Bankruptcy reform faces bankruptcy
Ex-Justice Minister Pavel Rychetský told MF Dnes that
he's flattered by the image in the media that he's
responsible for post-1989 legislation but that it's a myth.
In terms of recent bankruptcy reform, a myth it isn't. He
was the driving force behind the reform, and his exit
poses a serious threat to the process. The main
problem is that judges - one of the last strongholds of
old-style Communism - are trying to take control of the
drafting process. The judges on the law's drafting
committee are fighting to keep their right to appoint
bankruptcy receivers. They have a cozy relationship
with the receivers, and it's no surprise that the same
judges appoint the same receivers time after time, with
no one to police the process. The solution is to separate
judges from the drafting process and to maintain a
division of the judicial and legislative branches of
government.
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