Pre-Pack Proceeding - A Hybrid and Derogatory Safeguard Tool. Member States’ Future Obligation of Integrating a New Mechanism in Their National Insolvency Law

Corina Georgiana Cioroiu () and Daniel Lipara ()
Additional contact information
Corina Georgiana Cioroiu: “Ovidius” University of Constanta, Faculty of Economic Sciences, Romania
Daniel Lipara: “Ovidius” University of Constanta, Faculty of Economic Sciences, Romania

Ovidius University Annals, Economic Sciences Series, 2023, vol. XXIII, issue 1, 304-310

Abstract: Harmonizing Member States’ insolvency frameworks has been a goal for the European Union for the past years, dating back to 2016, when the European Commission issued a Proposal for a Directive on preventive restructuring frameworks, second chance and measures to increase the efficiency of restructuring, insolvency, and discharge proceedings [COM (2016) 723 final], based on the Commission's Recommendation regarding a new approach to business failure and insolvency [C(2014) 1500 final]. This led to the Directive (EU) 2019/1023 on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency, and discharge of debt, and amending Directive (EU) 2017/1132. One key topic addressed by the “Directive proposal” [COM(2022) 702 final] is the “pre-pack proceeding”, meant to offer an efficient alternative for safeguarding businesses. Underlining the achievements of this Directive proposal by regulating pre-packed administrative proceedings is our scope in this paper

Keywords: liquidation; insolvency; pre-pack proceedings; safeguard; reorganization (search for similar items in EconPapers)
JEL-codes: K29 (search for similar items in EconPapers)
Date: 2023
References: View complete reference list from CitEc
Citations:

Downloads: (external link)
https://stec.univ-ovidius.ro/html/anale/RO/2023-i1/Section%203/8.pdf (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:ovi:oviste:v:xxiii:y:2023:i:1:p:304-310

Access Statistics for this article

Ovidius University Annals, Economic Sciences Series is currently edited by Spatariu Cerasela

More articles in Ovidius University Annals, Economic Sciences Series from Ovidius University of Constantza, Faculty of Economic Sciences Contact information at EDIRC.
Bibliographic data for series maintained by Gheorghiu Gabriela ().