How Secure Is Maltese and European Citizenship?

Contributed by: Dr Jean-Philippe Chetcuti

Managing Partner at Chetcuti Cauchi Advocates, a Maltese citizenship, immigration, private client and tax lawyer with more than 25 years of specialist experience. He specialises in Maltese citizenship law, European citizenship, Citizenship by Merit and the Contributive Belonging. He is the author of the Dual Citizenship Report and regularly addresses European and international citizenship law at professional forums.

From Commission v Malta to Citizenship by Merit and deprivation – how citizenship is acquired, protected and potentially lost.



At a Glance


Maltese citizenship is a durable legal status, although citizenship acquired through registration or naturalisation remains subject to defined deprivation grounds. This publication explains the relationship between Maltese nationality and European Union citizenship, the significance of Commission v Malta, Malta’s separate Citizenship by Merit framework, and the legal conditions governing citizenship deprivation. It also examines the EU-law proportionality principles arising from Rottmann, Tjebbes and Wiener Landesregierung. The analysis is intended to help internationally mobile families, founders, philanthropists and advisers understand both the acquisition and continuing legal security of Maltese and European citizenship.

Legal Takeaways



  • Union citizenship derives automatically from the nationality of an EU Member State.

  • Nationality remains a Member State competence exercised consistently with EU law.

  • Commission v Malta establishes a fundamental objection to transactional naturalisation through predetermined payments or investments.

  • Malta Citizenship by Merit is a separate discretionary framework for exceptional service, contribution or national interest.

  • Article 14 of the Maltese Citizenship Act provides defined grounds for deprivation of citizenship acquired through registration or naturalisation.

  • Loss of Member State nationality may engage EU-law proportionality where it also removes Union citizenship.


Who Should Assess Citizenship Security?


This publication is relevant to internationally mobile entrepreneurs, founders, researchers, technologists, philanthropists, artists, athletes, family offices, HNW and UHNW families, private wealth advisers, immigration professionals and lawyers assessing the acquisition, retention or potential loss of Maltese and European citizenship.

How Should Citizenship Security Be Assessed?


Citizenship planning requires more than establishing initial eligibility. Applicants and advisers should identify the correct statutory route, document genuine and credible ties, address character and due diligence, and understand any continuing obligations. Individuals who already hold Maltese citizenship through registration or naturalisation should also understand the limited statutory grounds on which citizenship may be deprived and the procedural protections applicable to that process.

How Secure Is Maltese Citizenship?


Maltese citizenship is intended to operate as a durable public-law status carrying rights, responsibilities and a recognised legal bond with Malta. Citizenship acquired through registration or naturalisation is nevertheless capable of deprivation under Article 14 of the Maltese Citizenship Act, where a specified statutory ground is established and the applicable conditions are satisfied.

That distinction is central. Citizenship security does not mean absolute irrevocability. It means that citizenship cannot be removed arbitrarily and that deprivation must rest on law, evidence, public-interest assessment and the prescribed process.

Because Maltese nationality also confers citizenship of the European Union, deprivation may remove rights derived from EU law. Depending on the circumstances, national authorities must therefore consider both Maltese statutory requirements and the proportionality principles developed by the Court of Justice in nationality-loss cases.

How Is EU Citizenship Acquired?


There is no autonomous procedure through which an individual applies directly for European Union citizenship. Article 20 of the Treaty on the Functioning of the European Union provides that every person holding the nationality of a Member State is a citizen of the Union. Union citizenship is additional to national citizenship and does not replace it.

The nationality decision begins at Member State level. Malta determines who qualifies as a Maltese citizen under Maltese law. Once Maltese nationality is acquired, the person also holds Union citizenship and the rights attached to that status.

This structure preserves national competence while creating European consequences. National naturalisation and deprivation decisions take effect within a legal area based on mutual trust and mutual recognition. The Court of Justice has therefore developed EU-law limits governing the exercise of national citizenship powers where Union citizenship is affected.

What Did Commission v Malta Decide?


In its Grand Chamber judgement of 29 April 2025, the Court of Justice confirmed that each Member State remains free to establish the conditions under which it grants or withdraws nationality. It also held that this competence must be exercised consistently with EU law.

The Court described nationality as based on a “specific relationship of solidarity, good faith and the reciprocity of rights and duties between the State and its citizens”. Malta’s former institutionalised scheme granted naturalisation through a transactional procedure involving predetermined payments or investments. The Court held that this commercialised Member State nationality and, by extension, Union citizenship, contrary to Article 20 TFEU and sincere cooperation under Article 4(3) TEU. (Commission v Malta, Case C-181/23)

The precise ruling concerned the former Maltese scheme. Its reasoning nevertheless has significant implications for comparable institutionalised arrangements in which naturalisation is structured as a direct exchange for predetermined payments or investments throughout the European Union.

