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Call: 2004
Prof. Erika Szyszczak


Erika Szyszczak is a Professor of Law at the University of Sussex. Erika was called to the Bar in 2004 and is an ADR accredited mediator.

She has written many books and articles in the area of European Union law and specialises in competition and employment law. She lectures widely at international and local professional and academic conferences.

Erika has acted as a consultant for the EC Commission and worked on numerous EU projects and reports, civil (public) service, judicial and legal training schemes and capacity-building projects in new, and associated States to the EU, as well as acting as an advisor to the House of Lords’ EU scrutiny committee.

Erika’s practice specialises in employment and discrimination law, EU law, competition law (including state aids and services of general economic interest (public services), advising clients from the commercial, ngo and charity sector.



Erika has recently advised clients on UK and EU competition law and its application to distribution schemes involving the electronics, furniture and sports’ goods sector. Other cases have involved EU state aid issues in the energy sector.

Erika has specialised knowledge of the EU free movement rules and has provided advice on sports law and also the implications of the proposed free movement of Patients’ Directive.

She appeared in R v. Cambridgeshire PCT ex parte European Surgeries Limited [2008] EWCA Civ 416 (17 March 2008), concerning the impact of Article 49 EC (now Article 56 TFEU) on the internal market  for NHS services.


Cases and advice include:

  • unfair dismissal and "non-religious”  belief systems
  • legal representation in internal disciplinary proceedings
  • age discrimination and redundancy
  • equal pay and use of an independent expert
  • race discrimination
  • part-time work and pensions
  • part-time work/pensions/armed services
  • EU migrant workers and, also, A8 migrants and access to social (EU Citizenship) rights
Erika has delivered a series of lectures on the new Equality Act 2010 for legal and practioners and HR practioners. She has provided advice for private clients, including charities, non-governmental organisations and religious bodies.

Erika chaired the ERRC Board in Budapest and has worked on advice for cases involving the use of EU and ECHR law in services/utility provision, discrimination and A8 nationals.

In addition to advice/opinion work, Erika regularly provides in-house training and up-dates on EU law developments.


In addition to practising as a commercial mediator, Erika delivers in-house workplace mediation and training.

Recently she provided an in-house workshop on employment/workplace mediation for commercial mediators at a leading firm of solicitors in Nottingham and has spoken at an evening event for the Chartered Institute of Arbitrators.


Erika has edited three books during 2011.

  • The Research Handbook on European State Aid Law, published by Edward Elgar analyses the critical and controversial role of the correct use of state funding which propelled issues of state aid to the centre of public discussion as the full extent of the financial crisis unfolded.
  • A second book, Legal Developments in Services of General Interest, is published by TMC Asser Press.
  • The third book, Health Care and EU Law, also published by TMC Asser Press, addresses the growing competence of the EU to regulate health care law in the Member States of the EU. This ranges from the mutual recognition of medical practioner qualifications, the free movement of medical professionals and establishments (such as medical or dental clinics), to allowing patients to move abroad for medical treatment. Controversially the EU has also assumed greater regulation over issues of medical ethics, data protection, procurement of medical services and equipment.

A fourth edited book is almost complete. This focuses on a current and pressing  issue facing the EU: The Role of Social Services of General Interest in EU Law: New Challenges and Tensions.

The edited collection of essays from this conference will be published by TMC Asser Press in 2012 in the Legal Issues of Services of General Interest series.

The issue of how public services should be funded in the future in the EU is currently a major topic on the political agenda.