Malta has taken its first legislative step to align its citizenship framework with the recent judgment of the European Court of Justice (ECJ) in Case C-181/23 – Commission v Malta. On 30th June 2025, Home Affairs Minister Byron Camilleri tabled a bill in Parliament proposing amendments to the Maltese Citizenship Act, marking Malta’s formal response to the EU Court’s ruling in April 2025.
The bill is currently at first reading stage, and in line with standard parliamentary practice, the full text of the proposed amendments has not yet been published. Additional details will be discussed during the second and third reading before a vote is taken. Official statements and have confirmed that the purpose of the bill is to align Malta’s Citizenship framework for investors and entrepreneurs with the principles laid down by the Court.
In its judgment, the ECJ reaffirmed that while nationality remains a national competence under Article 4(2) TEU, Member States must exercise this power in compliance with EU law when it affects Union citizenship under Article 20 TFEU.
The Court held that Malta’s previous legal framework allowed for the acquisition of Union citizenship without ensuring a genuine link between the applicant and the state, thereby commercialising the concept of EU citizenship. This, the Court ruled, infringes the principle of sincere cooperation under Article 4(3) TEU and undermines the essence of Union citizenship.
While the judgment did not prohibit naturalisation based on exceptional services, it clarified that such legislation must be designed to preserve a meaningful connection between the applicant and the Member State.
Government Response: Legislative Reform Underway
A spokesperson for the Home Affairs Ministry confirmed that Motion No. 381 represents Malta’s first step in amending its citizenship laws in line with the ECJ’s ruling:
“This marks the first reading in Parliament, paving the way for amendments that will comply with the European Union Court’s judgment in Case C-181/23, Commission v. Malta.”
In a government press release dated 29 April 2025, the authorities reiterated their respect for the rule of law, noting that Malta will “study the legal implications of this judgment so that the regulatory framework on citizenship can then be brought in line with the principles outlined in the judgment.”
What Changes Are Expected?
While the draft law has not yet been published, it is expected that the upcoming amendments will aim to:
- Reinforce genuine links between applicants and Malta through more substantial residence or integration requirements
- Uphold the integrity and value of both Maltese nationality and European Union citizenship.
These reforms aim to preserve a lawful and credible pathway to naturalisation, while fully respecting the principles set out in the EU Court’s judgment.
A Sustainable Path Forward
The forthcoming amendments are expected to reshape Malta’s citizenship offering in a way that balances national interests, EU legal obligations, and the need for a robust and sustainable legal framework.
Our Citizenship Practice
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Our team offers end-to-end support, including:
- Assessing your eligibility and advising on the most suitable route to citizenship;
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Our holistic approach ensures that your journey to Maltese citizenship is efficient, and aligned with your personal and financial goals. Get in touch with us today.