The judgement does not make wealth, investment, entrepreneurship or philanthropy irrelevant to citizenship decisions. It distinguishes a commercial formula for acquiring nationality from an individual discretionary decision recognising exceptional personal merit, service, contribution or national interest.



“The judgement closed the transactional chapter of European citizenship law. The next chapter concerns the legal substance of belonging – character, credible ties, exceptional contribution and reciprocal commitment.”
Dr Jean-Philippe Chetcuti, Managing Partner, Chetcuti Cauchi Advocates




Does Citizenship Require a Genuine Link?


The 1955 International Court of Justice judgement in Nottebohm (Liechtenstein v Guatemala) is frequently associated with effective nationality and genuine connection. Liechtenstein sought to exercise diplomatic protection against Guatemala on behalf of Friedrich Nottebohm, who had recently acquired Liechtenstein nationality. On the facts, the Court found that the nationality was not opposable to Guatemala for that purpose because it did not reflect a genuine prior connection. (Nottebohm, ICJ case overview)

The case concerned diplomatic protection and interstate recognition. It did not create a universal validity test requiring extensive physical residence for every naturalisation decision, nor did it establish the EU-law rule applied in Commission v Malta.

Its modern relevance lies in its account of nationality as a substantive legal bond rather than a merely formal administrative label. Commission v Malta developed a distinct EU constitutional analysis based on solidarity, good faith, reciprocal rights and duties, mutual trust and sincere cooperation.

The two judgements therefore occupy different legal settings. Together, they illustrate the continuing legal concern with the substance underlying the nationality relationship.

How Does Malta Citizenship by Merit Work?


Malta’s Citizenship by Merit framework is an independent ground of discretionary naturalisation. It is legally distinct from the abolished transactional MCES framework.

Article 10(9) of the Maltese Citizenship Act permits the Minister to grant naturalisation by merit to an alien or stateless person who:


  • renders exceptional services to Malta or humanity;

  • makes an exceptional contribution, including through job creation, to Malta or humanity; or

  • is of exceptional interest to Malta.


The Maltese Citizenship (Amendment) Act 2025 defines exceptional as “manifestly superior or adding value”. It identifies scientists, researchers, athletes, sports-persons, artists, cultural performers, entrepreneurs, philanthropists and technologists among the potentially relevant profiles.

The decision remains individual and discretionary. Professional prominence, wealth, founder status or investment does not establish an automatic entitlement. The central issue is whether the applicant’s qualities, achievements and contribution meet the exceptional threshold and make naturalisation materially valuable to Malta or humanity.

For the current Maltese framework, see Malta Citizenship Through Merit and Malta Citizenship by Merit.

Exceptional Merit and National Interest


The process begins with a detailed proposal describing the applicant, achievements, exceptional service or contribution, and intended continued engagement following naturalisation. The Community Malta Agency assesses the submission, an Evaluation Board reviews the case, and final discretion rests with the responsible Minister under the Citizenship by Naturalisation on the Basis of Merit Regulations.

A credible proposal should connect an applicant’s established expertise to a defined Maltese need. Depending on the individual, this may concern scientific research, artificial intelligence, cybersecurity, strategic technology, entrepreneurship, high-value employment, sport, culture, heritage, philanthropy or another area of demonstrable national importance.

The proposal should identify measurable outputs, appropriate governance, committed resources, implementation capacity and continued engagement. The relevant value lies in the exceptional public benefit created, rather than the amount of capital transferred.

Malta Citizenship by Merit Requirements


Following approval in principle, the formal application requires at least eight months of residence in Malta, title to adequate residential property, knowledge of Maltese or English, proof of ties created with Malta and endorsement of the relevant exceptional service, contribution or interest.

The framework includes intensive due diligence, verification and risk assessment. The applicant’s identity, immigration record, criminal and regulatory history, source of wealth, source of funds, sanctions exposure, political exposure, reputation and wider suitability may all be material.

Merit and suitability are separate but cumulative. Exceptional public value establishes the positive national-interest case for naturalisation. Character and due diligence protect the integrity of the citizenship decision.

Can Maltese Citizenship Be Revoked?


Article 14 of the Maltese Citizenship Act applies to persons who acquired Maltese citizenship through registration or naturalisation. It provides defined grounds on which the Minister may order deprivation.

Citizenship may be deprived where registration or naturalisation was obtained through fraud, false representation or concealment of a material fact. Additional grounds concern:


  • acts or speech demonstrating disloyalty or disaffection towards the President or Government of Malta;

  • unlawful wartime dealings, communications or business assistance involving an enemy;

  • a conviction in any country resulting in imprisonment or another restriction of liberty for at least twelve months, imposed within seven years of registration or naturalisation; and

  • seven continuous years of ordinary residence abroad without the statutory service or annual notification conditions.


