European Union Court of Justice Profiles
In this special Borderlines project, host Katerina Linos, Heyman Professor of International Law at the University of California, Berkeley, and guest co-host Mark Pollack, Freaney Professor of Political Science and Law at Temple University, launch a unique interview series featuring Judges and Advocates General serving at the Court of Justice of the European Union (CJEU) in Luxembourg. This EU institution consists of the Court of Justice (ECJ) as such, which is the upper court, and of the General Court, which is the lower court. The ECJ ensures that EU law is applied in the same way in all EU countries, and settles legal disputes between national governments and EU institutions. It issues nearly 800 judgments annually on average. These are available in the 24 official languages of the EU to ensure equal access. More than half of the Court’s 27 sitting Judges and 11 Advocates General are profiled in this pioneering podcast series, adding fresh data to existing research. Each participating Member shares their unique background, jurisprudence, and outlook on the future of Europe’s supreme court more than 70 years since its founding.
This public archive strives to create opportunities for researchers and journalists to write about the CJEU, to serve as a teaching tool for students to learn more about the Court and careers in EU law, and to shine a light on the individuals upholding the Court’s authority and mission. The views and opinions expressed in these interviews do not necessarily represent those of the European Union Court of Justice or other speakers’ institutions.
Interviews with Judges and Advocates General took place in Luxembourg, June 24–July 2, 2024 and have been lightly edited. Photos at the Court taken by German Talavera; copyright CJEU 2024. Sound Engineer: Keith Hernandez. Producer: Toni Mendicino.
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Episode 1: Introduction to Europe’s Supreme Court with Erwin Chemerinsky
Episode #1 of the Borderlines CJEU Series features UC Berkeley Law School’s Dean and Choper Distinguished Professor Erwin Chemerinsky in conversation with Tragen Professor Katerina Linos (Berkeley) and Freaney Professor Mark Pollack (Temple University), introducing a wider audience to the European Union Court of Justice. Dean Chemerinsky is one of the world’s top legal scholars, with decades of frontline expertise in constitutional law, from the classroom to presenting oral arguments before the U.S. Supreme Court.
Together, these three leading legal educators introduce listeners to the form and function of the European Union Court of Justice, and contrast its civil law history and consensus methodology with the U.S. common law heritage utilizing dissenting opinions. Learn about the European Court of Justice’s traditions, scope, and unique Advocate General role. Glimpse behind the scenes of the massive EU case load in the Information Age, and compare fundamentals like sovereignty over states, the role of voting in chambers, and balancing accessibility and privacy.
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Episode 2: Interview with President Koen Lenaerts
Episode #2 of the Borderlines CJEU Series features CJEU President Koen Lenaerts in conversation with Professor Katerina Linos (Berkeley) and Professor Mark Pollack (Temple University). President Lenaerts has been re-elected to the Court’s top office by his peers three times since 2015, having served tirelessly since his nomination to the CJEU in 2003 by home country of Belgium. His interview traces the historic path to today’s Court of Justice, and illuminates differences from other courts, including the U.S. federal judicial system.
Listeners will come away with an overview of the Court’s functions and structural methodology in interpreting the EU legal order, including the role of the President, the Judge rapporteur, and the Advocate General. Presidential responsibilities include assigning cases to Judges and presiding over the Grand Chamber to deal with the most important cases. New developments in case law, evolving technological access, and finding balance between unity and diversity, privacy and security, are addressed by the head of the EU’s judicial institution.
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Episode 3: Interview with Vice President Thomas von Danwitz
Episode #3 of the Borderlines CJEU Series features CJEU Vice President Thomas von Danwitz in conversation with Professor Katerina Linos (Berkeley) and Professor Mark Pollack (Temple University). Vice President von Danwitz has been a Judge at the Court of Justice since his nomination by Germany in 2006. Elected as President of Chamber by fellow Judges, he sat at the Court in that function between October 2012 and October 2018. In October 2024, Judge von Danwitz was elected by his peers to serve as Vice President of the Court of Justice.
