Special Report: Judicial Co-Operation in the European Union: Insolvency and Rescue

The Judicial Co-Operation for Economic Recovery in Europe (JCOERE) is a research action project funded by the EU Commission DG Justice. The project focuses on particular substantive and procedural obstacles to the obligation imposed on courts in the European Insolvency Regulation Recast to co-operate in the comparative context of domestic restructuring frameworks, such as the Examinership procedure in Ireland, and the eventual implementation of the provisions of the Preventive Restructuring Directive. While engaging proactively with the EU judiciary, the team will document experiences with co-operation and utilisation of co-operation guidelines, disseminating findings to aid future court-to-court co-operation

JCOERE Report 1: Report 1: Identifying substantive rules in preventive restructuring frameworks including the Preventive Restructuring Directive which may be incompatible with judicial cooperation obligations

This JCOERE Report 1 identifies substantive and procedural rules in preventive restructuring frameworks (either those which have already been introduced in some European jurisdictions at this point, or in the PRD) which may present challenges to implementation and co-operation. JCOERE Report 2 will continue to develop the enquiry regarding courts, judicial and administrative authorities, and procedural rules and consider how these factors may affect court-to-court co-operation generally, while also benchmarking the utilisation and awareness of best practice guidelines for court-to-court co-operation in preventive restructuring. As the research has continued the importance of explaining some of these challenges by reference to legal culture has become clear

JCOERE Judicial Co-operation Supporting Economic Recovery in Europe: Report 2

The JCOERE Project, funded by the European Commission’s DG Justice Programme (2014-2020), addresses two aspects of the European Union’s strategy to respond to the problems of cross-border insolvency within the increasingly integrated internal market. The European Commission’s strategy is described in the Commission Recommendation 2014/135/EU on a new approach to business failure. The first aspect concerns the co-operation obligations that have been imposed on all domestic Member State courts and judiciary under the European Insolvency Regulation (Recast) 2015/848 (EIR Recast). The second concerns the implementation, subsequent to the Preventive Restructuring Directive 2019/1023, of a preventive restructuring framework in the domestic law of all Member States. The second JCOERE Report analyses the co-operation obligations arising from the EIR Recast, which are imposed on courts and practitioners in EU Member States to co-operate in cross-border insolvency and restructuring matters. The Report also undertakes a benchmarking of judicial utilization and awareness of best practice guidelines on co-operation that have been adopted by European and international organizations. This was achieved through engagement with judicial networks during a number of interactive workshops and through the distribution of a judicial survey to three focus groups comprised of members of the judiciary. This, together with JCOERE Report 1, has contributed to answering the overall project research question, which asks: Based on existing experience with restructuring (e.g. Ireland), will obstacles to court co-operation arise from substantive rules, which are particular to preventive restructuring. Will some of these obstacles to court co-operation be exacerbated in the preventive restructuring context, given that they pertain to existing procedural rules? JCOERE Project Report 2 reflects the goals of Work package 3 of the Project and accordingly focusses on the courts, including judicial and administrative authorities, charged with approving and implementing restructuring plans and to which the co-operation obligations are addressed. The second Report considers the application of best practices for co-operation of cross-border preventive restructuring cases, judicial awareness of existing obligations and guidelines and judicial practice in this area. Report 2 also considers broader questions, such as differences in judicial culture across the EU Member States, how this impacts mutual trust and effective cooperation, and how the obligations and broader initiatives concerning judicial co-operation are fundamental to the question of European integration and harmonization. The research in Report 2 also undertakes a comparative analysis of judicial co-operation in another federalized jurisdiction, undertaking a comparison between the European Union and the United States. The JCOERE Project was led by a team at University College Cork School of Law in collaboration with a team at the University of Florence, Titu Maiorescu University in Romania and INSOL Europe. The content of this document represents the views of the author only and is his/her sole responsibility. The European Commission does not accept any responsibility for use that may be made of the information it contains

Mastering continuous improvement (CI): the roles and competences of mid-level management and their impact on the organisation’s CI capability

YesPurpose – This paper establishes a comprehensive basis for understanding the roles and competences of midlevel management and their influence on the effectiveness of continuous improvement (CI) capability within an organisation. Design/methodology/approach – This research builds upon the hypothesis that methods alone do not lead to successful CI capability development. It focuses on the role of mid-level management in driving a CI environment that underpins the effectiveness of CI capability. A reference model for the CI environment is synthesised based on critical literature review, integrating CI culture, CI enablers and CI leadership elements.A comprehensive framework is introduced to define CI leadership roles and competence indicators. A quantitative benchmarking study involving structured interviews with 15 UK organisations was undertaken to collect evidence for a causal relationship between CI leadership competences and CI capability. Findings – Analysis of the benchmarking data provides clear evidence of the causal relationship between the CI leadership competences of mid-level management and CI capability of the organisation. Given that the empirical study was structured on the basis of the CI leadership roles and competences framework introduced in this paper, this also provides validation for the proposed framework and the CI environment model. Practical implications – The evidence-based knowledge of the positive relationship between the midmanagement CI leadership competences and the effectiveness of the CI capability informs strategic organisational development interventions towards enhancing CI capability and effectiveness, ultimately underpinning productivity enhancement and sustainability. The framework for mid-level management CI leadership roles, responsibilities and competences introduced in this paper and grounded in underpinning work undertaken within a large automotive Original Equipment Manufacturer (OEM), can be adapted by any organisation. The CI environment reference model should provide a comprehensive support for strategists to communicate the framework for CI capability improvement within an organisation, to enhance acceptability and adherence to improvement actions. Originality/value – This research proves for the first time the significance of the causal relationship between the CI leadership competences and the effectiveness of the CI capability within an organisation, thus filling an important gap between established previous work, focussing on the role of mid-level management on one side and practitioner and team level roles, methodologies and tools. The proposed CI environment model is a theoretical contribution with reference value for both practice and further studies. The comprehensive framework for mid-level management CI leadership roles, responsibilities and competences introduced in this paper provides sound foundation to deliver CI leadership in the workplace.Jaguar Land Rover Lt

