EU Advocate General Supports Malta’s Golden Passport Scheme

Image Source : Cyprus Mail

In a significant development, the European Union’s Advocate General, Anthony Collins, has ruled in favor of Malta’s contentious golden passport scheme. The scheme, which allows non-EU nationals to obtain Maltese citizenship through substantial financial investments, has been at the center of a heated legal battle between the European Commission and Malta.

The Advocate General’s opinion, although non-binding, carries considerable weight and is seen as a crucial step before the European Court of Justice’s final decision. Collins rejected the Commission’s argument that EU rules require a “genuine link” between the applicant and the member state granting citizenship. Instead, he emphasized that nationality falls under individual member states’ sovereignty, allowing them to set their own conditions for granting citizenship.

Malta’s “Citizenship by Naturalisation for Exceptional Services by Direct Investment” scheme, introduced in 2014 and amended in 2020, has faced intense criticism from within and outside Malta. The European Commission challenged the scheme, citing alleged violations of EU law, specifically Article 20 of the Treaty on the Functioning of the European Union (TFEU).

However, Collins concluded that the Commission failed to prove that EU law imposes an obligation for a genuine link. He noted that while EU law governs many aspects of citizenship, it does not define specific conditions for acquiring it, leaving these decisions to national governments.

The Maltese government welcomed the Advocate General’s opinion, expressing optimism and viewing it as validation of their stance. Home Affairs Minister Byron Camilleri emphasized that citizenship remains a matter of national competence, and the government will continue to work in the country’s best interest.

The golden passport scheme requires applicants to purchase property, invest in Maltese assets, and make significant donations to the National Development and Social Fund. Critics argue that this undermines the integrity of EU citizenship, while proponents see it as a vital economic tool.

As the European Court of Justice prepares to deliver its final judgment, the Advocate General’s opinion marks a significant milestone in the case. The outcome will have far-reaching implications for Malta’s citizenship-by-investment program and potentially influence similar schemes across the EU.