30 April 2025
The EU Free Market Does Not Extend to Citizenship
In the landmark Commission v Malta judgment of 29 April 2025, the European Union Court of Justice outlawed the “commercialisation” of EU citizenship, closing a door for corrupt actors. The Grand Chamber judgment not only bars the Maltese practice at issue, but also casts doubt on the legality of citizenship grants under that and similar schemes, while raising legal arguments for would-be citizens to challenge discriminatory laws. Continue reading >>
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27 March 2025
Everything Comes at a Price
The sale of Union citizenship, which is at the heart of the case against Malta currently pending before the ECJ, has been the subject of feverish writing. With the Court’s judgment nearing, this short blogpost will, however, not opine on what the judgment should be. Instead, it considers the potential effects of a judgment that endorses the (ill-conceived) Opinion of AG Collins that Malta’s nationality by investment scheme does not conflict with EU law. Continue reading >>
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07 May 2024
3½ Myths about EU law on Citizenship for Sale
The sale of national and European Union citizenship understandably remains highly controversial. It seems arbitrary, perhaps even abject, to grant nationality in exchange for a monetary investment, when most people must wait years and overcome considerable hurdles before they can naturalize. As evidenced by three recent posts on the Verfassungsblog by Joseph H.H. Weiler, Merijn Chamon, and Lorin-Johannes Wagner, this question continues to divide EU law scholars. It is also a question that is still plagued by several myths about how EU law and, relatedly, international law, apply to CBI practices. This post discusses 3½ such myths. Continue reading >>
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