The Golden Passport Program of Malta has been ruled illegal by the European Union’s highest court.
The European Commission took legal action years ago, arguing that Malta’s Golden Passport scheme is subject to several law violations, Schengen.News reports.
The Citizenship-by-Investment program of Malta offers citizenship to wealthy foreign nationals in exchange for financial investments and meeting some required requirements.
In addition, the European Union Court of Justice agreed with the European Commission when it comes to irregularities found in Malta’s Golden Passport scheme, as reported by Euronews.
It cannot be considered that actual residence on that territory was regarded by the Republic of Malta as constituting an essential criterion for the grant of the nationality of that member state under that scheme.
Malta Failed to Fulfil Its Obligations, Top Court Argued
The Court argued that by establishing and operating its golden passport program, Malta failed to fulfil its obligations under the EU treaties and ordered Malta to cover the costs of the case.
The decision went against a non-binding opinion by EU Advocate General, Anthony Michael Collins, last October, who had dismissed the European Commission’s concerns that the scheme weakened the EU’s integrity.
Member States have decided that it is for each of them alone to determine who is entitled to be one of their nationals and, as a consequence, who is an EU citizen.
The European Commission called on the European countries offering similar schemes to terminate them as soon as possible, following their involvement in irregular affairs such as money laundering, tax evasion and corruption.
European Countries Have the Right to Offer Golden Visa Programs
In October last year, the European Union Advocate General, Anthony Michael Collins, said that the EU countries have the right to sell citizenship through their Golden Passport Programsprovided they take steps to preserve their integrity via rigorous diligence.
Such comments were made by EU Advocate General Anthony Michael Collins in response to the Commission’s comments that Malta’s scheme violates the European Union Rules.
Back then, the Commission said that Malta’s Citizenship by Investment scheme, known as the Golden Passport Program, goes against Article 30 and Article 4 (3) of the EU constitution.
In October last year, Advocate General of the European Court of Justice, Anthony Michael Collins, delivered an opinion related to Malta’s Citizenship-by-Investment Scheme.
Collins made two points that also gave hope to other countries planning to sell citizenship through these programs.