The End of Citizenship for Sale? A Legal Turning Point in Commission v. Malta (C-181/23)

The Court of Justice’s judgment in Commission v. Malta (C-181/23) marks a constitutional turning point in the European Union’s approach to investor citizenship schemes. Ruling that Malta violated Articles 20 TFEU and 4(3) TEU by granting nationality in exchange for financial contributions absent meaningful personal ties, the Court rejected the transactional logic underpinning the scheme as incompatible with the essence of Union citizenship. This article explores how the Court, while avoiding reliance on the contested doctrine of a “genuine link,” instead anchors its reasoning in the EU’s foundational principles—mutual trust, sincere cooperation, and the non-commodifiable nature of Union citizenship. By framing Union citizenship as a political status rooted in integration rather than market logic, the judgment reinforces the legal boundaries of Member State discretion and affirms the Union’s commitment to the coherence and integrity of its shared legal and democratic space.