News overview

Final Public Draft JudgeCo Project

Following a successful round of public consultation the Final Public Draft of what is called the ‘EU Cross-Border Insolvency Court-to-Court Cooperation Principles and Guidelines’ (‘JudgeCo Project’) has been prepared. Comments from academia, judges and practitioners have been very valuable. The Final Public Draft is open for comments, this draft will also be used during the upcoming training sessions for European judges that will take place between October and December 2014.

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Reviewing the Principles and Guidelines

Click here to download the Final Public Draft of the PRINCIPLES

Click here to download the Final Public Draft of the GUIDELINES

We welcome all comments by 15 October 2014 at judgeco@law.leidenuniv.nl.


Background of the project

The creation of the ‘EU Cross-Border Insolvency Court-to-Court Cooperation Principles and Guidelines’ is part of a larger EU initiative called ‘European Cross-Border Insolvency: Promoting Judicial Cooperation’. The non-binding principles and guidelines have been developed for application in cross-border communications and cooperation in insolvency cases between courts within the European Union. The project, jointly developed by Leiden Law School and Nottingham Law School, is funded by the European Commission and the International Insolvency Institute (III). Professors Bob Wessels (Leiden) and Paul Omar (Nottingham) act as reporters for the JudgeCo Project.

The Principles and Guidelines project (‘JudgeCo project’) has analysed developments in judicial cooperation in insolvency principles in general and, specifically, in court-to-court communication and coordination matters. The need for the results of the project within the context of the European Union is clear: the December 2012 proposal of the European Commission for an amendment of the Insolvency Regulation, emphasising court-to-court cooperation, calls for a more concrete approach to judicial cross-border cooperation. The JudgeCo project started in early 2013. Professor Bob Wessels of the Leiden Law School served as the principle drafter. Based on extensive discussion and analysis, now, in July 2014, a Final Public Draft of the Principles and Guidelines has been prepared in close cooperation with a Review and Advisory Group of some forty insolvency experts, including twenty judges from across Europe.

Training sessions

As of October 2014 training sessions will take place in several cities across Europe, such as Amsterdam and Warsaw and two or three other cities, still to be decided. Judges deciding on matters of insolvency are offered the chance to participate in a two-day interactive training. These training sessions enable judges to test the EU Cross-Border Insolvency Court-to-Court Cooperation Principles and Guidelines and provide comments as to their usefulness in practice. Also, it allows judges to enlarge their European network and to discuss other pending issues with colleagues. Once accepted as participant, travel and accommodation costs are covered by the project.

Interested judges can express their interest by e-mail at: judgeco@law.leidenuniv.nl, or click here for more information.

Click here to read more on the JudgeCo Project.

 

Co-funded by the
Civil Justice Programme
of the European Union
 

Co-funded by the
International Insolvency Institute

 

 

 

 

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