News overview

JudgeCo update 1: Promoting and harmonizing cross-border judicial cooperation

The “EU Cross-Border Insolvency Court-to-Court Cooperation Guidelines” (JudgeCo-project) are part of a larger EU initiative called “European Cross-border Insolvency: Promoting Judicial Cooperation”. The non-binding guidelines will be developed for application in cross-border communication and cooperation in insolvency cases between courts within the European Union.

The Guidelines will further research and developments on judicial cooperation in insolvency principles in general and, specifically, in court-to-court communication and coordination matters. The need for this development 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 project will be carried out in gradual stages. The first—and current— workstream (January 2013-September 2013) focusses on developing a draft text of EU Cross-Border Insolvency Court-to-Court Cooperation Guidelines. Two sur-veys have been developed and sent out to a representative group of experts – insolvency judges, senior insolvency court representatives, insolvency lawyers / trustees / practitioners, academics – located in the majority of EU Member States and some five non-EU jurisdictions. Based on further analysis and discussion the draft-Guidelines will be reviewed by a Review & Advisory Group, after which the Guidelines – in the form of a first public draft – are to be presented to the general public. We expect this to happen early 2014.

 

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

Co-funded by the
International Insolvency Institute

 

 

 

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