Cross-border Debt Recovery in the EU

Cross-border Debt Recovery in the EU

Author: Elena Alina Onţanu

Publisher:

Published: 2017

Total Pages: 0

ISBN-13: 9781780686097

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This book evaluates the application of the first autonomous European civil procedures: the European Order for Payment and the European Small Claims Procedure.


A Strategy for Resolving Europe's Problem Loans

A Strategy for Resolving Europe's Problem Loans

Author: Mr.Shekhar Aiyar

Publisher: International Monetary Fund

Published: 2015-09-24

Total Pages: 79

ISBN-13: 1513511653

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Europe’s banking system is weighed down by high levels of non-performing loans (NPLs), which are holding down credit growth and economic activity. This discussion note uses a new survey of European country authorities and banks to examine the structural obstacles that discourage banks from addressing their problem loans. A three pillared strategy is advocated to remedy the situation, comprising: (i) tightened supervisory policies, (ii) insolvency reforms, and (iii) the development of distressed debt markets.


The European Account Preservation Order Regulation

The European Account Preservation Order Regulation

Author: Gilles Cuniberti

Publisher: Cambridge University Press

Published: 2018-05-03

Total Pages: 490

ISBN-13: 1316879852

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The European Account Preservation Order (EAPO) Regulation provides a protective measure for creditors wishing to freeze the bank account of their debtor, preventing the transferral or withdrawal of funds. Courts can issue freezing measures over bank accounts located in other member states, thereby establishing a new remedy for cross-border debt recovery in Europe. This book provides a detailed article-by-article commentary of the EAPO Regulation. It describes its legislative history and structure and carries out a critical analysis of its provisions and recitals, focusing on the practical implementation of the instrument. The commentary also provides additional focus on the interplay between the EAPO Regulation and the existing EU instruments and framework, and examines specific issues that the implementation of the Regulation might raise in member states. This is an important resource tool for practitioners, legal scholars and students interested in the theoretical and practical implications of the EAPO Regulation.


Simplification of Debt Collection in the EU

Simplification of Debt Collection in the EU

Author: Vesna Rijavec

Publisher:

Published: 2014

Total Pages: 0

ISBN-13: 9789041148544

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This in-depth commentary and analysis on the three main EU regulations facilitating cross-border debt collection compares them amongst themselves and with the solutions relating to recognition and enforcement in the enacted but not yet enforced Recast Brussels I Regulation. In country-by-country analyses written by local experts, the implementation of these measures in 13 Member States is accompanied with evaluation of national summary procedures. Emphasis throughout is on the analysis of legal remedies safeguarding the rights of parties, as access to remedies is among the chief factors determining the speed and success of proceedings.


European Cross-Border Banking and Banking Supervision

European Cross-Border Banking and Banking Supervision

Author: Dalvinder Singh

Publisher: Oxford University Press, USA

Published: 2020-04

Total Pages: 320

ISBN-13: 9780198844754

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This new work provides timely analysis of the cross-border exercise of banking activity in the EU and its supervision, from the perspective of the 'home-host rule'. It examines the current system and the efficacy of recent reforms considering whether the centralisation of decision making and a more effective mutualisation of financing tools could increase the efficiency of the EU banking system and reduce the asymmetry of information between home and host authorities.0This book analyses how far recent reforms under the banking union regime have addressed these issues to ensure the integrity and stability of the European integration project. It utilises data to illustrate the cross border exposures between member states and how they influence home and host decision making. But it equally explores those areas that still remain within the national discretion such as non-performing loans, insolvency-liquidation of banks and deposit protection arrangements, to0mention a few.0The book analyses the main pillars of the banking union: the single supervisory mechanism (SSM); and the Single Resolution Mechanism (SRM) and the proposed European Deposit Insurance Scheme (EDIS); and the related tools designed to provide crisis management under the European Stability Mechanism (ESM). As such the work considers the impact of the Single Rulebook. In considering these pieces of regulation and mechanisms the book analyses how international standards and EU requirements undertake to divide responsibilities between the home and host state and the extent to which they align interests between the home and host and minimise potential conflicts of interests. In this analysis examples from a set of EU cross-border banks are used to illustrate the workings of home and host relationship between Member States and Third Countries, and the benefits of participating in centralisation of decision making and mutualisation of financing in resolution and depositor protection.0.


