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Published:
16.7.2025
Last Updated:
31.7.2025

Maltese Citizenship Act Amendments to comply with European Court Judgement

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Summary

Bill No. 140 of 2025 to formally align Maltese Citizenship law with European Court's decision in EC vs Malta.

On 16July 2025, the Government of Malta published Bill No. 140 of 2025, formally bringing its Citizenship rules in line with European law, evolving away from the investment-based naturalisation route.

Earlier today, Malta published the full draft of the Maltese Citizenship (Amendment) Bill abolishing the 2020 regulations that featured transactional elements struck down by the CJEU’s April 2025 ruling in EC v Malta.

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what's inside

Bill No. 140 of 2025 to formally align Maltese Citizenship law with European Court's decision in EC vs Malta.

On 16July 2025, the Government of Malta published Bill No. 140 of 2025, formally bringing its Citizenship rules in line with European law, evolving away from the investment-based naturalisation route.

Earlier today, Malta published the full draft of the Maltese Citizenship (Amendment) Bill abolishing the 2020 regulations that featured transactional elements struck down by the CJEU’s April 2025 ruling in EC v Malta.

Key Legal Issues

Bill No. 140 of 2025 formally brings Maltese Citizenship rules in line with European law. Moving away from the investment-based naturalisation route, the bill effectively closes Malta's successful yet controversial experience with citizenship by investment, leaving in place the existing citizenship by merit rules that had been introduced in 2017.

The Maltese Citizenship (Amendment) Bill effectively abolishes the 2020 regulations that featured transactional elements struck down by the CJEU’s April 2025 ruling in EC v Malta.

🔗 Read the full Bill: www.parlament.mt/media/134923/bill-140-maltese-citizenship-amendment-bill.pdf

Legal Alignment with CJEU Jurisprudence

As outlined in our previous commentary on EC v Malta, the Court of Justice of the European Union ruled in April 2025 that Malta’s earlier model for granting citizenship against a defined financial contribution is in breach of EU Treaties. The new Bill is Malta’s formal legislative response to this judgment.

The reform aligns Malta’s legal position with the CJEU’s ruling in EC v Malta, where the Court emphasised that nationality decisions must not undermine the substance of EU citizenship. The new merit-based model removes financial thresholds and substitutes them with a discretionary assessment based on individual merit, integration, and public interest.

National Sovereignty in Matters of Citizenship

As noted in our earlier legal insight on member state sovereignty in citizenship matters, while the CJEU required Member States to exercise that competence in good faith and in line with Article 20 TFEU and the principle of sincere cooperation under Article 4(3) TEU, it also affirmed Member State sovereignty in nationality matters

Legislative Process and Next Steps

The Bill is now formally published and proceeds to the Second Reading and Committee Stage. The new framework opens up a principled and structured path to Maltese citizenship for individuals and families who have demonstrated exceptional merit and commitment to the Maltese national interest. It presents a unique opportunity for globally active families—particularly those contributing to the fields of science, education, innovation, culture, or national service—who wish to pursue naturalisation under a transparent and EU-compliant legal framework.

At Chetcuti Cauchi Advocates, we continue to analyse the implications of this legislative transition and advise our clients on strategic pathways to naturalisation under the revised framework.

Our Global Citizenship Practice

Chetcuti Cauchi's acclaimed Immigration and Global Citizenship law practice offers seamless and holistic legal and tax advisory services in relationship to the acquisition of Maltese Citizenship:

  • advising you on your eligibility before filing a citizenship application;
  • providing you with pre-immigration legal and tax advice;
  • guiding you with the preparation and forwarding of the necessary documentation;
  • vetting and preparing all supporting documentation for submission;
  • assisting you with the purchase / rental of property in Malta including applications for AIP permits (foreigners need AIP permit to purchase property in Malta), reviews of your contract, liaising with the notary.

Copyright © 2025 Chetcuti Cauchi. This document is for informational purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking any action based on the contents of this document. Chetcuti Cauchi disclaims any liability for actions taken based on the information provided. Reproduction of reasonable portions of the content is permitted for non-commercial purposes, provided proper attribution is given and the content is not altered or presented in a false light.

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