Commissione europea c. Repubblica di Malta. La cittadinanza non è (più) in vendita

The judgment of the Court of Justice of the European Union of 29 April 2025, European Commission v. Republic of Malta (C-181/23), marks a turning point in the law of EU citizenship. By condemning the “citizenship by investment” scheme, the Court affirmed that Union citizenship cannot be treated as a tradable commodity, but rather as a common good and as the fundamental status of nationals of the Member States. Although the reasoning of the Court is not without ambiguities, the decision stands out for introducing the principle of “solidarity and good faith” as a new judicial limit to Member States’ discretion in matters of nationality, in place of the controversial genuine link criterion. The article examines the innovative content of the ruling, assesses its systemic implications for the relationship between national and European citizenship, and explores its potential consequences for the harmonisation of naturalisation criteria and for future case law, particularly regarding temporal effects and the recognition of rights for investors’ citizens.