PREVENTIVE PROCEEDINGS IN THE VISION OF THE CODE ON PREVENTINVE PROCEEDINGS OF INSOLVENCY AND OF INSOLVENCY - A FIRST STEP FOR THE HARMONIZATION OF THE EU MEMBER STATE'S LEGISLATIONS IN THIS AREA

In order to improve and accelerate the insolvency with cross border implications, the Council has adopted the Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings establishing the common norms on the jurisdiction, recognition and applicable law in this area, European norm which does not harmonizes the national material law systems in the area of insolvency, thus it can be identified significant differences at a national legislative level regarding the insolvency in relation to fundamental considerations of politics, structure and content, in other words, there are not unique insolvency proceedings, with applicability throughout the European union. Nevertheless we consider that a first step in the achievement of a legislative uniformity was already taken, at least regarding the unity regulation of certain preventive proceedings which will allow the avoidance of insolvency of the debtor, mentioning in this respect Law No 381/2009 on the preventive concordat and the ad-hoc mandate, whose provisions are taken from the new code on the preventive proceedings of insolvency and of insolvency, code which eases the direct application of the Council Regulation (EC) No 1346/2000.