JCOERE’s perspective on European integration and the scope of mutual trust and cooperation between courts: testing fairness

Lynch Fannon, Irene; Gant, Jennifer L. L.

JCOERE’s perspective on European integration and the scope of mutual trust and cooperation between courts: testing fairness

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JCOERE_Perspective_on_European_Integration_and_the_Scope_of_Mutual_Trust_and.pdf(592.97 KB)

Published version

Date

2020-12-04

Authors

Lynch Fannon, Irene

Gant, Jennifer L. L.

Publisher

British Association of Comparative Law

Abstract

In 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.

Keywords

JCOERE project , EU law , Judicial cooperation , Preventive Restructuring Directive , Insolvency

Citation

Lynch Fannon, I. and Gant, J. L. L. (2020) 'JCOERE's Perspective on European Integration and the Scope of Mutual Trust and Cooperation between Courts: Testing Fairness', British Association of Comparative Law Blog, 04 December 2020, Available at: https://british-association-comparative-law.org/2020/12/04/jcoeres-perspective-on-european-integration-and-the-scope-of-mutual-trust-and-cooperation-between-courts-testing-fairness/