The European Commission has been unable to prove that EU citizenship rules require a “genuine” or “prior genuine link” to grant citizenship, according to the EU’s Advocate General, marking a key development in the legal battle between Malta and the Commission over Malta’s golden passport scheme.

The Advocate General rejected the Commission’s arguments in what is seen as a crucial step before the European Court of Justice issues its final ruling on the matter.

Advocate General Anthony Collins emphasized that the decision to grant citizenship remains under the sovereignty of individual EU member states. While his opinion is not legally binding, it holds significant influence over the Court’s final judgment, expected at a later date.

In response, the Maltese government welcomed the opinion, expressing optimism about the outcome.

Malta’s ‘Citizenship by Naturalisation for Exceptional Services by Direct Investment’ scheme, amended in 2020, allows non-EU nationals to gain Maltese citizenship through substantial financial contributions, including property purchases and donations to national funds.

The programme has faced criticism, and the European Commission launched a legal challenge, arguing that Malta’s scheme violates Article 20 of the Treaty on the Functioning of the European Union (TFEU) by granting citizenship without a genuine link to Malta.

However, the Advocate General stated that EU law does not explicitly impose such a requirement. National governments retain the authority to set citizenship conditions, as long as they comply with their own legislation.

Malta’s Home Affairs Minister, Byron Camilleri, welcomed the opinion, calling it a positive step and affirming Malta’s stance on national sovereignty regarding citizenship decisions.

#MaltaDaily