Neřešené problémy úpravy unijního občanství aneb Malta zlobí
| Title in English | Overlooked Problems of the EU Citizenship and Misbehaving Malta |
|---|---|
| Authors | |
| Year of publication | 2015 |
| Type | Article in Periodical |
| Magazine / Source | Časopis pro právní vědu a praxi |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Field | Law sciences |
| Keywords | EU citizenship; Nottebohm case; recognition of citizenship |
| Attached files | |
| Description | Malta's intention to grant its citizenship to wealthy foreigners on a commercial basis sparked a wave of controversy. The essence of the problem lies in the fact that such foreigner once he becomes a Malta's citizen also becomes a citizen of the European Union. Due to this fact such citizen also acquires a set of rights, which stems directly from EU law, independently on national regulation of any other Member State. The most important right from this perspective is the right to move and reside anywhere in the European Union. This may enable him/her to circumvent strict provisions of immigration law of majority of Member States which of course applies only on nationals of third states but may not apply on citizens of European Union. Existing provisions of the European Union citizenship do not foresee the possibility of such use or even abuse of EU law by a Member State. Thus, they do not introduce any tool which would enable the other Member State to defend their interests. In the article, not only the content of the Malta's is discussed but also possible solution and defense under EU law. |