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 Tort law, legal reasoning, European and comparative private law and EU constitutional law. She holds a DPhil from the University of Oxford in comparative judicial reasoning in Tort. Together with Professor Stephen Weatherill she edited two collections of papers -The Involvement of EU Law in Private Law Relationships (Hart Publishing 2013) and The Images of the Consumer in EU Law: Legislation, Free Movement and Competition Law (Hart Publishing 2016). Recently, she has authored chapters on the role of the binding Charter of Fundamental Rights in EU constitutionalism, fundamental rights in the EU digital market, and the reform of the Frech law of civil liability. Her article on the purpoted general principle of EU law prohibiting abusive practices was published in 2019 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