, the European Council, in the resolution on growth and employment which it adopted in Amsterdam on 16 and 17 June 1997, determined that revenues from reserves outstanding at the expiry of the Treaty should be used ...

This briefing focusses on the failure of two Italian banks, Veneto Banca and Banca Popolare di Vicenza (hereunder “the Veneto banks”), and their subsequent liquidation through a special insolvency procedure under Italian law.

This Commission impact assessment is based on a wealth of information drawing from both research and consultation. Research quoted spans the last decade and encompasses international organisation, academic and think tank work. The consultation performed by the Commission has been essential to prioritising the issues to be further harmonised and in choosing the detailed sub-options. Among the strengths of the IA, there is a genuine attempt to comply as much as possible with the Commission Better Regulation ...

This study was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the JURI Committee. It looks at the effects the recent Commission proposal might have both on micro and small and medium-sized enterprise, thus reflecting the diversity of SMEs. It identifies and explains the issues at stake of concerned SMEs related to their capacity as both debtors and creditors.

A SECOND CHANCE FOR ENTREPRENEURS

Glaustai 20-03-2017

There are still several Member States where a business cannot be restructured before it is insolvent. Important discrepancies have remained as to the duration of the discharge period. Such differences in Member States' legal frameworks mean continuing legal uncertainty. The proposal aims to reduce barriers to cross-border investment related to differences between the Member States' restructuring and second chance frameworks, and to increase investment and job opportunities in the single market. ...

There are four distinct areas where harmonising national insolvency frameworks can improve the functioning of the single market and the stability of the Euro area. Early restructuring of businesses, bank resolution, cross-border insolvency and NPL management rely on common features of local insolvency frameworks, which can affect their legal certainty and functioning. To promote a more entrepreneurial spirit, a pan-European framework for early restructuring of business could offer a true second chance ...