Borderlines

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.

About this series: UC Berkeley Law’s Borderlines podcast host, Professor Katerina Linos, and guest co-host, Professor Mark Pollack (Temple University), conduct a special interview series profiling the Judges and Advocates General serving at the Court of Justice of the European Union (CJEU) in Luxembourg.

For a full transcript, show notes and links, please visit the episode page on the Berkeley Law Podcast Hub. Thanks for listening!

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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, the roles played by the Judge Rapporteur and Advocate General at the Court, the decision-making process and how the Court “walks the line between EU and national competences,” and why nearly all major European crises ultimately find their way before the Court.

About this series: UC Berkeley Law’s Borderlines podcast host, Professor Katerina Linos, and guest co-host, Professor Mark Pollack (Temple University), conduct a special interview series profiling the Judges and Advocates General serving at the Court of Justice of the European Union (CJEU) in Luxembourg.

For a full transcript, show notes and links, please visit the episode page on the Berkeley Law Podcast Hub. Thanks for listening!

Hosted on Acast. See acast.com/privacy for more information.

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.

About this series: UC Berkeley Law’s Borderlines podcast host, Professor Katerina Linos, and guest co-host, Professor Mark Pollack (Temple University), conduct a special interview series profiling Judges and Advocates General serving at the Court of Justice of the European Union (CJEU) in Luxembourg.

For a full transcript, show notes and links, please visit the episode page on the Berkeley Law Podcast Hub. Thanks for listening!

Hosted on Acast. See acast.com/privacy for more information.

Episode #6 of the Borderlines CJEU Series features CJEU Judge Ineta Ziemele in conversation with Professor Katerina Linos (UC Berkeley Law), 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.

Find the full transcript and links on this episode page. Thanks for listening!

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Berkeley Law’s Borderlines podcast host, Professor Katerina Linos, and guest co-host, Professor Mark Pollack (Temple University), conduct a special interview series profiling Judges and Advocates General serving at the Court of Justice of the European Union (CJEU) in Luxembourg. Episode #5 features CJEU Advocate General Tamara Ćapeta discussing her opinions and perspective with Professor Linos and Professor Pollack. 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.

For full shownotes and a transcript, please visit the episode page on the Berkeley Law podcast hub.

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Episode 29 of Borderlines features distinguished scholar Professor Curt Bradley (Chicago) discussing his new book, Historical Gloss and Foreign Affairs: Constitutional Authority in Practice (Harvard University Press, 2024). Berkeley Law professor and Borderlines guest host Elena Chachko brings her foreign relations and administrative law background to guide this fascinating interview.

In the more than two centuries since the U.S. Constitution was adopted, the constitutional law that governs how the United States interacts with the rest of the world has evolved significantly. This evolution did not come about through formal amendments to the text of the Constitution or even through U.S. Supreme Court rulings. Instead, it came about primarily through the actions and interactions of Congress and the executive branch, as they responded to the changing nature of both the United States and the world environment.

Listeners will learn how and why the law governing the separation of powers, covering topics such as the making of “executive agreements,” the termination of treaties, and the waging of war, has been developed over time through historic governmental practices, rather than through judicial decisions or constitutional redrafting.

In his 1952 concurrence in the Youngstown steel seizure case, Justice Felix Frankfurter invoked the term “the gloss of history” to describe this phenomenon. Professor Bradley’s pioneering research illuminates the role of historical practice, or gloss, to justify both expansions of, and limitations on, presidential and legislative power relating to foreign affairs. The conversation brings fresh insights about the role of courts, the U.S. legal system’s relationship with international law, and “undeclared” U.S. military conflicts such as the Korean War and the “war on terrorism.”

Be sure to follow Borderlines on Apple Podcasts, Spotify, or wherever you get your podcasts to be notified about upcoming episodes. And please rate us on your favorite podcast app – it helps other people find our show and lets us know how we are doing. Thanks for listening!

For a full transcript and more show notes, please visit this episode page in the Berkeley Law podcast hub.

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Berkeley Law’s Borderlines podcast host, Professor Katerina Linos, and guest co-host, Professor Mark Pollack (Temple University), conduct a special interview series profiling Judges and Advocates General serving at the Court of Justice of the European Union (CJEU) in Luxembourg.

Episode #4 of the Borderlines CJEU Series features CJEU Vice President Lars Bay Larsen of Denmark. 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.

Berkeley Law’s Borderlines features exclusive content with the world’s leading international law experts. Check out recent interviews with former ICJ President Donoghue and ICC President Hofmański – be sure to subscribe so you don’t miss an episode!

Please visit the episode page for a transcript and links to the cases and sources mentioned in the podcast.

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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.

Berkeley Law’s Borderlines features exclusive content with the world’s leading international law experts. Check out recent interviews with former ICJ President Donoghue and ICC President Hofmański – be sure to subscribe so you don’t miss an episode! And please rate Borderlines on Apple Podcasts, Spotify, or your favorite app, which can help others find useful resources. Thanks for listening!

Please see the episode page for a transcript, links to some of the cases and sources mentioned in the podcast, and selected speeches by Vice President von Danwitz for further research.

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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.

Berkeley Law’s Borderlines features exclusive content with the world’s leading international law experts. Check out recent interviews with former ICJ President Donoghue and ICC President Hofmański – be sure to subscribe so you don’t miss an episode! And please rate Borderlines on Apple Podcasts, Spotify, or your favorite app, which can help others find useful resources. Thanks for listening!

Please see the episode page for a transcript, links to some of the cases and sources mentioned, and selected speeches by President Lenaerts.

Hosted on Acast. See acast.com/privacy for more information.

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. He is the author of twenty books, including leading casebooks and treatises about constitutional law, criminal procedure, and federal jurisdiction. His most recent major book, No Democracy Lasts Forever: How the Constitution Threatens the United States, was published in August 2024. Dean Chemerinsky also is the author of over 200 law review articles, as well as the host of More Just podcast.

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.

Berkeley Law’s Borderlines features exclusive content with the world’s leading international law experts. Check out recent interviews with former ICJ President Donoghue and ICC President Hofmański – be sure to subscribe so you don’t miss an episode! And please rate Borderlines on Apple Podcasts, Spotify, or your favorite app – it helps other people find our show and lets us know how we are doing. Thanks for listening!

For a transcript of this episode, please visit the episode page on Berkeley Law website.

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