In an attention-grabbing and necessary resolution of the Courtroom of Justice of the EU, sitting as a Grand Chamber in Fee v Malta (Citizenship by Funding) [2024] EUECJ C-181/23, the Courtroom has discovered that Malta’s 2020 ‘investor citizenship’ scheme is incompatible with EU regulation, particularly with the precept of honest cooperation enshrined in article 4(3) of the Treaty on European Union (‘TEU’) by which ‘the Union and the Member States shall, in full mutual respect, help one another in finishing up duties which move from the Treaties’, and citizenship of the Union at Article 20 of the Treaty on the Functioning of the European Union (‘TFEU’).
