In an interesting and important decision of the Court of Justice of the EU, sitting as a Grand Chamber in Commission v Malta (Citizenship by Investment) [2024] EUECJ C-181/23, the Court has found that Malta’s 2020 ‘investor citizenship’ scheme is incompatible with EU law, in particular with the principle of sincere cooperation enshrined in article 4(3) of the Treaty on European Union (‘TEU’) by which ‘the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties’, and citizenship of the Union at Article 20 of the Treaty on the Functioning of the European Union (‘TFEU’).
Global Feedback. The Court of Appeal reverses on the meaning of Aarhus Convention’s ‘relating to the environment’ in an interesting (if debatable, one imagines) textbook application of Treaty interpretation. Finds therefore no ‘Aarhus’ cost cap may be imposed in challenge to GHG impacts of UK-Australia free trade agreement. – Go Health Pro
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