CJEU Episode #4: European Union Court of Justice Series Interview with Vice President Lars Bay Larsen

11/14/24 • 47 min

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.

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

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

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

Previous Episode

CJEU Episode #3: European Union Court of Justice Series 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.

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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Next Episode

Historical Gloss and Foreign Affairs

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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