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Harmonising Insolvency Laws in the Euro Area: Rationale, stocktaking and challenges

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  • Valiante, Diego

Abstract

There are four distinct areas where harmonising national insolvency frameworks could improve the functioning of the single market and the stability of the euro area. Early restructuring of businesses, bank resolution, cross-border insolvency and management of non-performing loans rely on common features of local insolvency frameworks, which can affect their legal certainty and operation. To promote a more entrepreneurial spirit, a pan-European framework for the early restructuring of businesses 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 are not sufficiently dealt with in the current EU framework. Moreover, measures to harmonise insolvency laws could have positive impacts on the banking union, and particularly those harmonising the hierarchies of claims could strengthen the functioning of the resolution mechanism. The diffusion of best practices in credit recovery procedures could help to improve the management of non-performing loans by fostering liquidity in secondary markets. In addition, this report contributes to defining areas for further action, such as the opening and governance of proceedings and reliefs.

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  • Valiante, Diego, 2016. "Harmonising Insolvency Laws in the Euro Area: Rationale, stocktaking and challenges," CEPS Papers 12024, Centre for European Policy Studies.
    • Handle: RePEc:eps:cepswp:12024
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    References listed on IDEAS

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    1. Shleifer, Andrei & Vishny, Robert W, 1992. "Liquidation Values and Debt Capacity: A Market Equilibrium Approach," Journal of Finance, American Finance Association, vol. 47(4), pages 1343-1366, September.
    2. John Armour, 2001. "The Law and Economics of Corporate Insolvency: A Review," Working Papers wp197, Centre for Business Research, University of Cambridge.
    3. Djankov, Simeon & La Porta, Rafael & Lopez-de-Silanes, Florencio & Shleifer, Andrei, 2008. "The law and economics of self-dealing," Journal of Financial Economics, Elsevier, vol. 88(3), pages 430-465, June.
    4. Jean-Charles Bricongne & Maria Demertzis & Peter Pontuch & Alessandro Turrini, 2016. "Macroeconomic Relevance of Insolvency Frameworks in a High-debt Context: An EU Perspective," European Economy - Discussion Papers 032, Directorate General Economic and Financial Affairs (DG ECFIN), European Commission.
    5. Simeon Djankov & Oliver Hart & Caralee McLiesh & Andrei Shleifer, 2008. "Debt Enforcement around the World," Journal of Political Economy, University of Chicago Press, vol. 116(6), pages 1105-1149, December.
    6. World Bank, 2015. "Principles for Effective Insolvency and Creditor/Debtor Regimes, Revised 2015," World Bank Publications - Reports 23356, The World Bank Group.
    7. Mihaela Carpus Carcea & Daria Ciriaci & Dimitri Lorenzani & Peter Pontuch & Carlos Cuerpo, 2015. "The Economic Impact of Rescue and Recovery Frameworks in the EU," European Economy - Discussion Papers 004, Directorate General Economic and Financial Affairs (DG ECFIN), European Commission.
    8. Jose M. Garrido, 2012. "Out-of-Court Debt Restructuring," World Bank Publications - Books, The World Bank Group, number 2230, December.
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    Cited by:

    1. Gopalakrishnan, Balagopal & Mohapatra, Sanket, 2020. "Insolvency regimes and firms' default risk under economic uncertainty and shocks," Economic Modelling, Elsevier, vol. 91(C), pages 180-197.
    2. Festić Mejra, 2019. "International Environment: Recovery and Resolution Regimes as the Pillar of the Banking Union," Naše gospodarstvo/Our economy, Sciendo, vol. 65(2), pages 30-40, June.

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