UDC 328.34:347.736:353.1:061.1
Biblid: 1451-3188, 13 (2014)
Vol. 14, No 47-48, pp. 203-225
DOI:

Оriginal article
Received: 01 Jan 1970
Accepted: 01 Jan 1970

RETROSPEKTIVA USKLAĐIVANjA REGIONALNE LEGISLATIVE U KONTEKSTU REORGANIZACIJE STEČAJNOG DUŽNIKA SA PROPISIMA EU

Čokić Mirela (Правни факултет Универзитета у Тузли, Босна и Херцеговина), mirelacokic@yahoo.com

Primarily, in order to become members of the EU some countries in the region should harmonise their legislations with those which are currently in force in the EU member states. Actually, we can by no means neglect the fact and the relevant impact which have been exerted on our regional legislations so far by the sources in the field of bankruptcy and reorganisation of companies. They have mostly caused reform changes in the laws which previously regulated bankruptcy and the issues related to it. This has priority significance because the Europeanization brought the introduction of a totally new system which up to that moment – had not existed terminologically. True, reorganisation was partly regulated within somewhat different frameworks being based on forced settlement – according to the regulations that were previously implemented (The Law on Forced Settlement, Bankruptcy and Liquidation). As since 2003/2004 up to the present times this mechanism has not brought some good results in practice in rehabilitation of companies, it is necessary to introduce some mechanisms from European law. They would, first of all, have a positive reflection in the final analysis on some cases in legal practice de lege lata and de lege ferenda. In that sense, some solutions will be proposed to some countries in the region and they could serve as good examples taken from the EU. The paper will provide those additional mechanisms intended for successful application of the mechanism for reorganisation of companies. This especially concerns the region, which going through a transition period and privatisation, is making attempts to maintain the sound bases of business with the application of the mechanism of reorganisation, but unfortunately, with not so much success.

Keywords: Reorganisation, company, EU, legislation, bankruptcy