Un-nesting the «matrioska» doll: problems and paradoxes at the intersection between citizenship, migration and human rights

Abstract

The “matrioska” doll set contains a number of nested dolls. Its peculiarity is the rigid hierarchy between them: the smallest dolls cannot be pulled out first from the set without moving the biggest ones. This visual idea could be applied to the paradoxes of nested EU citizenship and Third Country Nationals’ (TCNs) stratification of rights and entitlements within the Union. EU law should be able to guarantee a platform of common rights for all, citizens and TCNs. Legal residence rather than citizenship should be the basis to access entitlements and social goods. By contrast, differential treatment between citizens and legally-residing TCNs is still the rule, which contradicts the aim of guaranteeing social cohesion and human rights’ protection. This paper discusses the law applicable to citizens and migrants, reflecting on CJEU case law decided after the introduction of the Treaty of Lisbon.