ILSA Asks with Dr. Tom Boekestein

Dr. Tom Boekestein, Legal Secretary at the Council of State

1) You have attended The University of Cambridge, where you obtained your masters of law and you were awarded the E.M. Burnett prize, and also The University of Maastricht, from where you graduated Cum Laude in European Law. After having attended these well-renowned institutions is there something that you think is missing from the educational process of law students, was there something that you had to face in your work environment, that you feel like law school could have prepared you better for? If yes, what was it, and how did you tackle that challenge?

I found that law school had prepared me well for my current role. Although it did not cover all areas of EU law that I am currently working on – that would not have been feasible anyway – it gave me a strong knowledge foundation that I can rely on when I approach new topics. But perhaps law school could focus more on the interaction between European and national law. Judgments that are clear and straightforward when viewed at EU level can raise complex legal questions when it comes to operationalising them at the national level.

2) What does your work as a Legal Secretary at the Raad van State/Council of State entail?

I work as a legal secretary for the Council’s Commission on EU law, which is an internal advisory body. I support the work of the Council by advising on questions of EU law that arise in pending cases by analysing EU legislation and CJEU case law. I also advise on preliminary references to the CJEU. My work covers the full breadth of EU law that the Council deals with, ranging from environmental- to immigration law.

3) You have supervised the Tripos Paper in EU Law at Pembroke and Newham College, and you have also worked at the University of Maastricht as a teaching assistant during your undergraduate studies. You clearly pose as a great role model for current law students. What motivated you to not only practise the law, but also to teach it and supervise others?

A major motivation for me to teach was to contribute to the small group teaching system at both Maastricht and Cambridge. Tutorials and supervisions where often led by older students and there was a lot to learn from them. I also think that this approach can make small group learning less intimidating and more approachable. But I also learned a lot myself through teaching. Students would raise questions that I had not previously considered and contribute their own unique perspectives on established topics.

4) What prompted you to pursue an academic career path in EU law as opposed to Dutch national law?

I was born and raised in Germany, but my father is from the Netherlands and I grew up with a mix of both cultures. The EU has always played an important role in my life and so I did not want to focus on a single legal system. Although legal systems closely follow the borders of countries, I believe that there is a lot to be learnt from others – studying law should not be a purely national affair. In the EU especially, it is critically important to understand how the same legal issues are solved in other countries. I went to Maastricht because the European Law School reflects this approach well.

5) Do you remember, as a first-year law student, what your motivations were and how you pictured yourself in the future? Was it similar to what you have accomplished now?

When I started law school, I was a curious student with a lot of interests. I’ve always been passionate about constitutional and fundamental rights (EU) law, but I was equally interested in criminal law, tort law, and international law. My interest in the public law side of EU law gradually developed as my studies progressed and got locked in properly when I studied constitutional EU law at Cambridge. I knew early on that I eventually wanted to work for the judiciary, but I did not have a concrete career goal. Especially after my Ph.D. I also wanted to learn how EU law is operationalised in (national) practice.

6) You have completed your traineeship in Luxembourg in the Chambers of Judge Hermann. How did you find this opportunity and what was it that you had to do during this period?

My work as a trainee involved everything from basic initial research to assisting the référendaires in drafting judgments. The traineeship at the EFTA Court was a fantastic opportunity to learn more about the actual practice of adjudication at the supranational level and to gain experience in interpreting EU law. At the same time, the EFTA Court’s unique position also gave me a chance to reflect on EU law from an outside perspective.

7) What is the next milestone you’d like to reach in your career? Do you have a final objective that you would like to achieve in the future, maybe in the form of a job or an award?

I am still torn between practice and academia. I would love to return to university teaching and research, but I would equally love to work at the Luxembourg Courts as a référendaire. A position that combines both worlds would be the ideal job for me.

8) During your time at The University of Cambridge you were general editor, managing editor, and from 2020 to 2021 Editor in Chief of the Cambridge International Law Journal. How much do you think this has influenced your career? What were the main skills that you were able to acquire with this position and how has it helped you to thrive in the legal world?

Working for an academic journal is incredibly beneficial and something I would recommend to any law student, because it is useful for most legal careers. Reading the submissions of others does not only broaden your knowledge, but it also helps you to improve your writing skills. You have to be objective when reviewing papers and put yourself into the shoes of the audience, which is a very useful way to improve your own writing. Being an editor also teaches you to give honest, fair, and constructive feedback, which is important regardless of the career you want to follow.

9) Are there any particular soft skills that have helped you in both your academic and professional career?

I found honesty, empathy, and diplomacy to be some of the most important soft skills, whether I worked in academia or practice. Being able to communicate your findings and positions well is just as important as developing them in the first place. It is important to know your audience and to work with them so you can bring your point across effectively.

10) Lastly, what would you advise a current law student, who would like to pursue a legal career similar to yours?

Whether you want to do a Ph.D., teach, or work in legal practice, you should focus on a topic or field that you are actively interested in. If you do not know what that topic is, try different things. It’s a lot easier to work hard and do well when you are excited about what you are doing. Participate in moot courts, attend guest lectures and career events. Approach people whose work interests you. Read literature that is not on the curriculum. But most importantly, be kind to yourself and others. Whether you are studying for an exam, applying for a job, or struggling with a project at work. The Dutch say ‘hardlopers zijn doodlopers’, and I think that’s something to keep in mind.