Challenges of the Knowledge Society (May 2024)
LEGAL FICTIONS IN CJEU CASE LAW: SPACE
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 CJEU case-law. 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.
