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Harmonising insolvency laws in the Euro Area: rationale, stock-taking and challenges. What role for the Eurogroup?

Valiante, Diego, (2016), “Harmonising insolvency laws in the Euro Area: rationale, stock-taking and challenges. What role for the Eurogroup?”, European Parliament, Ιούλιος

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 for entrepreneurs. To benefit from a capital markets union, insolvency frameworks would also need to remove sources of cost unpredictability in cross-border insolvency procedures, which are often hidden in national insolvency laws or not sufficiently dealt with in the current EU framework.

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