Der Woude: we only say whether something is within the law, it's different than the US, we are politically passive [I'm not sure it's as different as he thinks between US & EU, which I argued with him about it] It's only the parties who can prevail. The EU system is less adversarial, the judge cannot create a finding, only choose or certify one brought to them. So change must also be slow for judges, they are supposed to maintain the rule of law, can't be changed overnight. [what about new law?]