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All Outputs (12)

Why are directors afraid of help? (2022)
Journal Article
Ghio, E., & Thomson, D. (in press). Why are directors afraid of help?. Chicago-Kent Law Review,

Corporate insolvency laws and procedures have changed significantly over the last decades in the UK, especially since the publication of the Cork Report in 1982. The report noted the limitations of existing procedures towards the rescue of companies... Read More about Why are directors afraid of help?.

The EU Preventive Restructuring Framework: in Extra Time? (2022)
Journal Article
Gant, J. L., Boon, G., Ehmke, D. C., Ghio, E., Langkjaer, L., Vaccari, E., & Omar, P. J. (2022). The EU Preventive Restructuring Framework: in Extra Time?. Jogászvilág, 1(2),

In 2019, the EU adopted the Preventive Restructuring Directive to introduce harmonisation enabling viable enterprises and entrepreneurs that are in financial difficulties to have access to effective national preventive restructuring frameworks so tha... Read More about The EU Preventive Restructuring Framework: in Extra Time?.

Harmonising insolvency law in the EU: New thoughts on old ideas in the wake of the COVID-19 pandemic (2021)
Journal Article
Ghio, E., Boon, G., Ehmke, D., Gant, J., Langkjaer, L., & Vaccari, E. (2021). Harmonising insolvency law in the EU: New thoughts on old ideas in the wake of the COVID-19 pandemic. International Insolvency Review, 30(3), 427-459. https://doi.org/10.1002/ii

While the harmonisation of insolvency law in the European Union (EU) has been a top priority on the European institutions’ agenda in the last decade, it is well known that this endeavour has been slow and has often met resistance from the Member Stat... Read More about Harmonising insolvency law in the EU: New thoughts on old ideas in the wake of the COVID-19 pandemic.

New Challenges For Transnational Civil And Commercial Law In The Wake of the COVID-19 Pandemic: Rethinking the Role of Law and Legal Institutions (2021)
Journal Article
Ghio, E., & Perlingeiro, R. (2021). New Challenges For Transnational Civil And Commercial Law In The Wake of the COVID-19 Pandemic: Rethinking the Role of Law and Legal Institutions. Juris Poiesis, 24(35), 383-385

This issue of the Juris Poesis Journal features extended abstracts of papers which have been presented at the roundtable entitled ‘New Challenges for Transnational Civil and Commercial Law in the Wake of the COVID-19 Pandemic’, hosted by the Law and... Read More about New Challenges For Transnational Civil And Commercial Law In The Wake of the COVID-19 Pandemic: Rethinking the Role of Law and Legal Institutions.

Transposing the preventive restructuring directive 2019 into French insolvency law: Rethinking the role of the judge and rebalancing creditors' rights (2020)
Journal Article
Ghio, E. (2021). Transposing the preventive restructuring directive 2019 into French insolvency law: Rethinking the role of the judge and rebalancing creditors' rights. International Insolvency Review, 30(1), 54-74. https://doi.org/10.1002/iir.1401

In June 2019, the European Union adopted the Directive on Preventive Restructuring Frameworks. The objective of the Directive is to introduce a level-playing field across all Member States in the area of pre-insolvency restructuring. Member States ha... Read More about Transposing the preventive restructuring directive 2019 into French insolvency law: Rethinking the role of the judge and rebalancing creditors' rights.

International Legal Cooperation and the Principle of Harmonisation: Lessons from Cross-Border Insolvency (2020)
Journal Article
Ghio, E. (2020). International Legal Cooperation and the Principle of Harmonisation: Lessons from Cross-Border Insolvency. Juris Poiesis, 23(32), 576-581. https://doi.org/10.5935/2448-0517.20200026

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?.

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.

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.