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All Outputs (35)

International Legal Cooperation and the Principle of Harmonisation: Lessons from Cross-Border Insolvency (2020)
Presentation / Conference Contribution
Ghio, E. (2020, May). International Legal Cooperation and the Principle of Harmonisation: Lessons from Cross-Border Insolvency. Paper presented at Law and Society Association Annual Meeting, Denver [online]

This project assesses how harmonisation can be promoted and achieved in the EU without a completely uniform legal system in place. The project focuses on international legal cooperation as a means to promote harmonisation throughout the EU. It uses t... Read More about International Legal Cooperation and the Principle of Harmonisation: Lessons from Cross-Border Insolvency.

The European Union preventive restructuring framework: A hole in one? (2019)
Journal Article
Ehmke, D., Gant, J. L., Boon, G., Langkjaer, L., & Ghio, E. (2019). The European Union preventive restructuring framework: A hole in one?. International Insolvency Review, 28(2), 184-209. https://doi.org/10.1002/iir.1344

While traditionally (Continental) Europe has not been known for being particularly debtor- or restructuring-friendly, important reforms were implemented in recent decades that have fostered restructurings in Europe. In this article, we comparatively... Read More about The European Union preventive restructuring framework: A hole in one?.

National Report for France (2019)
Book Chapter
Ghio, E. (2019). National Report for France. In J. Chuah, & E. Vaccari (Eds.), Executory Contracts in Insolvency Law: A Global Guide (226-247). Cheltenham: Edward Elgar Publishing. https://doi.org/10.4337/9781788115520.00018

In France, companies encountering financial difficulties are offered two paths to deal with their distress: liquidation or restructuring. The French insolvency test is a pure cash flow test, i.e., a company is declared insolvent (‘en état de cessatio... Read More about National Report for France.

Cross-border insolvency and rescue law theory: moving away from the traditional debate on universalism and territorialism (2018)
Journal Article
Ghio, E. (2018). Cross-border insolvency and rescue law theory: moving away from the traditional debate on universalism and territorialism. International Company and Commercial Law Review, 29(12), 713-724

Suggests why the EU framework for cross-border insolvency and rescue law, based on territorialism or universalism, should be replaced by a structure reflecting current realities. Discusses the benefits and drawbacks of territorialism and universalism... Read More about Cross-border insolvency and rescue law theory: moving away from the traditional debate on universalism and territorialism.

Because the EU said so? Rethinking the Concept of Harmonisation (2018)
Presentation / Conference Contribution
Ghio, E. (2018, September). Because the EU said so? Rethinking the Concept of Harmonisation. Paper presented at Society of Legal Scholars Annual Conference, London

This article debunks the claim that European harmonisation initiatives are made in Brussels behind closed doors and are detached from national realities and domestic practices. This article demonstrates that there is an underlying misunderstanding su... Read More about Because the EU said so? Rethinking the Concept of Harmonisation.

Time to Renew the Debate on Cross-Border Insolvency Law: Out with Theoretical Ideals, In With Pragmatism (2017)
Book Chapter
Ghio, E. (2017). Time to Renew the Debate on Cross-Border Insolvency Law: Out with Theoretical Ideals, In With Pragmatism. In Harmonisation of European Insolvency Law: Papers from the INSOL Europe Academic Forum Annual Conference, Cascais, Portugal, 21-2

Over the last couple of decades, academics have vigorously debated which approach to cross-border insolvency is best. The debate usually centers on questions of predictability, certainty, national sovereignty, fairness and efficiency. In this academi... Read More about Time to Renew the Debate on Cross-Border Insolvency Law: Out with Theoretical Ideals, In With Pragmatism.

The EU incremental approach to cross-border insolvency regulation: a critical analysis (2017)
Journal Article
Ghio, E. (2017). The EU incremental approach to cross-border insolvency regulation: a critical analysis. International Company and Commercial Law Review, 28(10), 369-376

Evaluates the quality of the EU's incremental initiatives concerning cross-border insolvency and rescue. Considers key provisions of Regulation 1346/2000, the 2014 recommendations for reforming restructuring, the extended scope of Regulation 2015/848... Read More about The EU incremental approach to cross-border insolvency regulation: a critical analysis.

The Shift Needed in the European Debate on Cross-Border Insolvency Law (2016)
Presentation / Conference Contribution
Ghio, E. (2016, November). The Shift Needed in the European Debate on Cross-Border Insolvency Law. Paper presented at Netherlands Institute for Law and Governance Annual PhD Forum: 'Law and Governance in a Crisis-Ridden Union', Amsterdam

European Insolvency Law: Where to Now? (2016)
Presentation / Conference Contribution
Ghio, E. (2016, June). European Insolvency Law: Where to Now?. Paper presented at 8th Pan-European Conference on the European Union, Trento, Italy