BRUSSELS 4 Oct. () –
The Advocate General of the EU Anthony Collins supported this Friday that it is up to the Member States to decide who has the right and in compliance with what requirements to obtain their nationality.
In his conclusions, Collins proposes that the Court of Justice of the EU (CJEU) declare that the Commission has not demonstrated that, in order to legally grant citizenship, Union Law requires that there be a “real” or “prior real link”. “between a Member State and an individual other than as required by national law.
Following an amendment to the Maltese Citizenship Act in July 2020, the Republic of Malta adopted legislation that included “the scheme of Maltese citizenship by naturalization for exceptional services for direct investments”, which allowed foreign investors to apply for naturalization if they met a series of requirements, mainly of an economic nature.
The opinions of the advocates general are not binding on the European High Court, which, however, follows in its rulings the line set by the conclusions in the vast majority of cases.
According to the Advocate General, the declaration relating to the nationality of a Member State, annexed to the Final Act of the Treaty on European Union, reflects the view of the Member States that their respective conceptions of nationality affect the very essence of their sovereignty and their national identity, which they have no intention of sharing.
It follows that the Member States decided that it is solely up to each of them to determine who has the right to be one of their nationals and, therefore, who is an EU citizen.
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