The price of EU citizenship. The Maltese citizenship-for-sale affair: A breakthrough for sincere cooperation in citizenship of the Union?

Authors

  • Sergio Carrera Núñez
  • Guayasén Marrero González

Keywords:

European citizenship, Citizenship, Investor citizenship programme, Genuine link, Sincere cooperation

Abstract

How much does European citizenship cost in the EU? This was the question that has raised so much controversy over the 2013 Maltese citizenship-for-sale programme. The outright selling of Maltese nationality to rich foreigners led to unprecedented responses by the European Parliament and European Commission. This paper examines the affair and its relevance for current and future configurations of citizenship of the EU. It studies the extent to which member states are still free to lay down the grounds for the acquisition and loss of nationality without any EU supervision and accountability. It provides a comparative overview of member state schemes. It is argued that the EU’s intervention on the Maltese citizenship-for-sale affair constitutes a legal precedent for assessing the lawfulness of passport-for-sale or golden migration programmes in other EU member states. The affair has also revealed the increasing relevance of a set of European and international legal principles limiting member states’ discretion over citizenship matters and providing a supranational constellation of accountability venues scrutinising the impact of their decisions over citizenship of the Union. The Maltese citizenship-for-sale affair has placed at the forefront the EU general principle of sincere cooperation in nationality matters. Member states’ actions in the citizenship domain cannot negatively affect in substance the concept and freedoms of European citizenship. 

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Issue

No. 49 (2014): septiembre-diciembre

Section

STUDIES

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