INSOLVENŢA SUB PRESIUNEA PRIVILEGIULUI FISCAL
INSOLVENCY UNDER THE PRESSURE OF TAX PRIVILEGE

Summary/Abstract: This paper critically examines the recent legislative amendments to insolvency proceedings, highlighting a shift in emphasis from the economic function of reorganization toward a predominantly fiscal procedural approach. The analysis follows the cumulative effects of strengthening the privileges of the budgetary creditor, introducing additional administrative control mechanisms, extending time limits, and limiting the practitioner’s remuneration on the balance of the body of claims and on the efficiency of the proceedings. It is argued that the activation of insufficiently defined concepts and the increase in the practitioner’s professional risk generate instability, defensive conduct, and a decline in the attractiveness of the procedure for economic actors. Consequently, the legislative interven-tions examined outline a structural reconfiguration of the insolvency mechanism, with potential impact on its function of economic recovery and on legal certainty.

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