Law - Judicial Co-operation in Economic Recovery (JCOERE) Project
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Item JCOERE’s perspective on European integration and the scope of mutual trust and cooperation between courts: testing fairness(British Association of Comparative Law, 2020-12-04) Lynch Fannon, Irene; Gant, Jennifer L. L.; European CommissionIn this blog post, Professor Irene Lynch Fannon and Dr Jennifer LL Gant discuss key elements of the JCOERE project research relating to European Integration and judicial cooperation. It provides an insight into some of the research questions which have been considered in the second project Report, namely that factors such as mutual trust and European integration are intrinsically linked to achieving effective cooperation amongst courts. The blog post considers a particular area of conflict which has arisen in preventive restructuring cases across the EU: the assessment of restructuring plan fairness. It considers the varied approaches to testing fairness which exist in common law and civil law jurisdictions, and discusses whether testing fairness will continue to give rise to conflict following Member State implemention of the Preventive Restructuring Directive.Item Preventive restructuring - Is Ireland a leader in the EU?(INSOL Europe, 2019-09-24) Finnerty, Aoife; Gant, Jennifer L. L.; European CommissionIn this paper, Aoife Finnerty considers a preventive restructuring process unique to Ireland, the Examinership Procedure, in light of the Preventive Restructuring Directive (PRD). The paper discusses whether Ireland is indeed a leader in European preventive restructuring given the existence of the Examinership Procedure for the past 30 years. The paper continues to consider some challenges that might arise with the implementation of the PRD, given the variance in domestic approaches to preventive restructuring pre-PRD and the expected difficulty with harmonising laws with such different starting positions.Item JCOERE - Judicial Cooperation in the European Union: Insolvency and Rescue(INSOL Europe, 2019-09-24) Lynch Fannon, Irene; Gant, Jennifer L. L.; Gant, Jennifer L. L.; European CommissionIn this conference paper, the JCOERE project consider some implications connected to the Preventive Restructuring Directive and the cooperation obligations under the EIR Recast against the backdrop of emerging European debates. The paper then goes on to consider how the PRD reflects a range of preventive restructuring processes that already exist in the EU with a particular focus on the Irish Examinership process.Item JCOERE Consortium. Report 2: Report on Judicial Co-operation in Preventive Restructuring and Insolvency in the EU – Substantive and procedural harmonisation, judicial practice and guidelines(JCOERE Project, University College Cork, 2020) JCOERE Consortium; Lynch Fannon, Irene; Gant, Jennifer L. L.; Finnerty, Aoife; European CommissionThe second JCOERE Report analyses the co-operation obligations arising from the EIR Recast, which are imposed on courts and practitioners in EU Member States to co-operate in cross-border insolvency and restructuring matters. This Report undertakes a benchmarking of judicial utilisation and awareness of best practice guidelines for co-operation in cross-border insolvency and preventive restructuring cases that have been adopted by European and international organisations. Report 2 also considers broader questions, such as differences in judicial culture across the EU Member States, how this impacts mutual trust and effective cooperation, and how the obligations and broader initiatives concerning judicial co-operation are fundamental to the question of European integration and harmonisation. A comparative analysis of judicial co-operation in another federalised jurisdiction has also been undertaken in this report, between the European Union and the United States.Item Judicial Co-Operation in Economic Recovery (JCOERE)(INSOL Europe, 2019-01) Lynch Fannon, Irene; Gant, Jennifer L. L.; European CommissionIrene Lynch Fannon and Jennifer L. L. Gant provide an update on INSOL Europe’s involvement in the new EU-funded project.