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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09 October 2024
Concise, Clear, and Convincing
While the rhetorical battle over citizenship by investment has been won by the EU institutions, its legal success is still up for debate. Last week Advocate General Collins delivered his much-anticipated Opinion in Commission v Malta, proposing that the Court dismisses the Commission’s challenge in a concise, clear, and, as I will explain, convincing legal opinion. 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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