As the first guest welcomed back to conduct a second Borderlines interview, Vice President von Danwitz further develops his incisive observations regarding the CJEU’s fundamental role in Europe’s integration project. His renowned expertise on cases involving surveillance and the regulation of technology, and the role of the German Constitutional Court in dialogue with CJEU decisions, gives listeners a unique look behind recent impactful rulings. Vice President von Danwitz also reviews key Court concepts and functions such as judicial independence, injunction procedures, and the ongoing evolution of competences undertaken by Europe’s highest court.
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Episode 4: Interview with Vice President Lars Bay Larsen
Episode #4 of the Borderlines CJEU Series features CJEU Vice President Lars Bay Larsen of Denmark in conversation with Professor Katerina Linos and Professor Mark Pollack. Vice President Bay Larsen served as a Judge at the Court of Justice since 2006 upon being nominated by his home country, Denmark. He was elected by his peers to two six-year terms as Chamber President before being elected Vice President of the Court of Justice, the position he held from October 2021 to October 2024.
Highlights of the interview include detailing the role of the Vice President at the Court and the use of interim and provisional measures; evolving Court decisions regarding privacy, security and technology; candid views on landmark cases such as Weiss and recent legislative policies like NextGenerationEU; and personal perspectives on taking time to find a career path and work-life balance.
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Episode 5: Interview with Advocate General Tamara Ćapeta
Episode #5 of the Borderlines CJEU Series features CJEU Advocate General Tamara Ćapeta discussing her opinions and perspective with Professor Katerina Linos (Berkeley) and Professor Mark Pollack (Temple University). Advocate General Ćapeta was appointed as the first Croatian Advocate General to the European Union Court of Justice in October 2021. She illuminates the role’s crucial function in Chambers which issue only unsigned, unanimous decisions. Advocates General write opinions and typically offer solutions in novel cases to help Judges grapple with the issues. Advocate General Ćapeta explains why it’s both solitary and liberating to express her solo views on crucial legal issues before the Court.
Advocate General Ćapeta is the first of seven Advocates General that were interviewed for this series.
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Episode 6: Interview with Judge Ineta Ziemele
Episode #6 of the Borderlines CJEU Series features CJEU Judge Ineta Ziemele in conversation with Professor Katerina Linos (Berkeley), with additional commentary by Professor Mark Pollack (Temple University).
Judge Ziemele was appointed as a judge at the Court of Justice (ECJ) in October 2020, a position she has held since then. Her previous service as a judge and President of Chamber at the European Court of Human Rights in Strasbourg and as judge and President of the Latvian Constitutional Court provides an unprecedented perspective on the world and the ECJ. Judge Ziemele has also written as an academic about judicial dialogue, a crucial component between Europe’s highest Court and Member States’ national courts.
Judge Ziemele shares candid views about how the key issues of dissent and judicial reasoning play out uniquely in Luxembourg. As discussed in previous episodes, since its inception the European Court of Justice Judges have never issued separate opinions, instead presenting unanimous rulings after full discussion. Judge Ziemele shares her thoughts and experiences as a Latvian about specific cases, of particular interest vis-à-vis Russia’s growing aggressivity.
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Episode 7: Interview with Judge Lucia Serena Rossi
Episode #7 of the Borderlines CJEU Series features Judge Lucia Serena Rossi in conversation with Professor Katerina Linos. Upon her nomination by Italy, Judge Rossi served at the CJEU from October 2018 until October 2024, and brought extensive expertise in EU law to the role. She notably served as President of the 8th Chamber from 2020 to 2021 and the 9th Chamber from 2022 to 2023.
In this episode, Judge Rossi shares her experience of transition from academia to the CJEU, offering insights into judges’ collective mindset in upholding legal traditions. Viewers will hear about the Court’s commitment to maintaining coherence in EU law, emphasizing the importance of continuity over abrupt change, particularly in evolving areas like the GDPR and digital regulations. Judge Rossi also addresses the challenges of balancing EU unity with the diverse identities of member states, particularly in complex cases involving state surveillance and privacy rights. She outlines the structural relationship between EU institutions and the Court and illuminates how decisions are made via deliberation procedures, including the role of the reporting judge (Judge-Rapporteur).
