Henley & Partners Responds to European Court of Justice Ruling on Malta's Citizenship Program
LONDON, /CNW/ -- Henley & Partners is disappointed by the characterization of Malta's citizenship program as an infringement of EU law or a "commercialization" of citizenship, as laid out in today's highly politicalised judgment by the European Court of Justice (ECJ).
This ruling marks the conclusion of a case brought by the European Commission in March 2023. This case alleged that Malta's citizenship by investment program violated the principle of sincere cooperation (a vague principle in EU law) and supposedly undermined the integrity of EU citizenship. However, the EU Commission, and now the ECJ's reasoning, lacks a solid foundation in EU law, as many leading legal scholars and the Court's own Advocate General have pointed out prior to today's ruling.
Indeed, there is a stark contrast to the thoughtful and legally grounded opinion of the Advocate General, the ECJ's lead judge, who concluded that the Maltese program did not infringe EU law and that the EU Commission had no case. The Court has now reversed course by a staggering 180 degrees and issued a judgement that appears politically motivated, as the reasoning provided by the court is tenuous at best. This undermines judicial consistency and confirms serious concerns about the increasing politicization of the EU's legal institutions. It also undermines two of the most important values of the EU itself, democratic legitimisation and rule of law.
Dr. Christian H. Kälin, Chairman of Henley & Partners, says "the idea that investment migration undermines solidarity within the EU is not only unfounded but reflects a troubling misunderstanding of the socio-economic role these programs play. Malta's framework exemplifies responsible nation-building — not opportunism. There are countless and major historic examples in Europe and elsewhere in the world. Rather than rejecting investment migration, the EU should focus on enhancing due diligence and harmonizing regulatory oversight to attract the right people to the Union who can contribute significantly and bring private investment, talent and entrepreneurship, which is urgently needed in Europe."
He added that this judgment should not close the door to a more rational, fact-based conversation about the role of investment migration within the European project. Respecting national competences and fostering economic resilience — especially in smaller Member States — should be seen as part of a unified but diverse Europe.
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