European cross-border insolvency regulation : a critical appraisal of Council Regulation 1346 2000 on insolvency proceedings in the light of a paradigm of cooperation and a Comitas Europaea
Title: European cross-border insolvency regulation : a critical appraisal of Council Regulation 1346 2000 on insolvency proceedings in the light of a paradigm of cooperation and a Comitas Europaea
Author: ISRAEL, Jona
Citation: Florence, European University Institute, 2004
Series/Report no.: EUI PhD theses; Department of Law
This dissertation presents a comprehensive analysis of the regulation of cross-border insolvencies in Europe. Council Regulation 1346/2000 on Insolvency Proceedings forms the natural focal point of such a study. However, while this book explores in detail the background, legal basis as well as the substance of the Regulation, it also contains an examination of the Regulation from two wider perspectives: that of international cross-border insolvency regulation and Community law. The approach adopted by the Regulation to the problems raised by cross-border insolvency forms part of a paradigmatic shift at the global level. The ‘struggle over jurisdiction’ - the natural state of affairs under the old principles of ‘universality & territoriality’ – is increasingly being replaced by co-operation between the jurisdictions involved. The Regulation must be understood against the backdrop of these new cooperative approaches, including the UNCITRAL Model Law and ancillary proceedings. Doing so, this dissertation argues that the co-operative framework of the Regulation is limited and may ultimately not suffice to realise the efficient and effective cross-border proceedings it is aiming for. Although the Regulation is an exponent of this global shift towards cooperation, the legal context in which it operates is nevertheless very different. Community law, as an autonomous legal order, has limited the private international law autonomy of Member States and generated a comitas Europaea. This dissertation argues that Community law and its comitas must be taken seriously. They are an important source of principles to guide courts in the interpretation and application of the Regulation and may reinforce and expand the co-operative mechanisms of the Regulation.
LC Subject Heading: Corporation law -- European Union countries; Conflict of laws -- Bankruptcy -- European Union countries; Bankruptcy -- European Union countries
Defence date: 30 August 2004; Examining board: Prof. Christian Joerges (supervisor), European University Institute ; Prof. Ian F. Fletcher, University College London ; Prof. Marie-Ange Moreau, European University Institute ; Prof. Peter von Wilmowsky, University of Erfurt
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