On April 29, the European Court of Justice (ECJ) ruled against Malta’s citizenship by investment program, also known as the Malta Exceptional Investor Naturalisation (MEIN) program.
The court ruled that Malta’s citizenship by investment program breached Article 4(3) of the Treaty on European Union (TEU), which establishes the principle of sincere cooperation between EU Member States. According to the ruling, the Malta’s MEIN program, “amounts to the commercialization of the grant of the nationality of a member state, and by extension, that of the European Union.”
The rejection of Malta’s citizenship by investment program is based on the position that EU citizenship should require more than just a financial transaction, rather it must involve a genuine connection between the applicant and the member state.
Malta’s Official Response to the ECJ Ruling
Following the ECJ’s decision, the Government of Malta issued an official statement affirming its respect for the Court’s judgment while also emphasizing that matters of citizenship remain, in its view, a national competence. The government is currently reviewing the legal implications of the ruling and has assured that all decisions made under the MEIN framework remain valid. Malta also highlighted the program’s significant economic impact, noting that over €1.4 billion has been raised since 2015 to support key national projects, including social housing, healthcare initiatives, and charitable foundations. In its statement, the government called for unity among political stakeholders in defending national interests moving forward.
Malta's Case with the European Court of Justice
Malta was first taken to court in 2022. The country defended its MEIN program by arguing that granting citizenship is a national decision, that is supported under international law and the Treaty of the European Union. However, the court rejected this argument, ruling that because Maltese citizenship grants access to EU citizenship, it cannot be granted in exchange for investment without a real connection to Malta. According to the court, the this violates EU cooperation rules (Article 4(3) TEU).
The ECJ’s disapproval and ruling contradict Advocate General Anthony Collins’ opinion, which disagreed with the Commission’s concerns back in October 2024. Collins argued that each EU member state has the right to decide who can become its citizen and, therefore, who becomes an EU citizen. Collins suggested that Malta’s decision to grant citizenship through investment did not necessarily harm the EU’s integrity.
Under the Malta Citizenship by Investment program, applicants must make a three-part investment: a direct investment of €750,000 (after 12 months) or €600,000 (after 36 months); either lease a property for at least €16,000 per year or buy one worth at least €700,000, both of which must be kept for at least five years; and make a €10,000 donation to a registered Maltese NGO. The program also includes a four-tier due diligence process, which is known as one of the strictest in the world.
To learn more about the Malta Permanent Residence Program
What does the ECJ ruling mean for investment migration?
The ECJ’s ruling marks a significant turning point for the MEIN program and could potentially lead to its termination, highlighting a broader shift in investment migration across Europe. It also raises a deeper question: who really controls citizenship, the EU or individual countries? “The ECJ may have spoken, but this conversation is far from over,” said Patricia Casaburi, CEO of Global Citizen Solutions.
Global Citizen Solutions believes the decision reflects a shift in how EU law is being used to shape national citizenship policies. As Joana Mendonça, the firm’s General Counsel, explained, “What we’re witnessing is a form of soft federalism by the back door. The ECJ hasn’t declared the EU a federal state, but its logic increasingly resembles one—particularly when it invokes the spillover effects of national policies to justify Union intervention.”
For now, Malta’s Permanent Residency by Investment remains strong and unaffected. However, the program is based on different rules and does not lead to EU citizenship.
We expect to have more details about the future of the MEIN program soon. Read our full analysis from the Global Intelligence Unit.
As part of our commitment to providing transparent and reliable services, we are proud to be a licensed agent in Malta, holding the official license number AKM-AGEN. This certification demonstrates our dedication to the highest standards in the investment migration industry and further enhances our ability to offer expert guidance and support to our clients.
How Can Global Citizen Solutions Help You?
Global Citizen Solutions is a boutique migration consultancy firm with years of experience delivering bespoke residence and citizenship by investment solutions for international families. With offices worldwide and an experienced, hands-on team, we have helped hundreds of clients worldwide acquire citizenship, residence visas, or homes while diversifying their portfolios with robust investments.
We guide you from start to finish, taking you beyond your citizenship or residency by investment application.
FAQs
Is Malta citizenship by investment closed?
While the European Court of Justice (ECJ) has ruled against Malta’s citizenship by investment program, there is no official confirmation that the program has ended. As of now, the Maltese government has not announced whether it will stop or continue the scheme. There is also no clear information on ongoing or future applications.