Cross-Border Litigation in Europe

Cross-Border Litigation in Europe

Author: Paul Beaumont

Publisher: Bloomsbury Publishing

Published: 2017-11-16

Total Pages: 1076

ISBN-13: 1782256776

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This substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil Justice Programme. The research was led by the Centre for Private International Law at the University of Aberdeen and involved partners from the Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid (Complutense). The contributors address the specific features of cross-border disputes in the EU by undertaking a comprehensive analysis of the Court of Justice of the EU (CJEU) and national case law on the Brussels I, Rome I and II, Brussels IIa and Maintenance Regulations. Part I discusses the development of the EU PIL framework. Part II contains the national reports from 26 EU Member States. Parts III (civil and commercial) and IV (family law) contain the CJEU case law analysis and several cross-cutting chapters. Part V briefly sets the agenda for an institutional reform which is necessary to improve the effectiveness of the EU PIL regime. This comprehensive research project book will be of interest to researchers, students, legal practitioners, judges and policy-makers who work, or are interested, in the field of private international law.


Children's Rights in Intercountry Adoption

Children's Rights in Intercountry Adoption

Author: Claire Fenton-Glynn

Publisher:

Published: 2014

Total Pages: 0

ISBN-13: 9781780682280

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In 2010, 50% of all children involved in intercountry adoption were sent to countries within Europe. The question that this book aims to answer is very simple: how can we best protect the rights of these children?


Corporate Recovery in an Integrated Europe

Corporate Recovery in an Integrated Europe

Author: Irene Lynch Fannon

Publisher: Edward Elgar Publishing

Published: 2022-05-31

Total Pages: 384

ISBN-13: 9781800887855

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Exploring the considerable qualitative research conducted by the Judicial Cooperation in Economic Recovery (JCOERE) Project, this book provides a rich analysis of the questions surrounding the contrasting legal traditions and cultures within the European framework. Building on existing research, this book analyses the EU Directive (2019) harmonising 'preventive restructuring' law in all member states of the EU. Embodying a modern approach to business failure involving radical concepts, it examines the imposition of a stay or moratorium, the process of agreeing a compromise of existing debt through cram down and final approval, and ultimately financing the rescued business into the future. These concepts are considered in addition to the obligations imposed on courts through EU Regulation (2015) to cooperate in cross border litigation in insolvency generally. Chapters also provide a critical analysis of legal texts and commentary, studying the development of the Preventive Restructuring Directive (PRD) and domestic preventive restructuring processes. Critically considering the legal initiatives affecting business rescue within broader EU legal context, this book will be an insightful read for EU policy makers and insolvency lawyers and practitioners. Academics and researchers with an interest in European law and EU integration will also benefit from this comprehensive book.


Changes in Prudential Policy Instruments — A New Cross-Country Database

Changes in Prudential Policy Instruments — A New Cross-Country Database

Author: Mr.Eugenio M Cerutti

Publisher: International Monetary Fund

Published: 2016-09-08

Total Pages: 23

ISBN-13: 1475535457

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This paper documents the features of a new database that focuses on changes in the intensity in the usage of several widely used prudential tools, taking into account both macro-prudential and micro-prudential objectives. The database coverage is broad, spanning 64 countries, and with quarterly data for the period 2000Q1 through 2014Q4. The five types of prudential instruments in the database are: capital buffers, interbank exposure limits, concentration limits, loan to value (LTV) ratio limits, and reserve requirements. A total of nine prudential tools are constructed since some useful further decompositions are presented, with capital buffers divided into four subindices: general capital requirements, real state credit specific capital buffers, consumer credit specific capital buffers, and other specific capital buffers; and with reserve requirements divided into two sub-indices: domestic currency capital requirements and foreign currency capital requirements. While general capital requirements have the most changes from the cross-country perspective, LTV ratio limits and reserve requirements have the largest number of tightening and loosening episodes. We also analyze the instruments’ usage in relation to the evolution of key variables such as credit, policy rates, and house prices, finding substantial differences in the patterns of loosening or tightening of instruments in relation to business and financial cycles.