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Several translations of the EU JudgeCo Principles and Guidelines available

The EU Cross-Border Insolvency Court-to-Court Cooperation Principles (‘EU JudgeCo Principles’) will be familiar for many of the readers of the TRI newsletter. As of 26 June 2017, in the EU (with the recast of the Insolvency Regulation) judicial cooperation and communication will be a cornerstone in the efficient and effective administration of insolvency cases.

 

The 26 EU JudgeCo Princples and 18 EU JudgeCo Guidelines

The EU JudgeCo Principles serve as a practical tool. They include for example principles on their non-binding status and their objectives, case management of courts and the equal treatment of creditors and principles about the judicial decisions itself, on its reasoning and for instance on providing a stay or moratorium.The 26 EU JudgeCo Principles are accompanied by 18 EU Cross-Border Insolvency Court-to-Court Communications Guidelines (‘EU JudgeCo Guidelines’), a set of very practical guidelines to facilitate communications in individual cross-border cases.

The EU JudgeCo Principles and Guidelines will strengthen efficient and effective communication between courts in EU Member States in insolvency cases with cross-border effects. They have been produced by a team of scholars of Leiden Law School and Nottingham Law School in a period of two years (2013-2014) in collaboration with some fifty experts, including 25 judges representing just as many different countries. The EU JudgeCo Principles and Guidelines were finalised in February 2015 and in September 2015 the book on the subject was presented to Michael Shotter, then Head of the Civil Justice Policy Unit, DG Justice and Consumers of the European Commission. See also: www.eujudgeco.eu.

Translations in several national languages

The JudgeCo Principles and Guidelines have been written in English but it is rewarding to see that they have inspired others to distribute and/or translate them, in France and in Spain, and also in Hungarian (by Supreme Court Judge Andrea Csőke) and in German (by Helmut Zipperer, see ZIP 13/2017).  The EU JudgeCo Principles and Guidelines will significantly contribute to the architecture of European insolvency law and an efficient and trustworthy role of courts therein. Translations in domestic languages will certainly assist domestic judges to fully understand their duties under the new Insolvency Regulation.

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