Commission has failed to prove that EU rules on citizenship require that a ‘genuine link’: Advocate General Anthony Michael Collins

Today, Advocate General Anthony Michael Collins delivered his Opinion in the case of Commission v Malta , concerning the national legislative framework on the acquisition of citizenship-by-investment.

The Government of Malta welcomes the Advocate General’s positive opinion, which recommends that the Court of Justice of the European Union dismiss the European Commission’s action. The Government is encouraged by the Advocate-General’s recognition of several key arguments advanced by Malta before the Court of Justice.

While encouraged by this development, the Government will continue its detailed assessment of the Opinion to ensure a comprehensive understanding of its potential implications.

It is important to note that the Advocate General’s Opinions are advisory and not legally binding on the Court of Justice. Advocates General provide independent legal solutions to the cases they handle, and their opinions serve as recommendations to the Court.

In this respect, the Government now awaits the final judgment to be delivered by the Court of Justice at a later date.

The Minister for Home Affairs, Security, and Employment, Byron Camilleri, expressed satisfaction with the opinion of Advocate General Collins, which reflects the same or similar arguments that Malta has advanced in recent years. This follows sustained efforts to ensure that citizenship remains within the national sphere of competence. While we await the final judgment, this is a step in the right direction. We will continue working in the best interest of our country.