Concrete issues related to the latest changes in insolvency law

This scientific paper is dedicated to theoretical and practical problems arising from the recent amendment of the Insolvency Code (Law 85 of 2014) by the E.O. No 88/2018. Firstly, it is criticized the fact that in absence of an emergency, the timely changes of essential laws by Emergency Ordinances are preferred. Further we analyze both the factual basis and the weak reasoning of the emergency case that „justified” the adoption of this emergency ordinance. The views of doctrine, in particular of practitioners have been studied and reasoned criticism has been given to the changes that violate EU directives, the UNCITRAL regulations, the World Bank insolvency principles, The Judgments Of the European Court in Luxembourg, the Romanian Constitution, the Criminal Code and even the principles stated in the Insolvency Code. The analysis aimed to criticize the restriction of the right of access to this procedure for debtors with budgetary claims totaling over 50% of their total claims, with influence on the content of the fraudulent bankruptcy. The influence of this provision over the economic environment has also been analyzed, showing that there is discrimination between debtors, some of whom have the chance of a real and effective reorganization, others being unable to benefit from the provisions of insolvency law only because of the structure of their claims. Some incompatibilities and new tasks of the Judiciary Administrator were also examined, the new way of working with the debtor and the time limits within which they must perform their duties, from advising the debtor’s operations to accepting claims and paying creditors