The Court of Justice of the EU’s judgment in Commission v Malta raises many issues. Three points in particular will be addressed. Firstly, the integration of Union citizenship into the ongoing transformational constitutional jurisprudence. Secondly, the role of mutual recognition and mutual trust in the judgment. Thirdly, the meaning and significance of the ‘special relationship of solidarity and good faith’ requirement. Finally, a reflection is offered on the legitimacy of the reasoning of the Court. Read More …

This post critically evaluates the decision of the EU Court of Justice in Commission v Malta, in which it decided that the Citizenship by Investment scheme of Malta is contrary to EU law. The blog post argues that the expansionary reading of EU citizenship in the case lacks substantive legal justification. Read More …