Cooperazione giudiziaria e coordinamento gestionale nel sistema UNCITRAL. Il C.C.I., anche alla luce della Direttiva n. 1023/2019/UE, è un'occasione persa?

The Italian Legislator approved the text of a new law better known as “Crisisand Insolvency Code” at the beginning of Year 2019, that was just some monthsbefore the adoption of the EU Directive no. 1023/2019 on preventive restructuringframeworks, on discharge of debt and disqualifications, and on measuresto increase the efficiency of procedures concerning restructuring, insolvency anddischarge of debt. The reform of the pre-existing Italian Bankruptcy Law shouldbe expressly inspired to the Uncitral Model Law on Cross-Border Insolvency(MLCBI) as well as to principles at the grounds of the EU legal framework. Both the Uncitral and the EU approaches are based on judicial cooperation andprocedural coordination. Does the new Crisis and Insolvency Code comply tothe need of a higher degree of integration of the Italian insolvency proceedingsto the foreign ones? The Author criticizes the lacks of the new Code especiallyin case of cross-border insolvency proceedings and suggests some interpretationsmore compliant to the transnational approaches.