Ross Parsons Centre, Downtown Law and Business Webinar: So It’s Just Random Then? Challenges to Judicial Co-Operation in the EU – Perspectives from the JCOERE Project

This webinar will discuss a major cross-border insolvency research project that is being undertaken by University College Cork in Ireland.

The project, JCOERE (Judicial Co-Operation supporting Economic Recovery in Europe), covers two aspects of the European Union’s strategy to address problems associated with business failure as described in the Commission’s document ‘A New Approach to Business Failure’ published in 2014:

1. Co-operation obligations imposed on all EU domestic courts and judiciary under Articles 42, 46, 57 and Recital 48 of the Recast Insolvency Regulation 2015.
2. The introduction of a preventive restructuring process in the domestic insolvency laws of all member states through the Preventive Restructuring Directive (2019/1023) which was officially published on June 20th 2019.

The interface between the co-operation obligations imposed on courts in the Regulation and the envisaged rescue procedures in the proposed Directive highlights the challenges which an effective cross-border modern insolvency system faces. In addition, current rescue frameworks as we have experienced their operation in member states such as Ireland, and the UK, often conflict with traditional insolvency law principles such as equality of treatment of creditors, transparency and predictability. The project explores the hypothesis that it will be in this conflict that issues of judicial co-operation will arise most acutely.

Chair: Professor Jason Harris, Sydney Law School

Presenters:

Professor Irene Lynch Fannon, University College Cork, Ireland

Dr Jennifer L. L. Gant , University College Cork, Ireland

Aoife Finnerty, University College Cork, Ireland

Webinar via Zoom, Wednesday 28 October, 7pm AEDT

Once you register, your confirmation will provide the Zoom details.

CPD Points: 1

This seminar is sponsored by the Ross Parsons Centre at Sydney Law School.

Image by Joshua Rawson-Harris on Unsplash.