The migration domain is made of a congeries of institutional and non-institutional actors contending and negotiating their role and space in the migration governance. What is the role of courts in this complex, stratified and ever-changing context?
Together with the emergence of the Dutch pre-packaged bankruptcy practice came the call for a legal basis to set a framework for the pre-pack. Establishing a legal basis for pre-packaged bankruptcy seemed over time to become like flogging a dead horse.
The very recent ruling of the CJEU in DK (C-653/19 PPU, 28 November 2019) confirms the limited applicability of Directive 2016/343 on the presumption of innocence and fails to deal with overuse of pre-trial detention across the EU.