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.
In its recent judgment Commission v. France (C-416/17), the CJEU indicates that it is ready to do whatever it takes to preserve the integrity of EU law – a strong for European judicial dialogue in times of worrying judicial developments across the EU.
This summer, the German Federal Constitutional Court initiated its second ever preliminary reference to the CJEU, challenging the legality of ECB policies. This blog highlights its links to previous jurisprudence and its impact on judicial dialogue.
The EU Court of Justice explains the Zambrano doctrine: what matters is not just whether an EU-citizen parent could take care of the child, but whether the child has a relationship of dependency with the non-EU parent.