L'attribuzione della cittadinanza per investimento alla luce della sentenza Commissione c. Malta

This article investigates the reasoning of the judgment rendered on 29 April 2025 by the Grand Chamber of the Court of Justice of the European Union in the case C-181/23 Commission v. Malta, where it was ruled that citizenship-by-investment programmes (CBI, golden passport) under which citizenship is conferred through a commercial transaction violate Article 20 TFEU and Article 4(3) TEU. While the outcome of that decision may be regarded as politically acceptable, the argumentative path followed by the Court should be critically appraised. Notably, the CJEU departed from the arguments made by both parties, by developing an independent line of reasoning that does not rely on the concept of a genuine link as understood in general international law. The CJEU rather preferred to rely exclusively on the principles of solidarity and good faith within the EU legal framework. This comment takes also into account the possible impact of the judgment on the broader legal framework governing nationality laws of Member States.