ECJ declares Golden Passport in the EU illegal

A clear message from Luxembourg: EU citizenship is not for sale – there is no golden passport in the EU . On April 29, 2025, the European Court of Justice (ECJ) ruled in a highly publicized ruling that the so-called "Malta model" for granting citizenship in exchange for investment violates EU law ( Case C-181/23 ). The ruling sends a clear message: EU citizenship is not a commodity, but an expression of the shared values of the Member States and their citizens.

What was the Malta model?

The EU state of Malta previously allowed non-EU foreigners to obtain Maltese citizenship – and thus automatically European citizenship – in exchange for cash and investment (the "Golden Passport"). Investors could secure the coveted EU passport starting at €600,000. The European Court of Justice (ECJ) has now put a stop to this practice: According to the ECJ, Malta is making the acquisition of citizenship a mere transaction . This is incompatible with EU law and violates the principle of sincere cooperation among Member States (Article 4(3)(1) of the Treaty on European Union, TEU).

While EU member states generally have the right to shape their own nationality laws, the granting of nationality also confers EU citizenship – a status that entails rights and obligations throughout the EU. The ECJ emphasized that nationality must be based on a genuine connection with the respective state. Granting citizenship for purely economic reasons without any personal connection does not violate these requirements.

Consequences of the judgment

The EU Commission brought Malta before the European Court of Justice over this program. Malta is now obligated to implement the ruling and adapt its citizenship policy accordingly. Other EU states, including Cyprus, have operated similar models in the past. The EU Commission sees these programs as a gateway for money laundering, corruption, and sanctions evasion. Political pressure on such citizenship models has increased dramatically, particularly since the war in Ukraine . For those seriously interested in migration, the ruling underscores an important point: the path to the EU should be based on the rule of law, a genuine intention to integrate, and transparent criteria—not on financial shortcuts.

Conclusion

The ECJ's ruling of April 29, 2025, is a clear commitment to the fundamental values of the European Union: nationality and EU citizenship cannot be bought. According to the ECJ, programs like the "Golden Passport" undermine trust in the rule of law in migration procedures and the integrity of the EU. The Court makes it unequivocally clear: anyone who wants to become an EU citizen needs more than just money – namely, a genuine connection to the state and a willingness to share rights and obligations within the community. In practice, it will be particularly interesting to see how the ruling affects the Golden Visa programs of EU member states.