In the latest episode of The Legal Community Speaks, recorded during the European Law Institute’s Annual Conference in Vienna, hosts Mark Tottenham and Peter Leonard engage in an in-depth conversation with Georg Kodek, President of the Supreme Court of Austria.

In this second episode in ELI’s new podcast (more here), entitled ‘Law, Legitimacy and the Limits of the Courts,’ President Kodek reflects on the evolving role of the judiciary within democratic societies, exploring the delicate boundaries between judicial authority, political decision-making, and societal expectation.

He emphasises that while courts are indispensable to upholding the rule of law, they cannot – and should not – be expected to provide solutions to inherently political questions such as those arising from climate change. Kodek warns of the ‘danger of disappointment’ when citizens turn to the judiciary seeking remedies that lie beyond its constitutional competence.

Drawing on comparative examples, including recent climate litigation in Germany, President Kodek discusses the importance of maintaining public trust in judicial institutions amid an increasingly polarised public sphere. He highlights the growing responsibility of courts to communicate their decisions clearly and transparently, particularly in an era dominated by social media and rapid commentary.

This episode offers thoughtful insight into the perspective of a sitting Supreme Court President on the limits of judicial power, judicial independence, and the resilience of democratic systems in challenging times.