Unfair and unstable: EU bankruptcy reform requires more scrutiny

Open Access
Authors
Publication date 24-02-2020
Publisher London: VOX
Organisations
  • Faculty of Law (FdR) - Amsterdam Center for Law & Economics (ACLE)
  • Faculty of Law (FdR)
  • Faculty of Law (FdR) - Centre for the Study of European Contract Law (CSECL)
  • Faculty of Economics and Business (FEB) - Amsterdam Business School Research Institute (ABS-RI)
  • Faculty of Economics and Business (FEB)
Abstract In 2019 the EU published its directive on bankruptcy reform, which national parliaments must now consider. This column argues the Relative Priority Rule that the reforms propose is unfair, would reduce financial stability, and may lead to a regulatory race to the bottom. The rule would aggravate risk-taking because returns would be captured by shareholders while losses would be borne by unsecured creditors.
Document type Web publication or website
Language English
Published at https://voxeu.org/article/eu-bankruptcy-reform-requires-more-scrutiny
Downloads
Permalink to this page
Back