Corporate Criminal Liability, Directors & the Limits of Punishment

Guest: Andreas Pollak, the only Austrian lawyer who has gained experience as public prosecutor at the Central Public Prosecutor's Office for Combatting Economic Crime and Corruption (comparable to the British Serious Fraud Office)

Recorded at the European Law Institute Annual Conference, University of Vienna

How should companies — and directors — be held criminally accountable across Europe, and are fines, reputation damage and regulation actually changing corporate behaviour?

Corporate crime is rarely about numbers.

It’s about culture, accountability — and who ultimately carries responsibility.

In this ELI Edition of The Fifth Court, we speak with Andreas Pollak, Austrian lawyer and board member of the European Criminal Bar Association, about:

– why corporate crime cases are complex but relatively rare

– whether fines actually change corporate behaviour

– when directors should face personal liability

– the limits of reputation damage as a deterrent

– and why Europe still struggles with a harmonised approach to corporate criminal enforcement

A thoughtful discussion recorded at the European Law Institute Annual Conference in Vienna.

Episode takeaways

• Corporate crime is relatively rare in volume but disproportionately complex and resource-intensive
• Fines can work — but reputation damage often matters more to management
• Prosecuting a company usually means prosecuting individuals alongside it
• Directors may be liable where management failed to prevent wrongdoing
• Europe lacks a harmonised standard for corporate criminal enforcement
• Cross-border investigations remain slow, fragmented and under-resourced
• Environmental crime enforcement is likely to grow, but remains limited in practice

A series of podcasts recorded at the ELI Annual Conference at the University of Vienna

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

Adil Najam, President of WWF International and Founding Dean of Boston University’s Pardee School of Global Studies

He is a professor of International Relations and Earth and Environment at Boston University and is known for his work on international environmental policy, sustainable development, and climate change

Hosts: Peter Leonard BL and Mark Tottenham BL

Adil Najam joins the European Law Institute podcast to discuss Greening Supply Chains, the Indus Water Treaty, and how climate, water, and law now define global governance.

He tells Europe’s legal community that climate change is too important to be left only to the climate people, urging a legal revolution to match the environmental one.

European Law Institute podcast, Adil Najam WWF, environmental law, climate law, international treaties, water law, rule of law, Peter Leonard BL, Mark Tottenham BL, Conall Ó Móráin, Sage Media Group, Vienna ELI Conference 2025, Greening Supply Chains, Pardee School Boston University.

Vienna | Ireland | Europe | Pakistan | Boston

A series of podcasts recorded at the ELI Annual Conference at the University of Vienna

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

In this special episode of The Legal Community Speaks – The ELI Podcast, recorded at the European Law Institute Annual Conference at the University of Vienna, hosts Peter Leonard BL and Mark Tottenham BL speak with Michael Strauss, General Counsel of the European Bank for Reconstruction and Development (EBRD).

Strauss, whose career includes senior roles at the IMF, World Bank Group, Asian Development Bank, and the US Treasury, offers a rare and deeply informed insight into the EBRD’s mandate, its origins after the fall of the Berlin Wall, and its continued role in supporting emerging democracies and developing robust private sectors across its regions of operation.

In a wide-ranging conversation, Strauss discusses:

• The historical purpose of the EBRD and its distinct political and environmental mandates

• The Bank’s investment model, capital structure, and oversight by its 79 members

• The EBRD’s expanding geographical remit and the legal framework supporting it

• The Bank’s extensive work in Ukraine, including infrastructure repairs, energy systems, and real-economy support

• Challenges of engagement in regions such as the West Bank and Gaza

• The ethical responsibilities of lawyers in matters of sustainability, governance, and climate-related decision-making

• The emerging importance of corporate climate governance and “speak-up” culture within large institutions

This thoughtful and compelling interview highlights the intersection of law, policy, finance, and geopolitics — and the essential role legal professionals play in shaping responsible international governance.

Recorded in collaboration with the ELI Conference in Vienna, this episode continues the series featuring leading voices from across Europe and beyond.

A series of podcasts recorded at the ELI Annual Conference at the University of Vienna

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

In this episode #2 of The Legal Community Speaks, hosts Mark Tottenham and Peter Leonard are joined by Georg Kodek, President of the Supreme Court of Austria and one of Europe’s most respected judicial figures.

In a wide-ranging and deeply reflective conversation recorded at the European Law Institute’s annual conference in Vienna, the Supreme Court President examines the proper boundaries of judicial authority and the increasing tension between law, politics, and public expectation.

He explains why courts — though essential to the rule of law — cannot alone resolve issues such as climate change, and warns of the “danger of disappointment” when citizens turn to human rights litigation for remedies that are inherently political.

Drawing on examples from climate litigation in Germany and beyond, Kodek discusses the fragility of public confidence in institutions, the decline of reasoned public debate, and the growing need for courts to communicate their decisions clearly and responsibly in an age of social media and instant commentary.

This conversation offers a rare insight into the perspective of a sitting Supreme Court President on the limits of judicial power, the independence of the judiciary, and the resilience of democratic systems in turbulent times.

Presented by:

Barristers Mark Tottenham and Peter Leonard

Produced by:

The Legal Community Speaks

Georg Kodek, Supreme Court of Austria, judicial independence, rule of law, European Law Institute, human rights law, climate litigation, constitutional law, public confidence in courts, legal ethics, comparative law, EU law, judicial communication

Listen on: Acast • Spotify • Apple Podcasts • Google Podcasts

Follow: #EuropeanLawInstitute #RuleOfLaw #LegalCommunity #ELI #TheLegalCommunitySpeaks #PeterLeonard #MarkTottenham

A series of podcasts recorded at the ELI Annual Conference at the University of Vienna

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

“We see democracies in question. We see abuse of power. We see the war prevailing over dialogue — and yet, our responsibility as jurists is dissatisfaction, never frustration. Because frustration risks inactivity.”

That’s how Prof. Teresa Rodríguez de las Heras Ballel, President of the European Law Institute (ELI), defines the challenge for Europe’s legal community today.

In this opening episode of The Legal Community Speaks, presented by Dublin-based barristers Mark Tottenham and Peter Leonard, we meet the new President of the ELI — a visionary jurist whose energy, intellect, and optimism are reshaping how Europe thinks about law, democracy, and the future.

Recorded at the ELI Annual Conference at the University of Vienna, Teresa shares her three guiding words — Gratitude, Responsibility, and Imagination — and why she believes law must evolve not just through doctrine, but through creativity. She reveals how the ELI’s work has already influenced major European legislation, including the EU’s Digital Services Act, and how she plans to expand the Institute’s global reach to Latin America, Asia, and beyond.

“We need to imagine possible futures,” she says. “That’s where justice begins.”

This conversation captures the spirit of the ELI: independent, collaborative, and dedicated to ensuring that law remains a living force for democracy and human rights.

🎙️ The Legal Community Speaks is produced by The Fifth Court team in association with the European Law Institute.

Hosted by Mark Tottenham BL and Peter Leonard BL, this nine-part series brings you inside Europe’s legal community — where the minds shaping the future of law share their insights, stories, and ideals.

Listen on: Acast • Spotify • Apple Podcasts • Google Podcasts

Follow: #EuropeanLawInstitute #RuleOfLaw #LegalCommunity #ELI #TheLegalCommunitySpeaks #PeterLeonard #MarkTottenham

A series of podcasts recorded at the ELI Annual Conference at the University of Vienna

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