26 May 2025
Fury and Surprise Anchored in Dogmas and Myths
The Court of Justice’s judgment in Commission v Malta has created quite some upheaval. That the judgment has caught so many legal commentators wrong-footed can be attributed to the fact that both sides overwhelmingly come from the premise that Member States are sovereign to decide who their nationals are and that there is no such thing as a genuine link requirement for nationality. This blog takes a closer look at these alleged certainties, and sets out why the judgment is not that surprising at all – lifting the veil of untenable dogmas and mystifications that have surrounded Declaration No 2 and the Court’s Micheletti judgment for too long along the way. Continue reading >>
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01 April 2022
Letters from Brussels with Love and the Issue of Mutual Trust in Nationality Matters
In a recent article on this blog, I have set out that the spotlight will soon be turning on the European passportization of Russian oligarchs. And well, what shall I say, it did not take long for the Commission to come out swinging. In a recommendation issued on March 28, the Commission urged “Member States to immediately repeal any existing investor citizenship schemes and to ensure strong checks are in place to address the risks posed by investor residence schemes”. Continue reading >>
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18 March 2022
Not the Time for Carrots?
Issuing ‘golden’ passports and residence permits to non-Europeans in return for investment in their national economy has always been controversial. Now with the Russian invasion of Ukraine, these deals have attracted new attention. Since Russians account for a significant share of the customers, there have been widespread calls, including from the European Parliament, for an end to this practice. Can the EU do anything about this? Continue reading >>
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18 March 2022