FIGHTING RECESSION AT THE EXPENSE OF ACCESS TO JUSTICE - THE CASE OF CROATIAN FINANCIAL OPERATIONS AND PRE-BANKRUPTCY SETTLEMENTS ACT
It is hard to remember when the last time was that one legal document raised as much controversy among legal and economic experts, entrepreneurs and wider public as it is the case with the Act on Financial Operations and Pre-Bankruptcy Settlements (AFOPS). As stated by the Croatian Government at...
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| Format: | Article |
| Language: | deu |
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University of Rijeka, Faculty of Law
2017-01-01
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| Series: | Zbornik Pravnog Fakulteta Sveučilišta u Rijeci |
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| Online Access: | https://hrcak.srce.hr/file/262510 |
| _version_ | 1797207897393856512 |
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| author | Zvonimir Jelinić |
| author_facet | Zvonimir Jelinić |
| author_sort | Zvonimir Jelinić |
| collection | DOAJ |
| description | It is hard to remember when the last time was that one legal document raised as
much controversy among legal and economic experts, entrepreneurs and wider
public as it is the case with the Act on Financial Operations and Pre-Bankruptcy
Settlements (AFOPS). As stated by the Croatian Government at the time of its
delivery, the primary aim of the pre-bankruptcy (or insolvency) settlement
proceedings was to help troubled companies to revitalize their businesses, keep
jobs and to help creditors to recover their claims in a larger proportion than it
would be possible if standard bankruptcy proceedings were applied to troubled
companies. The fact that two different organs, one professional and one juridical
have been conducting pre-bankruptcy settlement proceedings in different stages
gives rise to different questions in relation to the right to a fair trial and access
to courts as guaranteed by the European Convention for Protection of Human
Rights and its related case law. In particular, we shall discuss whether PBS
committees constituted “tribunals” in the Conventional context and whether
European Convention allows the prior intervention of professional bodies in
disputes over civil rights and obligations. Last, but not least, we need to check
the powers and the role of commercial courts in confi rming the settlement
agreements, bearing in mind that only if the access to a court with full jurisdiction
is ensured, the lawfulness of the procedure is provided and secured. |
| first_indexed | 2024-04-24T09:30:12Z |
| format | Article |
| id | doaj.art-b4899d24ce644bb4b250b1b7bbd72348 |
| institution | Directory Open Access Journal |
| issn | 1330-349X 1846-8314 |
| language | deu |
| last_indexed | 2024-04-24T09:30:12Z |
| publishDate | 2017-01-01 |
| publisher | University of Rijeka, Faculty of Law |
| record_format | Article |
| series | Zbornik Pravnog Fakulteta Sveučilišta u Rijeci |
| spelling | doaj.art-b4899d24ce644bb4b250b1b7bbd723482024-04-15T14:05:45ZdeuUniversity of Rijeka, Faculty of LawZbornik Pravnog Fakulteta Sveučilišta u Rijeci1330-349X1846-83142017-01-0138122323910.30925/zpfsr.38.1.7FIGHTING RECESSION AT THE EXPENSE OF ACCESS TO JUSTICE - THE CASE OF CROATIAN FINANCIAL OPERATIONS AND PRE-BANKRUPTCY SETTLEMENTS ACTZvonimir Jelinić0Faculty of Law University of Osijek, Osijek, CroatiaIt is hard to remember when the last time was that one legal document raised as much controversy among legal and economic experts, entrepreneurs and wider public as it is the case with the Act on Financial Operations and Pre-Bankruptcy Settlements (AFOPS). As stated by the Croatian Government at the time of its delivery, the primary aim of the pre-bankruptcy (or insolvency) settlement proceedings was to help troubled companies to revitalize their businesses, keep jobs and to help creditors to recover their claims in a larger proportion than it would be possible if standard bankruptcy proceedings were applied to troubled companies. The fact that two different organs, one professional and one juridical have been conducting pre-bankruptcy settlement proceedings in different stages gives rise to different questions in relation to the right to a fair trial and access to courts as guaranteed by the European Convention for Protection of Human Rights and its related case law. In particular, we shall discuss whether PBS committees constituted “tribunals” in the Conventional context and whether European Convention allows the prior intervention of professional bodies in disputes over civil rights and obligations. Last, but not least, we need to check the powers and the role of commercial courts in confi rming the settlement agreements, bearing in mind that only if the access to a court with full jurisdiction is ensured, the lawfulness of the procedure is provided and secured.https://hrcak.srce.hr/file/262510Act on Financial Operations and Pre-bankruptcy settlementEuropean Convention on Human Rightsfull jurisdictionthe right to a fair trial and access to courts |
| spellingShingle | Zvonimir Jelinić FIGHTING RECESSION AT THE EXPENSE OF ACCESS TO JUSTICE - THE CASE OF CROATIAN FINANCIAL OPERATIONS AND PRE-BANKRUPTCY SETTLEMENTS ACT Zbornik Pravnog Fakulteta Sveučilišta u Rijeci Act on Financial Operations and Pre-bankruptcy settlement European Convention on Human Rights full jurisdiction the right to a fair trial and access to courts |
| title | FIGHTING RECESSION AT THE EXPENSE OF ACCESS TO JUSTICE - THE CASE OF CROATIAN FINANCIAL OPERATIONS AND PRE-BANKRUPTCY SETTLEMENTS ACT |
| title_full | FIGHTING RECESSION AT THE EXPENSE OF ACCESS TO JUSTICE - THE CASE OF CROATIAN FINANCIAL OPERATIONS AND PRE-BANKRUPTCY SETTLEMENTS ACT |
| title_fullStr | FIGHTING RECESSION AT THE EXPENSE OF ACCESS TO JUSTICE - THE CASE OF CROATIAN FINANCIAL OPERATIONS AND PRE-BANKRUPTCY SETTLEMENTS ACT |
| title_full_unstemmed | FIGHTING RECESSION AT THE EXPENSE OF ACCESS TO JUSTICE - THE CASE OF CROATIAN FINANCIAL OPERATIONS AND PRE-BANKRUPTCY SETTLEMENTS ACT |
| title_short | FIGHTING RECESSION AT THE EXPENSE OF ACCESS TO JUSTICE - THE CASE OF CROATIAN FINANCIAL OPERATIONS AND PRE-BANKRUPTCY SETTLEMENTS ACT |
| title_sort | fighting recession at the expense of access to justice the case of croatian financial operations and pre bankruptcy settlements act |
| topic | Act on Financial Operations and Pre-bankruptcy settlement European Convention on Human Rights full jurisdiction the right to a fair trial and access to courts |
| url | https://hrcak.srce.hr/file/262510 |
| work_keys_str_mv | AT zvonimirjelinic fightingrecessionattheexpenseofaccesstojusticethecaseofcroatianfinancialoperationsandprebankruptcysettlementsact |