A milestone statement of the General Advocate of the Court of Justice of the European Union
One of the biggest hits for the reputation of the European Commission, ironically, may come from the smallest EU member state – Malta. The official opinion of the Advocate General of the Court of Justice of the European Union (CJEU), Michael Collins, has shaken the world of EU investment citizenship. While the opinion is non-binding for the CJEU, it is now widely expected that the ruling of the court may well be in line with the opinion of the Advocate General. And if this is to happen, then the EU Commission will not only have to pay all court fees and the fees to the government of Malta. Most importantly, the EU Commission will be humiliated for having harassed Malta, Bulgaria and Cyprus for something that may well be declared legal by the CJEU.
Malta was brave enough not to give in to pressure from the European Commission. And now it looks like David will indeed slay Goliath…
Advocate General’s opinion gives Bulgarian Golden Visa a big boost
In the meantime, the Bulgarian Golden Visa program got a big boost after the opinion of the Advocate General. It is clear that if the CJEU upholds the Advocate General’s position, the EU’s golden passport programmes will definitely make a comeback. And at that stage, the Bulgarian Golden Visa holders will be in a very favourable position. This is because they may be able to obtain Bulgarian citizenship earlier than expected. And all this on top of the already existing Bulgarian Golden Visa holders right for free movement in the Schengen area.
The European Commission vs Malta (0:1)
Basically, the Advocate General opinion is saying that each EU member state is almost fully independent on its citizenship matters. An important reminder is that the “EU has had the choice to pool their competences and to confer on the European Union the power to determine who may become an EU citizen. They have chosen not to do so.” (opinion par. 44)
All in all, the final conclusion of the Advocate General is that:
In the light of the foregoing considerations, I propose that the Court:
- dismiss the Commission’s action;
- order the Commission to pay its costs and those of the Republic of Malta.
Huge blow for the legal competence of the European Commission
Should the opinion of the Advocate General be confirmed by the CJEU in its pending court decision, this will be probably the hardest blow for the European Commission’s reputation. EU citizenship is the building block of the European Union. It has to be absolutely clear who is eligible to become a citizen of the EU and whether there are any obstacles to the competences of the individual Member States. The damage that the European Commission did with its policy of demonising the Golden Passport programs is beyond comprehension. If it indeed happens so that the CJEU rules that the Maltese investment citizenship program is compliant with EU legislation, we hope to see some serious resignations in the European Commission, starting at the very top. Because democracy is about taking responsibilities. And only paying the court fees from the pockets of the EU citizens isn’t exactly “taking responsibilities”.
In all cases we have to see what the final decision of the CJEU will be. Should it be as we expect it to be, namely that Malta didn’t breach EU laws, we expect rebirth of the Bulgarian citizenship by investment program.