In Memoriam: Marko Ilešič
By ProfessorUniversity of Ljubljana.
‘Speaks 13 languages, can tell a joke in 7, can lecture in 8.’ This was the headline of a 2015 article in the Slovenian newspaper Dnevnik, marking the third appointment of Marko Ilešič as the Slovenian judge at the Court of Justice of the European Union. Indeed, being a polyglot was one of Judge Ilešič’s many remarkable traits, but it was far from the only one that earned him admiration and respect from all who had the privilege of meeting and working with him. The readers of this blog will remember him for his role in shaping CJEU case law in various areas of Private International Law, often as juge rapporteur. A particularly touching recent memory for many of us is his presiding over the panel in the finals of this year’s PAX Moot held in April.
Less known to the international public is that Judge Ilešič was one of three co-authors of the only Slovenian commentary on the Yugoslav Act on Private International Law of 1982, which remains influential in interpreting the current Slovenian PIL Act of 1999. When writing that commentary (after a brief stint as a first instance judge), he began his career as a teaching assistant at his alma mater, the Faculty of Law at the University of Ljubljana. As his academic career advanced, he taught a wide range of fundamental subjects, such as the law of obligations, commercial law, and intellectual property law, always maintaining a special interest in private international law, which he recognized as significant and full of potential even when it was considered a marginal field by the broader legal community. He left the Ljubljana Law Faculty as Dean in 2004, upon Slovenia’s accession to the European Union, to become the country’s first, and to this day, only judge at the Court of Justice of the European Union. In 2024, he was serving his fourth consecutive term.
Being a Judge at the CJEU was Marko Ilešič’s vocation. His dedication to his work, the Court, and the EU was complete and unwavering. He was highly respected among the members of the Court for his in-depth knowledge in a number of fields, and was elected by his peers as President of Chamber for two successive terms from October 2012 to October 2018. He served as juge rapporteur in more than 500 cases, many of them significant private international law cases, such as TNT Express Nederland (C-533/08), Česká spořitelna (C-419/11), Nintendo (C-24/16 and C-25/16), Acacia (C-397/16), AMS Neve e.a. (C-172/18) and Beverage City Polska (C-832/21), among many others. He was very proud on being the rapporteur in the landmark Grand Chamber case Pancharevo (C-490/20). In recent years, he was the reporting judge in numerous cases related to the Succession Regulation. Throughout his career at the CJEU, he made a decisive impact on the interpretation of the Brussels I Regulation (with a particular focus on Intellectual Property cases), the European Payment Order Regulation, the Evidence Regulation, and the Insolvency Regulation.
When discussing private international law, Judge Ilešič liked to say: ‘It is like a Guinea pig.’ Just as a Guinea pig is neither a pig nor from Guinea, private international law is neither international nor private. He would then elaborate on the sources and scope of private international law. As a lecturer, Marko Ilešič was famous for his razor-sharp clarity and ability to explain complex matters in the most understandable and relatable manner, often with a touch of humour. He was a frequent and very popular guest lecturer at the Ljubljana Law Faculty, notably on private international law, emphasizing its importance in the EU and beyond, and encouraging students to explore it. He also advocated for Slovenian legal professionals, especially judges, to engage with private international law issues without fear and, if necessary, to refer preliminary rulings to the CJEU. He was a wonderful host at the CJEU, especially to law students, who, enchanted by his humility and charisma, left convinced that working at the institution was within their reach, provided they worked hard (and learned French).
Judge Ilešič was and remains a model and inspiration, as a judge, a professor, and a person. He was an intellectual in the noblest sense, passionately cultivating his many interests ranging from football to opera, from languages to literature, and much more. A hard worker and a bon vivant. Insatiably curious, open to different views and new realities, kind and humorous, modest despite his many achievements, and known for his characteristic dismissive grunt when his numerous roles were listed at events.
His passing is an irreplaceable loss for the Slovenian and European Private International Law community. Dear Judge, dear Professor, rest in peace.
— Judge Marko Ilešič passed away on 20 June 2024.
Truly inspiring!