The unseen influence of EU legal advisors | Päivi Leino-Sandberg

Europa Felix

In this episode, I’m joined by Päivi Leino-Sandberg, professor of transnational European law at the University of Helsinki and author of ‘The Politics of Legal Expertise in EU Policy-Making’.
Her book takes us behind the scenes of the EU institutions to uncover the role of legal advisors in shaping EU decisions and policies. That’s a reality I know well: in my day job—hosting a podcast is something I do off-duty—I am one of those legal advisors. So for me, Päivi’s work is not just about an abstract group of professionals; it’s about people like me.
The book offered me a mirror, a way to see my own profession through someone else’s eyes. It’s a critical, sociological study of what we do, how we think, and how we influence the European project. How objective are we really? How much of what we call 'legal advice' is shaped by political agendas? And what does that mean for the democratic legitimacy of the EU?

In this conversation, we explore those questions. We talk about the Legal Services of the Council, the Commission, and the Parliament; about the tension between technical expertise and political influence; and about how transparency—or the lack of it—around legal advice impacts trust in EU decision-making and its institutions.

If you’re new to the world of legal advice in EU policy-making, this episode will offer a rare insight into its inner workings. And if you’re part of this world, then this conversation is as much about understanding yourself as it is about understanding the EU.

Mentioned:

• P. Leino-Sandberg, The Politics of Legal Expertise in EU Policy-Making, Cambridge University Press 2021
• F. Ronkes Agerbeek, The Legal Service of the Commission, in: E. Guinchard and M-P. Granger, The New EU Judiciary, 2017
• C. Eckes and P. Leino-Sandberg, The EU-UK Trade and Cooperation Agreement – Exceptional Circumstances or a new Paradigm for EU External Relations?, Modern Law Review, October 2021
• T. Paloniitty and P. Leino-Sandberg, Watering down the Aarhus Regulation – time to deliver an adequate and effective remedy, European Law Blog, 11 March 2021
• P. Leino-Sandberg, Legal Experts and Legal Expertise in EU Policy-Making, Key note speech, Institute for Law and Governance (WU Vienna), 12 September 2024
• Sweden and Turco v Council (C-39/05 P and C-52/05 P)
• ClientEarth AISBL and Leino-Sandberg v Council (T-682/21 and T-683/21)
• European Ombudsman Decision on how the European Parliament, the Council of the European Union and the European Commission handle requests for public access to legislative documents (OI/4/2023/MIK of 3 December 2024)
• Europa Felix: Julio Baquero Cruz, What’s left of the law of integration?

Book recommendations:

• Mia Kankimäki, Things That Make One's Heart Beat Faster (2013) and The Women I Think About at Night (2018)
• Duncan Kennedy, A Critique of Adjudication (fin de siècle) (1998)
• Peter Lindseth, Power and Legitimacy: Reconciling Europe and the Nation-State (2011)
• Julio Baquero Cruz, What’s Left of the Law of Integration? (2018)

Comments? Guest suggestions? Email me at [e-mail].