Malta's 'golden passport' program, overseen by the EU, has been deemed unlawful by the supreme court.
Malta's 'Golden Passport' Scheme Nixed by EU Court
Got a sweet deal for that Maltese passport, allowing you rights across the EU? Think again, buddy! The European Court of Justice (ECJ) has nixed Malta's controversial 'golden passport' scheme, deeming it a breach of EU law.
This scheme permits foreigners to grab a Maltese passport, offering access to live and work across the EU, with a hefty minimum investment of €600,000, property acquisition or rental, and a charitable donation. Sounds like a breeze, right? Not anymore!
The ECJ declared that such a program directly reduces citizenship to a mere commercial transaction. The EU Commission (yeah, them guys) took Malta to court over this issue in 2022.
Malta's government maintains its composure, stating that it respects the ruling and will carefully scrutinize its legal implications. They'll tweak the citizenship-by-investment program to ensure it aligns with the court's judgment, while insisting that citizenship matters remain a national competence.
Money, money, money! The government boasts that the controversial scheme has yielded over €1.4 billion since its inception in 2015, funding a national savings and investment initiative for future generations. Yeah, you read that right - billions on a program now illegal!
But wait! The EU's Court of Justice has ruled that granting nationality in exchange for predetermined investments turns citizenship into a commercial transaction, incompatible with EU law. Oops!
While EU countries can control their own nationality rules, the court maintained that Malta's scheme compromises mutual trust among member states. Watch out, Malta, or you'll face fines if you fail to comply with the ruling.
The court's decision contradicts an earlier opinion by Advocate General Anthony Collins, who argued that EU law does not demand a 'genuine link.' The court, however, disagreed and brought an end to the program.
Malta sprouts annoyance, blaming the court for overlooking the advocate general's advice. Oh, and by the way, other EU states run similar schemes too! Shrugs shoulders This dissenting nation even halted applications from Russians and Belarusians in 2022 due to growing EU concerns over security, corruption, and financial crime risks.
Well, there you have it! The Maltese Exceptional Investor Naturalisation (MEIN) program has been invalidated by the ECJ as of April 29, 2025. The court's decision sets a significant legal precedent against such programs within the EU.
On the bright side, fear not! Malta's separate residency-by-investment program (Malta Permanent Residence Programme, MPRP) remains active and has recently been updated to boost competitiveness and flexibility[2][4].
In summary, the ECJ has stuck it to Malta's 'golden passport' scheme, declaring it a no-go due to breaches of EU law principles. This ruling marks a critical legal milestone against similar programs inside the EU[1][3][5].
[1] Maltese Exceptional Investor Naturalisation (MEIN) ruling overturned by the European Court of Justice[2] Malta Permanent Residence Programme (MPRP) updates announced in January 2025[3] The European Union's stance on 'golden passport' schemes[4] Risks and benefits of 'golden passport' schemes within the EU context[5] The impact of MEIN's ruling on Malta's 'national competence' claims in relation to citizenship decisions
- The European Court of Justice's (ECJ) decision against Malta's 'Golden Passport' scheme raises questions about the intersection of business, finance, and politics, as it highlights the potential for such schemes to compromise mutual trust among EU member states.
- The invalidation of Malta's Maltese Exceptional Investor Naturalisation (MEIN) program by the EU Court of Justice not only impacts the general-news landscape of Malta but also sets a crucial legal precedent within the EU regarding 'golden passport' schemes and their compatibility with EU law.
