From Legal Status to Social Inclusion: Third-Country Nationals and the Right to Welfare in Europe

Abstract

This paper examines the evolving relationship between legal status and social inclusion within the European Union, focusing on the judicial dialogue between the CJEU and the Italian Constitutional Court. By analysing the recent case law on Italy’s reddito di cittadinanza, it explores how national and supranational courts have redefined TCN’s access to welfare through the principle of human dignity. The analysis reveals a gradual shift from a status-based to a rights-based conception of inclusion, where lawful residence and participation in the community replace nationality as the key criterion for social citizenship. The paper concludes that welfare access, grounded in dignity, is emerging as a constitutional entitlement underpinning the rule of law and democratic legitimacy in Europe.