Malta Tables Bill to Amend the Maltese Citizenship Act following CJEU Ruling

In EC v Malta, the CJEU held that while nationality remains within the competence of Member States under Article 4(2) TEU, its exercise must comply with EU law, particularly where it impacts Union citizenship under Article 20 TFEU. The Court found that Malta’s prior legal framework allowed for the acquisition of Union citizenship without ensuring a genuine link between the applicant and the Member State. The judgment did not contest the concept of naturalisation on the basis of exceptional services but underscored that such procedures must not permit a commercialisation of European Union citizenship, affecting the essence of Union citizenship or the principle of sincere cooperation under Article 4(3) TEU.

Commenting on the tabling of the Maltese citizenship bill, a spokesperson for the Home Affairs Ministry, stated:

This marks the first reading in Parliament, paving the way for amendments that will comply with the European Union Court's judgment in Case C-181/23, Commission v. Malta, honouring the judgment.

The full text of the bill containing the proposed amendments has not yet been made public, in line with standard procedure for first readings in Parliament. However Malta has made clear official pronouncements that the Government of Malta respects the decision of the courts and would study the legal implications of this judgment, "so that the regulatory framework on citizenship can then be brought in line with the principles outlined in the judgment". (Malta Government Press Release, 29 April 2025)

As discussed in my earlier commentary on EC v Malta, the CJEU’s judgment does not prohibit naturalisation for exceptional services per se but requires that such naturalisation is not commercialised.

The presentation of Motion No. 381 marks the first formal step in the legislative process to bring Malta’s nationality law in line with this interpretation. While the Bill has not yet been published, it is anticipated that the forthcoming amendments will:

• Eliminate all elements that were prone to commercialisation of any path to Maltese citizenship and therefore European citizenship.
• Revise any rules that shorten the default path to citizenship by the payment of a fixed extra payment, flagged by the European Court as evidence of commercialisation of citizenship.
• Protect against acts denigrating the value of Maltese and European citizenship.

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