Centre for Civic Education (CCE) has been warning for years about the harmful effects of granting so-called honorary citizenships through the Economic Citizenship Programme. Our stance is further confirmed by today’s ruling of the Court of Justice of the European Union (CJEU) in the case Commission vs. Malta, which determined that the economic or investment citizenship scheme is incompatible with EU law.
CCE recalls that the Special Investment Programme of special importance for the economic and business interests of Montenegro, which enabled foreign nationals to obtain Montenegrin citizenship by investing in priority projects in the country, was established in 2019. The programme was subject to continuous criticism from EU institutions and was officially terminated on 31 December 2022. However, not all procedures related to submitted applications have been concluded. According to CCE data, from the beginning of the programme’s implementation on 1 January 2019 until 22 September 2024, a total of 2, 074 economic citizenships were granted, the majority of which were approved during the Government of Dritan Abazović.
In its statement on the ruling, the Court emphasized that while the conditions for granting and revoking the citizenship of a Member State fall under national jurisdiction, this must be exercised in accordance with EU law.
Amendments to Malta’s Citizenship Act in 2020 established a mechanism that allowed for the acquisition of citizenship through “naturalization for exceptional services by direct investment”. The requirements set by this mechanism were primarily financial in nature, involving predetermined payments or investments that lacked genuine connection to Malta. The European Commission had warned that granting citizenship on this basis violates the rules governing Union citizenship, particularly Article 20 of the Treaty on the Functioning of the EU.
The Court also noted that acquiring the citizenship of a Member State automatically grants EU citizenship, which provides rights and freedoms within the EU, especially the right to free movement within the area of freedom, security, and justice. To ensure the functioning of this area, mutual trust and recognition of national decisions are essential. Granting citizenship solely on the basis of predetermined financial contributions undermines these foundations and violates the principle of sincere cooperation among Member States.
The EU Court of Justice ruling clearly confirms the obligation of all Member States – and, consequently, of candidate countries – to fully align their legislation and practices with the fundamental values of the Union. Montenegro, as a candidate country, must unequivocally distance itself from any initiatives that could lead to the revival of this or similar programmes, as they are not in line with the EU’s legal framework or with the values that promote solidarity, integrity, and trust within the European Union.
Aleksa Janković, Programme Assistant