Status Tracker
- Judgment Expected: 29 April 2025
- Advocate General's Opinion Published (October 2024)
Key Legal Issues
- The competence of the European Union in matters of citizenship acquisition.
- The legal effect of the ‘genuine link’ doctrine on Member States' nationality decisions.
- The extent of national sovereignty under Article 9 TEU, Article 20(1) TFEU, and Declaration No. 2 on Nationality.
- The obligations of mutual recognition between Member States regarding the grant of nationality.
- Impact of the ruling on investor migration programmes in Europe and internationally.
Expected Outcome
Based on the highly-influential Advocate General’s Opinion – EC v Malta published in October 2024
AG Opinion on National Competence & Member State Sovereignty
The Advocate General’s opinion clearly supports Malta’s position that the Mediterranean member state should be allowed to serenely determine the rules on he acquisition and deprivation of Maltese citizenship within the Island's sovereign competence, subject to the limits applicable to the loss not acquisition of citizenship.
Legal Precedent on Genuine Links Requirement
The Advocate General’s opinion clearly supports Malta’s position that the Mediterranean member state should be allowed to serenely determine the rules on he acquisition and deprivation of Maltese citizenship within the Island's sovereign competence, subject to the limits applicable to the loss not acquisition of citizenship. The AG found evidence that disproves the EC’s contention that Malta grants citizenship without genuine links.
Our Publications and Insights
- Breaking News: CJEU Decision in EC v Malta (C-181/23) – Immediate Highlights (to be published D-Day).
- Full Legal Commentary: Citizenship by Investment and National Sovereignty Under EU Law (to be published 24–48 hours after judgment).
- Client Alerts and Sector Updates (to be added post-judgment).
Key Official Documents
- Advocate General’s Opinion – EC v Malta (October 2024)
- Final CJEU Judgment Text (to be linked once published at curia.europa.eu)
- European Commission Press Release (Background)
Impact and Practical Implications
- For Malta: Continued operation of the citizenship by investment offering with reinforced emphasis on residence and integration requirements.
- For Other Member States: Confirmation of national discretion in granting nationality, provided minimum substance requirements are respected.
- For Investors: Assurance that citizenship acquired under properly structured national programmes remains recognised EU-wide.
- For Investment Migration Industry: Clarification stabilising the legal environment for investor citizenship and residency pathways.
Frequently Asked Questions (FAQs)
What was the EC v Malta case about?
The case challenged whether Malta’s citizenship by investment scheme violated EU law requirements linked to nationality and genuine ties.
What did the Advocate General recommend?
The Advocate General's Opinion recommended dismissing the European Commission’s complaint, affirming Member State sovereignty over nationality rules.
Will citizenship by investment programmes continue?
If the Court follows the Advocate General’s reasoning, properly structured citizenship by investment programmes should remain legally valid in the EU.
What are the consequences for individuals holding citizenship by investment?
Citizens properly naturalised under national law continue to enjoy EU citizenship rights without further conditions.
About Our Expertise
With decades of experience in investment migration, EU law, and international mobility, our team at Chetcuti Cauchi Advocates has been at the forefront of advising governments, institutions, and private clients on citizenship and residence matters worldwide.
Learn more about our Immigration and Global Citizenship Practice.
