moderation, politics
Like, to clarify, the Dutch legal system allows judges a lot of leeway in making rulings; they are not *bound* by precedent, and they are expected to contextually interpret the legislation to filter out loopholes and 'clever' schemes on the executive layer, even when they were not literally accounted for in the law.
In other words, basically the exact same thing as "moderators have final call on what constitutes bannable behaviour".
moderation, politics
(This is not to say that I never disagree with court rulings, to be clear - there are plenty of morally bad rulings. But they are almost always clearly consistent with the spirit of the law, and the spirit of the law is what the actual problem is.)