The European Commission has proposed a directive on ‘preventive restructuring frameworks' for financially distressed firms. I demonstrate that the proposal is flawed because it creates a refuge for failing firms that should be liquidated, because it rules out going concern sales for viable...

The chapter introduces the book, Solidarity in EU Law: Legal Principle in the Making, highlighting the political, social and human rights background against which the concept of solidarity is gaining a more substantial role in shaping the European Union's legal order. It places the summarised...

In this essay, we examine the reasons why the economic analysis of law has not flourished in European countries as it has in the U.S. In particular, we focus on three European countries - the United Kingdom (U.K.), Germany, and France. We argue that differences in culture, the legal system and...