Dr Dorota Leczykiewicz is Associate Professor of Law and an Official Fellow of St Peter's College. She was previously a Junior Research Fellow and then a Fellow by Special Election at Trinity College, Oxford, a Leverhulme Trust Early Career Fellow in the Oxford Faculty of Law, and a Marie Curie Fellow at the European University Institute in Florence. Her research interests focus on English and comparative Tort law, legal reasoning, European private law and EU constitutional law, in particular, EU fundamental rights. She has recently authored chapters on 'Judicial Development of EU Fundamental Rights Law in the Digital Era', published in General Principles of EU Law and the EU Digital Order (Kluwer Law International 2020) and the reform of the French civil law liability regime, 'Loss and its Compensation in the Proposed New French Regime of Extra-contractual Liability', published in Jean-Sébastien Borghetti and Simon Whittaker (eds), French Civil Liability in Comparative Perspective (Hart Publishing 2019), as well as an article - 'Prohibition of Abusive Practices as a 'General Principle' of EU Law', published in the Common Market Law Review.
In the Faculty, Dr Leczykiewicz gives lectures in EU law and teaches on the BCL/MJur courses of Private Law and Fundamental Rights and the Constitutional Principles of the EU. At St Peter's College, she teaches tutorials in EU law and Tort law. She is supervising doctoral students conducting reseaerch in EU, comparative and private law.
- The chapter has been published also in French as ‘Le préjudice et sa réparation dans le projet de réforme de la responsabilité civile’ in Revue des contrats 2019, n°04 - page 223.This article discusses the proposition that EU law contains a “general principle” laying down a prohibition of abusive practices of various kinds, which does not have to be implemented by national law before the prohibition can be relied on against a private party. This principle was first introduced in Cussens v. Brosman, and recently confirmed by the Grand Chamber, in Ömer Altun and in N Luxembourg 1. Because of its scope and the power it creates for national authorities, the principle differs from the abuse of rights doctrine previously operating in EU law. The article argues that a principle which prohibits unspecified “abusive practices” at a general level, capable of creating new enforcement powers, is alien to pre-existing ECJ case law; and to the extent it covers also abuses of national law, it cannot be justified on constitutional grounds. It is also incorrect to refer to it as a “general principle”, a tactic used by the Court to make the principle enforceable against a private party. The article argues that EU law in fact contains a limited set of abuse principles generating different effects, only some of which could be brought under an umbrella of a single principle.ISBN: 0307-5400ISBN: 1614-9939ISBN: 0307-5400ISBN: 1528-8870ISBN: 1468-0386
EU law, Tort law, European and comparative private law, Legal reasoning