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Episode 8: Interview with Judge Constantinos Lycourgos
Episode #8 of the Borderlines CJEU Series features CJEU Judge Constantinos Lycourgos in conversation with Professor Katerina Linos (Berkeley). Appointed as a Judge at the Court of Justice in 2014, Judge Lycourgos has served as President of Chamber there since October 2021. His interview highlights major points in Cyprus’s history and entry into the EU, such as UN Secretary General Kofi Annan’s role in accession negotiations and challenges that Cyprus experienced from the 2008 U.S. financial crisis.
Listeners will come away with an understanding of the roles played by the Judge Rapporteur and Advocate General, as Judge Lycourgos walks through key distinctions between the CJEU and the U.S. legal system. Additionally, the discussion provides clarity about how questions concerning crucial topics such as the fundamental rights of immigrants come to the Court. Major cases are reviewed to further illustrate the Court’s decision-making process and how the Court “walks the line between EU and national competences,” when considering Member States’ autonomy to create rules. Finally, Judge Lycourgos briefly covers the future of jurisprudence, highlighting how nearly all major European crises ultimately find their way before the Court.
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Episode 9: Interview with Judge Octavia Spineanu-Matei
Episode #9 of the Borderlines CJEU Series features CJEU Judge Octavia Spineanu-Matei in conversation with Professor Mark Pollack (Temple University). Judge Spineanu-Matei was appointed to the Court of Justice in 2021, after serving since 2016 as a Judge on the General Court. Judge Spineanu-Matei previously served as a justice in the Romanian judiciary for over 25 years. Judge Spineanu-Matei discusses her robust career path, highlighting major moments such as her first case concerning EU law, Circul Globus, and the process of appointment to the CJEU, being first chosen at the national level then vetted by the Article 255 Committee.|
Highlights of the interview include discussion about Romania’s accession to the EU and the challenges and benefits experienced during post-accession European integration, and the role of the Judge Rapporteur in cases at the Court.
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Episode 10: Interview with Advocate General Jean Richard de la Tour
Episode #10 of the Borderlines CJEU series features Advocate General Jean Richard de la Tour in conversation with Professor Mark Pollack (Temple). Advocate General Richard de la Tour was appointed to the French advocate-general seat at the Court of Justice in March 2020 and reappointed in 2024.
In this episode, listeners will learn about the rigorous process of appointment to the CJEU and the unique responsibilities of an Advocate General. The conversation highlights cases involving gender identity rights, data privacy violations, the criteria for granting or revoking refugee status, the political rights of non-national EU citizens, and the protection of the rights of asylum seekers. Advocate General Richard de la Tour also shares his views on the evolving role of the CJEU in safeguarding fundamental rights, the growing importance of data protection, and potential future cases involving artificial intelligence.
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Acknowledgments:
Berkeley Law’s Dean Erwin Chemerinsky and The Honorable G. William and Ariadna Miller Institute for Global Challenges and the Law made the CJEU series possible with their generous sustaining support. The project became reality because of invaluable encouragement from CJEU President Koen Lenaerts, Vice President Thomas von Danwitz, outgoing Vice President Lars Bay Larsen, and thanks to kind cooperation of the participating Judges and Advocates General at the Court. The Borderlines team is indebted to numerous dedicated Court of Justice staff who assisted, particularly Ms. Cornelia Zeimet, Ms. Sia Kavvadia, Ms. Zita Avas, and Mr. German Talavera. CJEU scholars Professor Fernanda Nicola (American University) and Professor Iyiola Solanke (Oxford) contributed useful guidance. Support was also provided by the Institute of European Studies and Jean Monnet Center of Excellence in European Studies at UC Berkeley, and the Deutscher Akademischer Austauschdienst (DAAD)/German Academic Exchange Service. At Berkeley Law, thanks to Professor Stavros Gadinis for graphic design; Miller Fellow graduate student researchers Simone Browne, Viktor Dimas, Preston McGarvey, Maya Prakash, and Daniel Warner; Legal Research Librarian for Foreign and Comparative Law, Charlotte Daugherty; and to the Communications team of Andrew Cohen, Laurie Frasier, and Susanna Spiro under the direction of Alex Shapiro for exceptional support.