2025: Malta’s Citizenship Case Edges Closer to Verdict

Sovereignty Test for the EU

“The final verdict, expected soon this year, could have significant implications for CBI schemes across Europe, potentially reshaping the balance between national sovereignty and EU integration.”

The ongoing legal battle between Malta and the European Commission centres on Malta’s Citizenship by Investment (CBI) Programme, which offers citizenship in exchange for investments of approximately €1 million. The European Commission claims the programme undermines EU citizenship by granting nationality without a ‘genuine link’ to Malta, violating EU law and eroding trust among member states. Key arguments include the lack of physical presence requirements and the Commission’s emphasis on ensuring EU citizenship aligns with shared European values.

Malta defends its programme, asserting national sovereignty over citizenship laws and highlighting the role of economic investment as a genuine link. Rigorous compliance mechanisms, historical precedents, and the principle of conferral—limiting EU authority to explicitly delegated areas—are central to Malta’s case.

On 3 October 2024, Advocate General Collins recommended dismissing the Commission’s action, affirming member states’ exclusive right to determine nationality unless it compromises EU principles. While non-binding, this opinion reflects positively on Malta’s position, suggesting its programme does not violate EU law.

The final verdict, expected soon this year, could have significant implications for CBI schemes across Europe, potentially reshaping the balance between national sovereignty and EU integration.

IMGW News has provided extensive coverage of this case right from its inception. For more details, we suggest reading the following articles:

1. Exclusive Interview with Malta’s Deputy PM: From Diplomacy to Investment Migration in the EU’s Smallest State
2. Updated: EU vs. Malta Citizenship by Investment Programme Hearing Scheduled for 17 June
3. EU vs. Malta: Highlights from the 17th June Hearing on Citizenship by Investment Programme
4. Updated: EC vs. Malta Citizenship Case – AG Opinion Due October 4, 2024
5. Malta Citizenship Case Recommended for Dismissal, Final Verdict by 2025 – Advocate General’s Opinion Update