Activities of Jelko KACIN related to 2011/2006(INI)
Shadow opinions (1)
OPINION with recommendations to the Commission on insolvency proceedings in the context of EU company law
Amendments (7)
Amendment 1 #
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the rules governing receivership proceedings concern a number of areas of the law, such as land, employment and contract law, some of which are very complex and which differ from one Member State to another depending on national traditions, which prevents both the simplification of insolvency and restructuring proceedings and the equal treatment of creditors located in the EU;
Amendment 2 #
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that freedom of establishment and the increased mobility of companies between Member States have highlighted the need for better coordina degree of harmonisation of insolvency law in order to combat the negative effects of ‘insolvency tourism’ on employees;
Amendment 3 #
Draft opinion
Paragraph 3
Paragraph 3
Amendment 11 #
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises that employment law is the responsibility of the Member States and that any debate surrounding the establishment of common rules on insolvency must not include any reference to common rules on employment law; however, differing definitions of 'employment' and 'employee' in Member States should not undermine the rights of employees in the event of insolvency;
Amendment 17 #
Draft opinion
Paragraph 6
Paragraph 6
6. Takes the view that Directive 2008/94/EC has met its objective of ensuringes a minimum degree of protection for employees in the event of insolvency, whilst maintaining adequate flex; however, considers it necessary to increase the priority of employees' claims relative to other creditors' claims and to better coordinate the priority of creditors' claims in order to reduce the possibilityies for Member States to compete with workers' security in events of insolvency;
Amendment 29 #
Draft opinion
Paragraph 7
Paragraph 7
7. Does not consider it necessary to set an absolute minimum figure for the payments made by the guarantee institution at European level;
Amendment 32 #
Draft opinion
Paragraph 8
Paragraph 8
8. Highlights the changing nature of employment contracts across the EU and the diversity of such contracts within Member States; considers it counterproductive, therefore,unnecessary to seek to define ‘employee’ at European level in order to ensure employees' protection in case of insolvency;