Professor Dr. Dr. h.c. Dr. h.c. Angelika Nußberger M.A.: Research is shaping the European legal system

Angelika Nußberger is Professor of Constitutional and International Law at the University of Cologne and Director of the Academy for European Human Rights Protection. As a former judge and Vice-President of the European Court of Human Rights, she now brings her expertise to international courts, policy advice, and peacekeeping.

1. Can you tell us about your career path, and what role transfer has played in your career so far?

I studied both law and Slavic studies and specialize in Eastern Europe. During my time as a judge, I was able to apply my knowledge of foreign legal systems and international law directly to case decisions and thus in practice. Before and after my tenure at the European Court of Human Rights, I engaged in a wide range of practical activities alongside my academic work – for example as a member of the Academic Advisory Board of the German Federal Foreign Office and as an international judge and Vice-President of the Constitutional Court of Bosnia and Herzegovina, established under the Dayton Agreement. As a member of the European Commission for Democracy through Law (Venice Commission), I advise governments on constitutional issues. I also prepare expert reports for international organizations, such as the Organization for Security and Co-operation in Europe (OSCE), for example in 2022 following the outbreak of the Russia Ukraine war, regarding civil society in Russia. Transfer has therefore always played a significant role in my career, which is not actually unusual for a legal scholar.

2. Which of your transfer activities would you like to report on, and what can you tell us about them?

Being a judge at the European level is a great challenge: I have to apply the knowledge I acquired and taught at the university in a completely new context. Deliberations at court are particularly intensive when it comes to reaching convincing findings in individual cases during discussion on the interpretation of an international treaty. This would not be possible without theoretical knowledge but theoretical knowledge is not enough on its own. One must immerse oneself in a different world, the world of European justice, and understand how it works.

My work for the Venice Commission is particularly exciting when we discuss new legislative and constitutional amendment projects with various stakeholders – governments, parliamentary majorities and minorities, interest groups, and NGOs – and then make recommendations on common European standards and best practices. Since returning to the University of Cologne, I have also sought to share some of my practical experiences with my students.

3. How did you come up with your research topics?

During my studies, the greatest limitation of law, in my view, was that it applies only in one country. In contrast to disciplines such as physics or maths, national borders also represent the boundaries of knowledge. Consequently, I focussed in international law and comparative law early on in my studies, which naturally prepared me for work on international organisations.

4. What concrete social impact have you achieved through this activity so far?

Above all, my contribution to the jurisprudence of the Strasbourg Court has a very tangible social impact. As Vice-President for a number of years, I was involved in numerous high-profile and often controversial cases, ranging from euthanasia to whistleblower cases, and from terrorism to asylum law. In many instances these cases have set new precedents and introduced fresh perspectives. My work for the Venice Commission also has far-reaching impact: for example, our rule-of-law checklist is widely used across Europe and, in some cases, even globally. Through my work for the Constitutional Court of Bosnia and Herzegovina, I aim to contribute to peacekeeping in a divided country. The Constitutional Court remains one of the few functioning national institutions there, and I consider it a genuine mission to support its work.