Local view for "http://purl.org/linkedpolitics/eu/plenary/2000-03-01-Speech-3-200"
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"en.20000301.14.3-200"2
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"Mr President, I think we all agree that a European legal area must be created. We also all agree that there should be harmonisation in a field that is marked by the great disparity of our legal systems and, what is more, concepts. The very word bankruptcy, the legal concept of bankruptcy, does not cover the same accounting concept in each of the Member States of the Union. We therefore all agree on the established facts, and the draft regulation and the report are going in the right direction.
If I may, however, just make a few comments on the method. When you observe – and you cannot fail to do so – the disparity in the legal systems and concepts, and the fact that we wish to improve coordination, I believe that there are three ways in which we can proceed. The first is to establish equivalence, saying: in the final analysis, bankruptcy in France is the same thing as bankruptcy in England or in Germany. The second way is to recreate a law
that is to say, to harmonise the systems and completely overhaul all the concepts and legal systems in each of the Member States.
That is not the route that has been taken. The third route that has been taken is in the end to superimpose above the existing systems, which are not touched, a real embryo of Community law of collective procedures and procedures for companies in difficulty. This is a good thing, moreover, and the result has probably exceeded what the authors had hoped for. But at this stage I should like to make an observation, which is not technical, but more philosophical and taken from practice. It is that bankruptcy is experienced within the European Union, in the majority of States, as an absolutely definitive event for the person it affects. And I believe that it is our responsibility, in an ever more rapidly moving economy, where everyone must have a real opportunity, to give people the chance of running a commercial enterprise, and a second and a third chance, if necessary.
Today, in many Member States, that is not possible. One of the reasons that explains the difference in competitiveness between the European area, for example and the United States, is precisely this ability of bouncing back that exists on the other side of the Atlantic and that we just do not have here. I believe that since we have gone that far and we are continuing along that path, which is the route of creating a collective procedure for regulating this type of legal standard in the European Union, we should bear in mind that it should not become the allegorical figure of the guillotine."@en1
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