EU citizenship redefined after Court of Justice ruling on Malta

Key Takeaways

• Commission v. Malta case ruled Malta’s citizenship by investment program illegal, shaping stricter EU citizenship criteria.
• In 2023, 1.1 million acquired EU citizenship; Spain, Italy, and Germany issued most new passports, mainly to non-EU nationals.
• Some member states increase residency years and requirements, while others, like Germany, have eased paths to naturalization.

The nature and meaning of EU citizenship are changing quickly across Europe 🇪🇺. Many experts now talk about a “New Essentialism.” This is a shift in how people see and give out EU citizenship. It goes deeper than just law—it’s about what it truly means to be part of the European Union. Decisions by the Court of Justice of the European Union (CJEU) and national governments are changing the rules and expectations for those who want citizenship, for member countries, and for the European Union 🇪🇺 as a whole.

This article explains these changes in detail. It looks at data, recent court decisions, debates over citizenship by investment, and the tension between stricter and more open paths to citizenship. For those considering or affected by EU citizenship, it’s important to know these shifts and what they mean for the future.

Introduction to the Changing Idea of EU Citizenship

EU citizenship isn’t just a legal status anymore. In the past, getting citizenship was mainly about meeting certain legal rules—like living in a country for a certain number of years, learning the language, or having family ties. Now, several scholars and judges think EU citizenship requires more than just following these rules. They say it must show a real connection between a person and the country—such as sharing values, being part of the local community, or acting in “good faith.”

This new way of thinking, called the “New Essentialism,” is important for people who want to become citizens, for EU member countries, and for the European Union 🇪🇺 itself. It means that becoming and being an EU citizen might now require showing more than just paperwork—it could involve a personal bond with the country and with other Europeans.

The Role of the Court of Justice of the European Union

A major moment in this change happened recently with a case called Commission v. Malta. The Court of Justice of the European Union ruled that Malta’s citizenship by investment program broke EU laws. This kind of program lets people become citizens if they pay a large sum of money, even if they don’t really live in Malta 🇲🇹 or have ties to it.

The Court said this made citizenship seem like something you could just buy. According to the judges, “the commercialization of the granting of the status of national of a Member State and, by extension, Union citizenship” is not acceptable. This is a big step away from seeing citizenship as only a legal status. Instead, the Court now wants citizenship to stand for a deeper connection—what they called “solidarity and good faith” at the EU level. This ruling could affect thousands of people who got their citizenship through such investment programs, putting their status in question.

According to analysis from VisaVerge.com, this shift pushes all EU countries to rethink how they give citizenship—making sure there’s a real link between the person and the country, not just a fee or simple legal steps.

Recent Data on EU Citizenship Acquisition

Amid these legal shifts, millions continue to seek EU citizenship every year. In 2023, about 1.1 million people became citizens in EU countries where they lived, according to Eurostat. This was a 6.1% increase from the year before. The large majority—87.6%—were people from outside the EU, while 10.7% were from other EU countries.

Among all EU countries, Spain 🇪🇸 gave the most new citizenships in 2023 with 22.9%, followed closely by Italy 🇮🇹 at 20.3% and Germany 🇩🇪 at 19.0%. The largest groups getting citizenship were Syrian nationals (107,500), Moroccan nationals (106,500), and Albanians (44,400).

This table describes the data on new EU citizenships in 2023:

This shows that some countries are much more likely to grant citizenship than others, often depending on their national laws, historical ties, and the number of people living there from outside the EU.

Changing Rules and the Split Between Strict and Open Citizenship

Members of the European Union 🇪🇺 are moving in very different directions when it comes to their rules for handing out citizenship. Some countries are making it harder to become a citizen, while others are making it easier.

The Restrictive Approach

Finland 🇫🇮 and Cyprus 🇨🇾 have raised the number of years you need to live in the country before you can apply—from five to eight years. Other countries, like Denmark 🇩🇰, Estonia 🇪🇪, Lithuania 🇱🇹, the Netherlands 🇳🇱, and Sweden 🇸🇪, are considering new rules that could:

• Refuse citizenship for people thought to have anti-democratic views
• Require stronger language skills
• Expect applicants to show they can support themselves without state help

This stricter approach means that people have to wait longer and show more to prove they belong and can contribute. Governments taking this route often say it helps protect European values.

The More Open Approach

In contrast, some countries are making it easier to become citizens. For example, Germany 🇩🇪 recently lowered the number of years you need to live there before you can apply—from eight to five years. Some other countries have introduced what’s called “conditional ius soli.” This means that children born in the country get citizenship if certain conditions are met, helping with the integration of immigrant families.

Many of these changes show a shift. In the past, some believed that citizenship was a tool to help immigrants integrate or feel included. Now, in several places, citizenship is only given after a person has already fully integrated and shown they are part of the community.

Research suggests that this “integration first” approach might not work as well as hoped. Studies about the “citizenship premium” found that getting citizenship actually helps immigrants find better jobs and become more involved where they live. Waiting until someone is already fully integrated before giving citizenship might make it harder for them to do so.

The Controversy Around Citizenship by Investment

One of the biggest debates in recent years is about so-called “golden passports”—letting people buy citizenship by investing money in a country. The Court of Justice of the European Union made clear in Commission v. Malta that selling citizenship weakens the idea of EU citizenship. The Court’s main argument is that, by selling citizenship, countries damage the feeling of shared responsibility (“solidarity”) that is supposed to tie member states together.