The grounds are subject to additional requirements. The Minister must be satisfied that deprivation is not contrary to the public interest. For the qualifying criminal-sentence ground, the person must not thereby become stateless. For the extended foreign-residence ground, the conduct must also be seriously prejudicial to Malta’s vital interests or demonstrate a threat to public security or public policy.

Written notice must inform the citizen of the proposed ground and the right to request an inquiry. The matter may then be referred to a committee chaired by a person with judicial experience.

Can EU Citizenship Be Lost?


A person loses Union citizenship when they cease to hold the nationality of every EU Member State. Nationality loss remains governed primarily by national law, but the Court of Justice requires EU-law proportionality where the decision removes Union citizenship and the rights attached to it.

In Rottmann, Case C-135/08, the Court accepted that a Member State may withdraw naturalisation obtained by deception even where the person may become stateless and lose Union citizenship. The national court was required to assess proportionality, including the gravity of the conduct, the time elapsed and the possibility of recovering the former nationality.

In Tjebbes, Case C-221/17, the Court considered automatic nationality loss based on prolonged residence abroad. EU law required an individual examination of the consequences from the perspective of Union law and a mechanism capable of restoring nationality where the loss was disproportionate.

In Wiener Landesregierung, Case C-118/20, the Court examined the revocation of an assurance of naturalisation where the applicant had already renounced another Member State’s nationality. The judgement further confirms that Member States must exercise nationality powers consistently with EU law where their decisions affect Union citizenship.

These decisions do not create absolute immunity from nationality loss. They require national measures to pursue lawful aims through a proportionate process that considers the individual consequences of losing Union citizenship.

Can Merit Citizenship Be Withdrawn?


Citizenship granted on the basis of merit may involve services or contributions to be delivered after approval. The legal durability of citizenship depends on the operative legislation, the approval terms and the general statutory deprivation framework.

The Merit Regulations contain specific provisions concerning continuing obligations and deprivation. Any proposition that a particular failure automatically leads to deprivation should therefore be tested against the precise legal basis, the materiality of the alleged breach, ministerial discretion and the applicable notice and inquiry safeguards.

In practice, proposed commitments should be measurable, achievable and focused on conduct within the individual’s control. Examples may include funds committed, programmes established, research posts created, scholarships awarded, training delivered, partnerships concluded and reporting obligations completed.

The drafting should distinguish genuine performance of the undertaking from an external project outcome that the citizen could not guarantee. That distinction protects Malta’s national interest while preserving the legal seriousness and equality of citizenship.

Towards Citizenship through Contributive Belonging


Contributive Belonging is a proposed legal and policy framework for understanding citizenship in modern, internationally mobile lives. It is not an established doctrine imposed by the Court of Justice. It seeks to connect the principles emerging from nationality law with a practical model of lawful ties, reciprocal commitment and measurable public contribution.

The framework recognises that substantive belonging may be expressed through residence, family life, professional engagement, service, institution-building, research, philanthropy, culture or other forms of credible connection. Contribution alone is insufficient; belonging without legal integrity is equally incomplete.

The contemporary Maltese position connects acquisition and retention through public law. Citizenship cannot be reduced to a predetermined financial exchange. Exceptional contribution may be recognised where it is credible, individually assessed and aligned with national interest. Acquired citizenship remains a durable status subject to defined laws and safeguards.

For the full conceptual framework, see Contributive Belonging.


Maltese Citizenship Law Experts Consulted


This article was prepared with expert commentary from Dr Jean-Philippe Chetcuti, Managing Partner at Chetcuti Cauchi Advocates, a Maltese citizenship, immigration, private client and tax lawyer with more than 25 years of specialist experience. As consulting editor, he contributed insights on Maltese citizenship law, European citizenship, Citizenship by Merit and the proposed framework of Contributive Belonging. He is the author of the Dual Citizenship Report and regularly addresses European and international citizenship law at professional forums.

Key Firms in Maltese Citizenship Law


Legal-Malta.com is an independent legal-information platform rather than a law firm. Expert commentary for this article was provided by Chetcuti Cauchi Advocates, whose Citizenship Law practice advises on citizenship acquisition, Citizenship by Merit, residence, due diligence, nationality retention, deprivation risk and complex cross-border nationality histories.

The firm’s work in this field includes route assessment, statutory eligibility, proposal design, source-of-wealth evidence, foreign-law coordination, continuing obligations and the legal consequences of nationality loss. Where appropriate, citizenship matters may also require coordinated private client tax, family office, business and succession advice.

get in touch

RELATED ARTICLES

Maltese Citizenship Revocation FAQs

Scroll to Top