In its ruling, the CJEU found Malta cannot offer the golden passport program because it “amounts to the commercialisation of the granting of the status of national of a Member State and, by extension, Union citizenship,” and so is not compatible with the nature of E.U. citizenship. Once buyers have Maltese citizenship, they technically have E.U. citizenship, and can work, travel, and live freely among the 27 member states.
“A Member State cannot grant its nationality – and indeed European citizenship – in exchange for predetermined payments or investments, as this essentially amounts to rendering the acquisition of
nationality a mere commercial transaction,” the court ruled. “Such a practice does not make it possible to establish the necessary bond of solidarity and good faith between a Member State and its citizens.”
Now, Malta must amend its law and repeal the provision allowing the sale of citizenship, says Eka Rostomashvili, campaign lead on corrupt money flows at Transparency International, an anti-corruption organization that does not support the investment schemes.
Malta’s government said it would comply with the order, and that those who previously attained citizenship through the program would not be affected.
The news comes as President Donald Trump advocates for a so-called gold card in the U.S. For the price of $5 million the president has proposed allowing wealthy foreigners to gain U.S. residency and a path to citizenship.
While citizenship is no longer for sale, the ruling does not ban golden visa programs, or residency by investment, says Rostomashvili. These programs, which were adopted by many more countries than the citizenship schemes, still exist across the E.U., and are popular with people from all over the world, including the U.S.
