The Concept of Public Policy Clause and its Application in Cross-Border Insolvency Proceedings: Theoretical and Practical Analysis

Abstract

The research of the master's thesis was focused on the search for the content of the concept of public policy and its practical application in EU law, especially in the field of cross-border insolvency proceedings, which mainly manifests itself through the Insolvency Regulation. Therefore, with the help of international science of sociology, psychology, politics and law developed by various authors, it was explained from a theoretical point of view - what is public policy and what features distinguish it from other definitions. At the same time, direct and indirect factors influencing its content were sought. One of the outstanding processes analyzed in the study was unionization. The theoretical analysis of the science was later supplemented by a practical element, examining the practice developed by the ECJ in insolvency law and beyond, as a clear link between the exception rule and other areas of law was seen. The established doctrine of sufficiency (sufficiency criteria) has confirmed that the courts of the EU Member States are not completely left alone in determining the scope of the norm.