Evaluation of the Impact of Collaborative Research on Robust Design Methodologies: A Large Scale Empirical Case Study with an Automotive OEM

YesThe evaluation of impact of collaborative research on robust design methodologies and methods is important to both academic and industry stakeholders. This paper introduces a framework for impact evaluation which combines the broader framework adopted for the academic research impact assessment with the organisation viewpoint centred on business results, process improvement and product development teams capability improvement. A large scale empirical study conducted with evidence from technical reports on workplace projects from an automotive OEM proved the validity of the proposed framework

PocketWATCH: design and operation of a multi-use test bed for water Cherenkov detector components in pure and gadolinium loaded water

The PocketWATCH facility is a unique multi-purpose test bed designed to replicate the conditions of large water Cherenkov detectors. Housed at the University of Sheffield, the facility consists of a light-tight 2000 L ultrapure water tank with purification and temperature control systems. Water temperature, resistivity, and UV attenuation in the tank are monitored and shown to be stable over time. The system is also shown to be compatible with a solution of 0.2% gadolinium sulfate, allowing further utility in testing equipment bound for the next generation neutrino and nucleon decay water Cherenkov particle detectors. The relevant water quality parameters are shown to be stable whilst running in Gd-mode, thereby providing a suitable test bed for hardware development in a realistic, ex situ environment

Endothelial Cell Capture of Heparin-Binding Growth Factors under Flow

Circulation is an important delivery method for both natural and synthetic molecules, but microenvironment interactions, regulated by endothelial cells and critical to the molecule's fate, are difficult to interpret using traditional approaches. In this work, we analyzed and predicted growth factor capture under flow using computer modeling and a three-dimensional experimental approach that includes pertinent circulation characteristics such as pulsatile flow, competing binding interactions, and limited bioavailability. An understanding of the controlling features of this process was desired. The experimental module consisted of a bioreactor with synthetic endothelial-lined hollow fibers under flow. The physical design of the system was incorporated into the model parameters. The heparin-binding growth factor fibroblast growth factor-2 (FGF-2) was used for both the experiments and simulations. Our computational model was composed of three parts: (1) media flow equations, (2) mass transport equations and (3) cell surface reaction equations. The model is based on the flow and reactions within a single hollow fiber and was scaled linearly by the total number of fibers for comparison with experimental results. Our model predicted, and experiments confirmed, that removal of heparan sulfate (HS) from the system would result in a dramatic loss of binding by heparin-binding proteins, but not by proteins that do not bind heparin. The model further predicted a significant loss of bound protein at flow rates only slightly higher than average capillary flow rates, corroborated experimentally, suggesting that the probability of capture in a single pass at high flow rates is extremely low. Several other key parameters were investigated with the coupling between receptors and proteoglycans shown to have a critical impact on successful capture. The combined system offers opportunities to examine circulation capture in a straightforward quantitative manner that should prove advantageous for biologicals or drug delivery investigations

AtMYB93 is a novel negative regulator of lateral root development in Arabidopsis

Plant root system plasticity is critical for survival in changing environmental conditions. One important aspect of root architecture is lateral root development, a complex process regulated by hormone, environmental and protein signalling pathways. Here we show, using molecular genetic approaches, that the MYB transcription factor AtMYB93 is a novel negative regulator of lateral root development in Arabidopsis. We identify AtMYB93 as an interaction partner of the lateral-root-promoting ARABIDILLO proteins. Atmyb93 mutants have faster lateral root developmental progression and enhanced lateral root densities, while AtMYB93-overexpressing lines display the opposite phenotype. AtMYB93 is expressed strongly, specifically and transiently in the endodermal cells overlying early lateral root primordia and is additionally induced by auxin in the basal meristem of the primary root. Furthermore, Atmyb93 mutant lateral root development is insensitive to auxin, indicating that AtMYB93 is required for normal auxin responses during lateral root development. We propose that AtMYB93 is part of a novel auxin-induced negative feedback loop stimulated in a select few endodermal cells early during lateral root development, ensuring that lateral roots only develop when absolutely required. Putative AtMYB93 homologues are detected throughout flowering plants and represent promising targets for manipulating root systems in diverse crop species