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The European legislator has recently proposed the introduction of a completely new regime for crisis management in the banking sector.
This legislative initiative, once enacted, will bring about an unprecedented harmonization of European bank insolvency law. On 23 May 2013, the Hazelhoff Centre for Financial Law at Leiden Law School and the Netherlands Association for Comparative and International Insolvency Law (NACIIL) organized a conference on the highly topical theme of recovery and resolution of credit institutions and investment firms.
The key question to which answers were sought during this conference was: "Which rules should govern banks in difficulties?" This book contains papers of the speakers to the conference, covering topics such as the requirements for a rescue or recovery plan; bail-in and the position of counter-parties; the rule of law versus authorities discretion; and the treatment of cross-border groups. In addition, a keynote plenary address paper, the reports of the workshops, as well as the report of the plenary discussion have been added.