May 02, 2025. We wish to inform you of a landmark ruling issued this week by the Court of Justice of the European Union (CJEU) concerning Malta’s Citizenship by Investment program, often referred to as a “golden passport” plan.
The court ruled that Malta’s program – through which individuals could acquire Maltese (and thereby EU) citizenship by making qualifying investments – is incompatible with EU law. According to the court, this model amounts to a “commercialisation of the status of national of a Member State”, which undermines the principles of Union citizenship and sincere cooperation among EU Member States.
Key Takeaways:
• The CJEU has ordered Malta to terminate its “Malta Naturalisation for Exceptional Services by Direct Investment Regulations” citizenship by investment program.
• The ruling emphasized that citizenship cannot be sold and must reflect a genuine connection to the country.
• The EU Commission’s long-standing opposition was upheld, as the court stated Malta failed to meet its obligations under the EU Treaties.
Malta’s Response:
The Government of Malta has issued a public statement affirming that it respects the court’s decision and is currently reviewing the legal implications. Importantly, the government clarified that:
• All decisions taken under the current and previous legal framework remain valid.
• A detailed review is underway to bring future procedures in line with the ruling.
What This Means for You:
While the long-term future of the program remains uncertain, we would like to share a few important observations:
• We expect that any applications already in progress may be grandfathered in, as is typically the case when programs are revised or closed.
• We anticipate a sharp rise in last-minute applications from individuals seeking to secure eligibility under the current rules.
• If you have been considering the Malta Citizenship by Investment program and believe it is the right path for you, we strongly encourage you to take immediate action.
Please contact us today to initiate your file or to ask any questions you may have. As always, we appreciate the opportunity to be of service.
