LEGAL FICTIONS IN COURT OF JUSTICE OF EUROPEAN UNION CASE LAW: SPACE
LEGAL FICTIONS IN COURT OF JUSTICE OF EUROPEAN UNION CASE LAW: SPACE

Summary/Abstract: This paper examines the pervasive yet often overlooked role of legal fictions in shaping the European Union's legal framework. It focuses on the concept of space, exploring three key fictions: lex rei sitae, habitual residence, and non-entry. Lex rei sitae, a fiction that simplifies property disputes by anchoring contracts to the location of the property, gains new layers of meaning through the case-law of the Court of Justice of the European Union (CJEU). Habitual residence, while intentionally flexible, defines jurisdiction for various legal matters. The controversial ՚non-entry՚ fiction allows member states to deny legal entry to migrants despite their physical presence. By analysing these fictions, the paper sheds light on how the EU constructs and defines space within its legal system. This analysis paves the way for further research on legal fictions within EU law.

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