Adoptarea și transpunerea Directivei privind a doua șansă cadrele de restructurare – repetiția unor compromisuri acceptate
Enacting and transposing the directive on second chances restructuring frameworks – repeating accepted compromise

Summary/Abstract: A simple look back at the origins of Directive (EU) 2019/1023 on preventive restructuring frameworks, on discharge of debt and disqualifications, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt, and amending Directive (EU) 2017/1132 (Directive on restructuring and insolvency), reveals that its text has been heavily amended since the first version. However, nobody can deny that this EU Directive is the compromise that the Member States have reached in order to boost restructuring, to allow companies to operate as going concerns either in full or in part, to save jobs and to prevent insolvency; it was also the first, intrepid, and successful attempt at aligning the domestic regulations regarding the restructuring frameworks and the insolvency.

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