Melissa Vanmeenen associate professor - vice-dean

Research Melissa Vanmeenen

Research team

Expertise

My research addresses (inter)national Insolvency law and secured transactions law. I analyze the position of both the debtor and the creditors at different levels (prevention, security interests, insolvency proceedings). A core aspect of my research is insolvency prevention and business rescue both at national, European and international level. Currently I am focussing on the interaction between insolvency law and other fields, such as ADR, competition law, sustainable debt collection. I assist governments and actively participate in the development and improvement of insolvency legislation (e.g. Ministry of Justice, Belgium - Expert group on insolvency law, European Commission). I provide training and expert advice for different professional organisations, e.g. post-academic intensive training course for liquidators and insolvency practitioners; Conference of Presidents of the Belgian Commercial Courts; Institute for Judicial Training; Belgian Union of Commercial Judges

Sustainable debt collection: towards a novel system of efficient and ethical consumer debt collection (SUSTDEBT). 01/01/2022 - 31/12/2025

Abstract

Despite the wealth that a large proportion of our society is living in, many European households are unable to repay their debts. Their creditors might find themselves in an equally difficult position as they need payment to avoid getting into debt themselves. Debt collectors take full advantage of this and proceed to consumer debt collection at high costs. This leads to an accumulation of debt costs which in turn pushes the debtor into a negative spiral of escalating debts and ultimately into poverty. The urgent need to stop this negative spiral has been expressed by legal scholars and practitioners in many European jurisdictions. The current legislative approach is insufficient and fragmented. In times where debts are on the rise due to the pandemic, SUSTDEBT answers the compelling call for action. Sustainable debt collection pays attention to both efficiency and ethical concerns. SUSTDEBT takes a bifold approach to appropriately address the multiple challenges of consumer debt collection. First, starting from a fundamental rights analysis, combined with insights stemming from comparative law and an empirical study, SUSTDEBT will define and conceptualise efficient and ethical debt collection. Secondly, the project will put forward guidelines to shape a new sustainable debt collection process. Both outcomes will contribute significantly to the elaboration of an efficient and ethical debt collection approach in Belgium and the EU.

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  • Research Project

The implementation of the new book XX Belgian Code of Economic Law to liberal professions and the particular consequences for their professional bodies (Orders and Institutes). 01/09/2017 - 01/07/2018

Abstract

The adoption of book XX of the Belgian Code of Economic Law engenders that so-called liberal professions are now subject to insolvency law. Book XX of the Code establishes specific rules for these liberal professions. Currently the factual implementation and the consequences of this new legislation for the liberal professionals and their professional bodies ('Orders and Institutes') is far from clear. The research project will analyze the scope of these rules and will elucidate how these rules should be implemented by the professional bodies of the different liberal professions.

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  • Research Project

Between micro and macro: exploring the Single Supervisory Mechanism at the crossroads of micro- and macro-prudential supervision. 13/09/2016 - 22/03/2018

Abstract

The new architecture for prudential supervision intends to bolster financial stability. A twofold legal structure was introduced: the micro dimension considers the supervision of individual credit institutions and is managed by the ECB (for significant banks); the macro dimension focusses on imbalances in the financial system and is handled at national level. However both dimensions are strongly interconnected. This research envisages a critical analysis elucidating the dynamic interplay between micro- and macro-prudential supervision to foster a coherent approach by authorities at both EU and national level. The research is conducted primarily from a legal perspective, but is embedded in the economic context and will build on economic realities.

Researcher(s)

Research team(s)

Project type(s)

  • Research Project