On October 4, 2024, the Advocate General issued a pivotal opinion supporting Malta’s Citizenship by Investment (CBI) program. This development represents a significant milestone for Malta and other European Union (EU) nations that implement or aim to introduce similar initiatives. It underscores Malta’s sovereign authority to grant citizenship without requiring applicants to demonstrate a “genuine link” to the state.

The Advocate General determined that the European Commission failed to establish that EU law (Article 20 TFEU) necessitates such a connection. This viewpoint reinforces Malta’s long-held stance that defining citizenship criteria lies within national discretion. Although non-binding, the Advocate General’s opinions often influence the European Court of Justice (ECJ), which is expected to deliver its final ruling later in 2024 or early 2025.

Key Takeaways from the Advocate General’s Opinion

The Advocate General asserted that the European Commission had not proven that granting citizenship under EU law requires a “genuine” or “prior genuine” link   between an individual and a Member State. The Commission’s primary argument rested on the notion that EU citizenship should not be awarded without such a connection.

However, the Advocate General clarified that the need for a genuine link is a presumption, not a legal requirement. He emphasized that the Commission must demonstrate a violation of EU law rather than rely on assumptions. Additionally, he affirmed that the EU does not possess the authority to legislate citizenship criteria based on a genuine link, leaving such decisions to individual nations.

Broader Implications of the Advocate General’s Opinion

Upholding National Sovereignty

The opinion underscores Malta’s right to establish its own citizenship policies without interference from EU law. It also reinforces the principle that citizenship matters fall within national jurisdiction, giving other EU Member States the freedom to adopt policies aligned with their interests. For Malta, this means continued stability and confidence in its Citizenship by Investment program, ensuring seamless processing for current and future applicants.

Opportunities for Other EU Nations

This opinion may encourage more EU countries to consider implementing Citizenship or Residency by Investment (CBI/RBI) programs. As a result, it could drive economic diversification and attract foreign investment across Europe, promoting balanced growth and new opportunities.

Enhanced Due Diligence and Program Integrity

Malta is recognized for its rigorous due diligence practices in administering its CBI program. The Advocate General’s opinion could inspire other nations to follow suit, adopting stringent vetting procedures to maintain high standards. Over time, this may lead to more consistent and reliable practices across the EU, ensuring integrity in investment-based immigration programs.

See the Opinion of the Advocate General 

Conclusion

The Advocate General’s opinion marks a significant victory for Malta, reinforcing its autonomy to govern citizenship matters independently of EU-imposed conditions. It strengthens Malta’s CBI program, bolsters its economy, and sets a precedent for other Member States to assert their national sovereignty. As the European Court of Justice prepares its final ruling, Malta’s position remains firmly supported, ensuring stability and confidence in its investment and immigration policies.