EU Court of Justice finds Malta ‘golden passports’ scheme incompatible with EU law – EJIL: Talk! – Go Health Pro

EU Court of Justice finds Malta ‘golden passports’ scheme incompatible with EU law – EJIL: Talk! – Go Health Pro

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’).

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Op-Ed: “The End of Citizenship for sale? a legal turning Point in Commission v. Malta (C-181/23)” – Go Health Pro

Op-Ed: “The End of Citizenship for sale? a legal turning Point in Commission v. Malta (C-181/23)” – Go Health Pro

The Grand Chamber’s judgment in Commission v. Malta (C-181/23), delivered on 29 April 2025, marks a decisive step in the European Union’s effort to uphold the integrity of Union citizenship. The Court of Justice held that Malta violated Articles 20 TFEU and 4(3) TEU by operating an investor citizenship scheme that granted nationality in exchange … Read more