Slovenian National Assembly

Revision of Regulation (EC) No 1346/2000 on insolvency proceedings

Scrutiny details

Subsidiarity deadline: 06/03/2013
 
Scrutiny Information

Scrutiny date: 15/02/2013

Subsidiarity Concern:

No Important information to exchange

No Veto

Information on parliamentary scrutiny

Passed on to the Committee on Justice, Public Administration and Local Self-Government. The document has been discussed at its 9th meeting of 12 February 2013.

 

And at it's 51st meeting of 15 February 2013 the Committee on EU Affairs of the National Assembly of the Republic of Slovenia adopted the following Position:

 

The Republic of Slovenia supports the primary objective pursued by the Proposal: greater efficiency and transparency of insolvency proceedings having cross-border effects and thereby ensuring smooth functioning of the internal market and resistance to economic crises. However, it emphasizes that choosing suitable instruments is indispensable for attaining the described objective. Legal terms (legal definitions) need to be clearly defined and their scope of effect (application) carefully determined.  It is essential to observe the judicial practice of the Court of Justice of the European Union, as well as the approaches of the UNCITRAL Model Law on Cross-Border Insolvency. Furthermore, due account of the definition and determination of rights and duties will need to be taken: the definition of competences for procedures arising from insolvency procedures (Article 1(23) of the Proposal or Article 3a of the Regulation), the examination as to jurisdiction and right to judicial review (Article 1(23) of the Proposal or Article 3b of the Regulation), the powers of the liquidator (Article 1(28) of the Proposal or Article 18 of the Regulation), the secondary proceedings (particularly paragraphs 34 and 35 of Article 1 of the Proposal or Articles 29a and 31 of the Regulation), the right to lodging a claim and the proceedings thereof (paragraphs 41 and 43 of Article 1 of the Proposal or Articles 39 and 41 of the Regulation) and the insolvency of a member/members of a group of companies (Article 1(45) of the Proposal or Articles 42a – 45 of the Regulation). In this respect, the Republic of Slovenia is already examining the proposed options, particularly as regards its own experience in insolvency proceedings. Last but not least, the Republic of Slovenia supports the establishment of the European insolvency register in the manner of interconnecting national registers via the European e-Justice Portal. A particular attention will need to be devoted to the transparency of the above register and to its cost aspect (what is included in the amount of costs needed for adapting the national insolvency register; Article 1(29) of the Proposal or Article 20c(2) of the Regulation).  In this context, it would be appropriate to include the European Business Register in the above portal (this has already been envisaged in the European Parliament Resolution of 7 September 2010 on the interconnection of business registers and the E-Justice Action Plan 2009-2013.


Contact points for EU matters

IPEX Correspondents:
Phone: 00 386 478 9482  Email Mrs. Aleksandra-Saša Lavrič Phone: 00 386 478 9664  Email Ms. Polona Klemenčič
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