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Dorota Leczykiewicz

DorotaLeczykiewicz-photoDr Dorota Leczykiewicz is Marie Curie Fellow at the Law Department of the European University Institute and Research Fellow at the Institute of European and Comparative Law. She was previously a Junior Research Fellow and then a Fellow by Special Election at Trinity College and in the Faculty of Law of the University of Oxford, where she taught EU law, Tort law and Roman law. Her research interests focus on legal reasoning, tort and contract law, comparative private law, and EU constitutional and private law. She holds a DPhil from the University of Oxford in comparative judicial reasoning in Tort law. A book based on her DPhil thesis is forthcoming with Hart Publishing. Her publications include articles on the EU law of remedies, European private law and EU fundamental rights and various aspects of horizontal application of EU norms. Together with Professor Stephen Weatherill she organised a conference and edited a collection of papers on The Involvement of EU Law in Private Law Relationships (Hart Publishing 2013). Currently, she is editing with Professor Stephen Weatherill a volume on The Images of the Consumer in EU Law: Legislation, Free Movement and Competition Law (forthcoming in 2015 with Hart Publishing). She participated in a Common Core project on ‘Moral Damage in European Contract Law’ where she was responsible for reporting on English and Scottish law. She has recently authored a chapter on direct effect, consistent interpretation and Member State liability for The Oxford Handbook of European Union Law and is now working on articles concerning the position of the consumer in the EU constitutional process, freedom of contract in EU law and on various topics relating to EU fundamental rights. Her Marie Curie project concerns the role of distributive justice claims in EU private law.

Research while at the EUI

My Marie Curie project examines the role of distributive justice claims in the official discourse of EU private law. It focuses on the use in official EU documents, such as impact assessment reports, preambles to EU legislative acts or judgments of the Court of Justice of the EU, of arguments focusing on the presence or absence of distributive effects. Such arguments belong to the category of consequentialist arguments concerning shifts of wealth, entitlement or power between different sections of the society. By examining the justificatory practices of Union law-making institutions the project will establish what force is ascribed to different types of arguments and explain attitudes of particular institutions by reference to constitutional, methodological and rhetorical aspects of the discourse of private law. The project’s objective is to assess what arguments EU private law embraces, how different law-making institutions respond to various types of arguments, and whether, more specifically, distributional effects play a positive or a negative justificatory function in the process. In this way the project aims to contribute to the understanding of the conceptual structure of EU private law and of the values it promotes in its discourse.

Main Publications


The Images of the Consumer in EU Law: Legislation, Free Movement and Competition Law (forthcoming, Hart Publishing Oxford 2015) – edited collection together with Stephen Weatherill

The Involvement of EU Law in Private Law Relationships (Hart Publishing Oxford 2013) – edited collection together with Stephen Weatherill

 Articles and chapters

‘Effectiveness of EU Law Before National Courts: Direct Effect, Consistent Interpretation and Member State Liability’ in A Arnull and D Chalmers (eds), Oxford Handbook of European Union Law (Oxford University Press 2015)

‘Conceptualising Conflict between the Economic and the Social in EU Law after Viking and Laval’ in M Freedland and J Prassl (eds), Viking, Laval and Beyond (Hart Publishing Oxford 2014)

‘‘Constitutional Justice’ and Judicial Review of EU Legislative Acts' in G de Búrca, D Kochenov and A Williams (eds), Europe’s Justice Deficit? Beyond Good Governance (Hart Publishing Oxford 2014)

‘Horizontal Application of the Charter of Fundamental Rights’ (2013) 38 European Law Review 479

‘Enforcement or Compensation? Damages Actions in EU Law after the Draft Common Frame of Reference’ in M Kenny and J Devenney (eds), The Transformation of European Private Law (Cambridge University Press 2013)

‘Horizontal Effect of Fundamental Rights: In Search of Social Justice or Private Autonomy in EU Law?’ in U Bernitz and X Groussot (eds), General Principles of EU Law and European Private Law (Wolters Kluwer 2013)

‘The Constitutional Dimension of Private Law Liability Rules in the EU’ in D Leczykiewicz and S Weatherill (eds), The Involvement of EU Law in Private Law Relationships (Hart Publishing Oxford 2013)

‘“Where Angels Fear to Tread”: The EU Law of Remedies and Codification of European Private Law’ (2012) 8 European Review of Contract Law 47-81

‘“Effective Judicial Protection” of Human Rights After Lisbon: Should National Courts Be Empowered to Review EU Secondary Law?’ (2010) 35 European Law Review 326

‘Private Party Liability in EU Law: In Search of the General Regime’ (2009) 12 Cambridge Yearbook of European Legal Studies 257

‘Constitutional Conflicts and the Third Pillar’ (2008) 33 European Law Review 230

‘Pleural plaques, the concept of damage and liability for psychiatric injury’ (2008) 124 Law Quarterly Review 548

‘Why do the European Court of Justice judges need legal concepts?’ (2008) 14 European Law Journal 773-786


Email: Dorota.Leczykiewicz@EUI.eu.

Tel. [+39] 055 4685 997

Fax [+39] 055 4685 200


Postal address: Department of Law | Via Boccaccio 121 | 50133 Florence | Italy 

Villa Schifanoia - Office CA 24, Casale

Page last updated on 03 November 2015