Ex Parte Principis. Re-(b)ordering Europe Through Migration Law and Legal Fictions

Contemporary migration and asylum law – both at the level of the Member States and within the broader framework of the European Union – increasingly relies on legal fictions to manage migration flows, process international protection applications, and shifting responsibilities. Among these, the ‘fiction of non-entry’ stands out as particularly significant. What does this fiction truly encompass, and how does it impact constitutional principles and fundamental rights? In which legal and political circumstances has this fictio iuris arisen, and how is it taking shape in practice? What are its key characteristics, and in what ways does it differ from the legal fictions used by older legal traditions or by contemporary systems like that of the United States? This paper aims to tackle these questions and bridge a gap in current academic debate.