Issue link: https://maltatoday.uberflip.com/i/1528582
11 NEWS maltatoday | SUNDAY • 27 OCTOBER 2024 genuine link argument risks falling apart butions in fields such as science, arts, culture, sports, or econom- ics – the national Maltese foot- ball team has at least five such footballers in its starting 11. So, the question for Brussels is why; in pursuing its Malta challenge over the absence of a "genuine link" for golden pass- port holders, does it not raise the same alleged links of natu- ralised EU citizens who obtained citizenship by dint of their intel- lectual, non-economic contribu- tions. For this makes the latter mode of citizenship acquisition far more discretionary, reflecting the opportunistic gains of the granting state, without applying the same stringent due diligence procedures as those for CBI or golden passport applicants. And if CBI programmes are alleged to enable actors seeking new markets to further crimes of money laundering, tax evasion or corruption, how is this prob- lem of economic illegality even addressed in the case of the far higher number of blood-natural- ised citizens in the EU? 'Genuine link' a political choice In his opinion, the CJEU's Ad- vocate General explores the cen- tral point of contention around the existence and necessity of a "genuine link" between an indi- vidual and a member state for the granting of citizenship – which Brussels claims exists as a basis for mutual trust under- pinning EU citizenship; Malta refutes this requirement. The Commission argues that although member states deter- mine their nationality rules, EU law limits this competence to prevent actions undermining EU citizenship. By facilitating the grant of golden passports, Brussels says Malta compromis- es the integrity of EU citizenship and the principle of sincere co- operation. Malta defends the scheme as falling under its sovereign right to attract wealth and shape its national identity – a "prior gen- uine link" is a political choice, not an international or EU law obligation. The Advocate General con- cludes that neither EU law nor international law explicitly mandates a "genuine link" for granting nationality. While EU law restricts the arbitrary with- drawal of nationality and may consider a 'genuine link' in those situations, it doesn't impose such a requirement for acquir- ing nationality. "EU law does not define, much less require, the existence of such a link… in order to acquire or to retain that nationality." The Advocate General's Opin- ion, while not binding, carries significant weight. The Opinion favours Malta, emphasising the lack of an explicit "genuine link" requirement in EU law for ac- quiring citizenship. This could potentially have ramifications for other member states with similar citizenship schemes. However, the Court is not obliged to follow the Advocate General's Opinion. Bruno L'Ecuyer