Dr Jean-Philippe Chetcuti receives Mondaq Thought Leadership Award for EU Citizenship Law

Chetcuti Cauchi is pleased to confirm that Dr Jean-Philippe Chetcuti, Managing Partner, has been recognised by Mondaq through its Thought Leadership Awards following the exceptional readership performance of the article “Quo Vadis European Law on EU Citizenship, National Competence on Citizenship Acquisition Rules?”.

According to Mondaq’s readership data, the article ranked as the most popular publication within the Immigration topic for the European Union, with Dr Chetcuti’s work also identified as the most-read Immigration content by readers based in the Media & Information industries. The recognition reflects sustained international engagement with legal analysis addressing the boundaries between EU law and Member State sovereignty over nationality.

“EU citizenship sits at the crossroads of national constitutional identity and Union-wide legal consequences. This recognition confirms the importance of grounding the political debate on citizenship-by-investment in sound EU constitutional law and jurisprudence.”
‍‍Dr Jean-Philippe Chetcuti B.A., LL.D, TEP
Senior Partner, Chetcuti Cauchi Advocates

Published under European Citizenship by Investment, the article traces the legal evolution of citizenship-by-investment programmes within the European Union, from early European Parliament debates surrounding Malta’s Individual Investor Programme to the closure of the Cyprus Investment Programme and the landmark litigation in Commission v Malta (C-181/23).

The analysis examines the Advocate General’s 2024 Opinion supporting Malta’s sovereign competence, the subsequent CJEU ruling introducing a substantive “genuine link” requirement, and the broader implications for how EU law constrains national discretion where EU citizenship rights are conferred.

“The Court’s judgment does not prohibit citizenship by investment as a concept, but it fundamentally reshapes its legal architecture by elevating the requirement of a genuine connection into a decisive compliance standard.”
Dr Antoine Saliba Haig
Partner, Immigration & Global Mobility

The article provides a detailed examination of several core legal issues central to EU citizenship law, including the definition and nature of EU citizenship under Article 20 TFEU, the limits of Member State autonomy in nationality matters, and the legality of citizenship-by-investment programmes within the EU legal order.

It also analyses the divergence between the Advocate General’s Opinion and the final ruling of the Court of Justice, offering insight into how future investor-linked naturalisation frameworks may be structured to remain compliant with EU law.

The article was co-authored by Dr Jean-Philippe Chetcuti, Antoine Saliba Haig and Marina Magri, drawing on the firm’s extensive experience advising on citizenship, residence and cross-border private client matters, as well as its long-standing involvement in EU law compliance for investment-linked migration programmes.

"Understanding how principles such as sincere cooperation and genuine links operate in practice is essential for Member States and applicants alike, particularly in light of increased judicial scrutiny.”
Marina Magri, Partner, Immigration & Global Mobility

Mondaq is a leading international platform for legal and regulatory commentary, relied upon by lawyers, in-house counsel, policymakers and professional advisors worldwide. Its readership analytics identify the most-engaged legal content across jurisdictions, industries and practice areas.

The Mondaq Thought Leadership Awards recognise authors whose publications achieve exceptional engagement based on verified readership data, rather than submissions or self-assessment. Awards are determined by analysing reader interaction across jurisdictions, topics and professional sectors during the relevant assessment period.

EU citizenship confers far-reaching rights, including free movement, residence and political participation, making national nationality decisions a matter of Union-wide legal significance. As Member States reassess investment-linked naturalisation models, authoritative legal analysis is essential to distinguish political narrative from binding EU law.

This recognition highlights the importance of practitioner-led scholarship in shaping informed debate on one of the European Union’s most legally and politically sensitive issues.

Chetcuti Cauchi’s Immigration, Citizenship and EU Law lawyers advise individuals, families, governments and stakeholders on the design, implementation and legal assessment of residence and citizenship frameworks within the European Union.

Our work includes advising on EU-compliant naturalisation models, assessing genuine link requirements, structuring residence-led pathways to citizenship, and providing strategic guidance on the interaction between national nationality laws and EU legal obligations. The team’s approach combines technical EU law analysis with practical experience in regulatory engagement and programme design.