JudgeCo: Public Draft of Principles and Guidelines
Welcoming observations, comments and criticism before the end of April 2014
The Reporters welcome comments on the draft Principles and Guidelines for this first public consultation. Over the past few months the Reporters, with great help of the Review & Advisory Group, have prepared to documents. In these documents, the EU Cross-Border Insolvency Court-to-Court Cooperation Principles and Guidelines are presented in the form of a First Public Draft. The Principles are 26 in number, contained in a document of (at present) some 65 pages. The Guidelines contain 18 Guidelines; in all, a document of some 25 pages. We look forward to any observations, comments and criticism from interested organisations and professionals.
Reviewing the Principles and Guidelines
Visit the publications page to download the First Public Draft of the JudgeCo Principles and Guidelines.
Please send your comments on the First Public Draft by 30 April 2014 to firstname.lastname@example.org.
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 the University of Leiden, Leiden Law School, and the Nottingham Law School, is funded by the European Commission and the International Insolvency Institute (III).
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. In its first nine months, a draft text setting out the EU Cross-Border Insolvency Court-to-Court Cooperation Principles and Guidelines was drafted, based on the results of two surveys which were sent out to a representative Review & Advisory Group of over forty experts – insolvency judges, senior insolvency court representatives, insolvency lawyers/trustees/practitioners and academics – located in the majority of EU Member States and some five non-EU jurisdictions. Based on further analysis and discussion between October 2013 and March 2014, three successive draft-texts have been reviewed by the Review & Advisory Group. Professor Bob Wessels of the Leiden Law School served as the principle drafter. Now, in March 2014, the EU Cross-Border Insolvency Court-to-Court Cooperation Principles and Guidelines are presented in the form of a first public draft.
This first public draft is presented to the general public, welcoming any observations, comments or criticism to its text. We welcome observations and comments before the end of April 2014. Taking into account these comments, we aim to deliver a Final Public Draft of the JudgeCo Principles and the JudgeCo Guidelines by the end of May 2014.
The last stage in the JudgeCo project, that runs till the end of 2014, focuses on a one and a half day training for around 60 judges, organised by Professor Paul Omar (Nottingham Law School) with the assistance of two Leiden Law School lecturers. Judges, working in all member states in Europe, will be invited to express their interest to follow the training sessions (three such sessions will take place in three different locations within Europe from about September to December 2014), the costs of which are for a large part covered by the available budget.
Co-funded by the
Civil Justice Programme
of the European Union
Co-funded by the
International Insolvency Institute