Some defenders of these programs argue that in today’s world, where people move and work freely, citizenship should be seen as more modern and less tied to strict definitions. They say investment programs fit with the abstract, flexible notion of identity in the EU. But the Court and many EU officials worry that the “commercialization” of citizenship makes it meaningless and risks damaging trust between countries.

The decision in Commission v. Malta is now the main example in this debate. The ruling makes it clear that the Court sees EU citizenship as something more than just a legal status or a piece of paper—it’s about trust, responsibility, and belonging to the European community.

The Changing Meaning of EU Citizenship Over Time

The story of EU citizenship goes back many decades, and it has always been shaped by struggles between national rules and EU-wide goals. When EU citizenship was introduced by the Maastricht Treaty in the early 1990s, it was mainly about giving people rights to live, work, and vote across the Union.

Over the years, the Court of Justice of the European Union has made several important decisions. These judgments have changed how people see citizenship, adding new rights and moving citizenship beyond simple economic or legal ideas. Now, citizenship is seen as part of a person’s identity, closely linked to being part of Europe 🇪🇺.

With cases like Commission v. Malta, the Court is saying that member states can still decide who can become a citizen. However, their decisions must also fit with EU-level ideas about fairness, procedures, and fundamental rights.

Implications for Individuals and Member States

For people hoping to get EU citizenship, these developments are important. If a country’s laws become stricter, it will take longer or require more from applicants. If courts say that citizenship involves deeper connections, some applicants might have to show more evidence of a real link to the country.

For member states, these trends mean they must make sure their laws not only fit their own expectations but also follow EU standards. Countries that try to sell citizenship or ignore EU rules risk legal challenges and may have their decisions overturned.

For the European Union 🇪🇺 as a whole, these changes balance two different needs. On the one hand, each country wants to control its own rules. On the other hand, the EU is making sure that citizenship has a common value and meaning across Europe 🇪🇺.

Visual Representation of Key Data and Trends

A bar graph showing the total number of new EU citizens (2022 and 2023) would clearly display the growth of citizenship acquisition. The tallest bars would be for Spain 🇪🇸, Italy 🇮🇹, and Germany 🇩🇪, showing the leading roles of these countries. A pie chart could show the share of non-EU nationals versus EU nationals among new citizens—making it easy to see that most new citizens come from outside Europe 🇪🇺.

Meanwhile, a timeline would show how citizenship laws have gotten stricter in some countries while others are now easing their rules. This would help readers see the split between restrictive and liberal trends.

Limitations of the Data

While official numbers (like those from Eurostat) are solid, they do not always show why changes are happening. The data tells us how many people got citizenship and where, but it doesn’t say much about personal stories, how hard the process was, or which groups are most affected by the new rules. Changes in laws from court decisions—such as Commission v. Malta—can also take time to show up in the numbers.

The Political and Social Context

Beyond the numbers and legal decisions, politics and society also shape the debate. Governments might make citizenship rules stricter if there is public worry about migration or jobs. Others may aim to open up citizenship as a way to support integration, help newcomers settle, and build community spirit. These changes are also affected by economic pressures and by news stories—such as those about “golden passports”—that can change how people think about citizenship.

Connection to Official Sources

For anyone interested in more details or how to apply for citizenship, the official European Commission citizenship page offers up-to-date rules, forms, and advice for all EU countries. This is a reliable place to find information about rights, application requirements, and recent changes in the law.

Conclusion: A Complex and Changing Future

EU citizenship is no longer just a question of legal paperwork. The role of the Court of Justice of the European Union, new trends in member state laws, and ongoing debates about investment programs are all helping to reshape what it means to be a European. After the Commission v. Malta case, the meaning of citizenship now includes ideas about real links, shared responsibility, and fairness across the EU.

The number of people seeking EU citizenship keeps rising, but so do the challenges they face. Each person’s path depends on where they live, where they come from, and how the rules of their country and the wider EU change in the years ahead. Watching these changes is important for anyone who cares about Europe, fairness, and the future of cross-border mobility.

As the idea of EU citizenship evolves in response to legal, social, and political changes, everyone involved—individuals, national authorities, and EU institutions—must keep adapting. Future policies are likely to focus even more on balancing national laws with EU-wide principles, guided by the work of the Court of Justice of the European Union and the lessons of the Commission v. Malta case. For deeper analysis of day-to-day changes in European immigration, VisaVerge.com continues to track these important shifts for people in Europe and beyond.

Learn Today

Court of Justice of the European Union (CJEU) → The top EU court that interprets EU laws and resolves disputes between member states about EU regulations and rights.
Citizenship by Investment → A program allowing individuals to acquire citizenship of a country by making a significant financial investment.
Commission v. Malta → A landmark Court case where Malta’s citizenship by investment program was ruled illegal under EU law.
Ius soli → A principle granting citizenship to children born in a country, often under specific conditions or requirements.
Eurostat → The statistical office of the European Union that collects and provides official data on member countries, including immigration statistics.

This Article in a Nutshell

EU citizenship rules are tightening and evolving. The Court of Justice ruled against Malta’s golden passport scheme, emphasizing real connections over investment. Some countries are stricter; others, like Germany, now offer easier paths. Applicants must navigate shifting standards emphasizing fairness, integration, and genuine ties within the European Union for their future status.
— By VisaVerge.com

Read more:

• European Court of Justice rules Malta golden passport program illegal
• EU Court of Justice declares Malta golden passport program illegal
• EU Pressure Fuels Drop in Malta’s Citizenship by Investment Sales
• Malta Grants 33,000+ Residence Permits to Tackle Skilled Worker Shortages
• How to Apply for a Malta Dependent Visa: Step-by-Step Guide