Zoeken

In deze studie, die op verzoek van de commissie JURI in opdracht van de beleidsondersteunende afdeling Rechten van de burger en Constitutionele Zaken is uitgevoerd, wordt gekeken naar de uitdagingen en mogelijke verbeteringen van de administratieve samenwerking tussen de lidstaten op het gebied van grensoverschrijdende handhaving van administratieve boeten en verzoeken om terugvordering. Voor de bevordering van transnationale samenwerking zijn rechtsinstrumenten nodig. Ook bestaan er in de lidstaten ...

The initiative aims to harmonise certain substantive rules on insolvency proceedings across the EU. The IA examines the nature and scale of the problems and who they affect. It establishes a clear intervention logic, from the problems and their drivers to the initiative's objectives and options. The IA identifies only two options, which are cumulative. It is questionable whether such options qualify as alternative options, as required in the BRGs. This range of options is very limited, and some policy ...

On 7 December 2022, the Commission tabled a proposal for a directive aimed at enhancing and harmonising insolvency law in the EU. The proposal seeks to make it easier to recover assets from the liquidated insolvency estate; render insolvency proceedings more efficient; and ensure a predictable and fair distribution of recovered value among creditors. The directive would complement two recently adopted pieces of legislation, namely, the directive on pre-insolvency proceedings and debt discharge following ...

The assignment of a claim refers to a situation where a creditor (the assignor) transfers the right to claim a debt from the debtor to another person (the assignee) who then becomes a creditor vis-a-vis the debtor (replacing in this role the original creditor). This mechanism is used by companies to obtain liquidity and access credit. At the moment, there is no legal certainty as to which national law applies when determining who owns a claim after it has been assigned in a cross-border case. The ...

The Commission is proposing to harmonise the conflict of law rules in regard to the applicable national law applicable to third-party effects in the case of cross-border assignments of rights. This initial appraisal of the Commission’s impact assessment on the proposal observes that the impact assessment is characterised by a lack of quantitative evidence and this is acknowledged explained by the impact assessment itself. The IA, however, still seems to make a reasonable case for the proposal on ...

One of the proposals from the 2016 banking reform package, dealing with the ranking of unsecured debt instruments in insolvency hierarchy, is due to be voted during the November II plenary.

TARGET balances are the claims and liabilities of euro area national central banks (NCBs) with the ECB. TARGET balances add up to zero but the sum of the absolute value of these balances has grown substantially since 2008. The levels of TARGET balances within the Eurosystem has never been so high. In September 2017, Germany’s positive TARGET balance equalled €879 billion, which is over 25 percent of current German GDP. Luxembourg, Netherlands and Finland have also built up large claims relative ...

On 17 October 2016, Parliament's Legal Affairs Committee adopted a report on the application of the European Order for Payment procedure. The report is very critical of the Commission's belated implementation report and looks for the plenary to call upon the Commission to submit a fresh one.

This European Implementation Assessment aims to present an assessment of the functioning of the European order for payment procedure since its introduction, highlighting the main achievements of the procedure and the key implementation problems and concerns. Accordingly, this indepth analysis examines the European Commission's report on the application of the procedure and other published material on the subject by academics and practitioners, critically reviewing the overall findings. It has been ...

Second Edition - July 2015 On 23 June 2015, the European Parliament and the Council agreed on a compromise regarding the reform of the European Small Claims Procedure (ESCP). The compromise, which still requires to be formally adopted by the two co-legislators in the coming months, provides that the ceiling for claims will be raised from the current €2 000 to €5 000. In five years' time the Commission will be asked to look into the possibility of raising the ceiling even further. The court fees charged ...