European citizenship, a fundamental good that does not buy

On 29 April 2025, the Court of Justice of the European Union (CJEU) decided: Case concerning "gold passports" issued by Malta. It considered that it was not possible « buy » a European citizenship, thus joining the position of the European Commission, which gave rise to the appeal, and of the European Parliament.

This decision provides an opportunity to review what this citizenship of the Union, a symbol of common European values, covers and the fundamental rights it guarantees.

What is European citizenship?

The 1957 Treaty of Rome, which signed the origins of the European Communities, today the European Union, had introduced a free movement of workers only, not of the whole European population. The Schengen agreements of 1985 and 1990 opened up free movement for all individuals.

However, it was only two years later, in 1992 with the Maastricht Treaty, that European citizenship was officially created, offering not only free movement within the European Union, but also important political and social rights.

Since then, the rule has been simple: since we hold the nationality of a Member State of the European Union, we are European citizens. Thus, the European citizenship regime is not intended to replace national citizenship; It only complements it, adding to it.

What are the rights related to European citizenship?

The rights of European citizens go beyond freedom of movement. They embody the principles of European democracy and active citizenship:

• The right to stay, work and study in any other Member State;
• The right to vote and to stand as a candidate in municipal elections and the European Parliament in the State of residence;
• The right to information and access to documents of the main institutions (Parliament, Council, Commission);
• The right of European citizens' initiative to propose new legislation;
• The right to petition the Parliament, or to lodge a complaint with the institutions, the European Ombudsman or the CJEU;
• The right to obtain consular protection from another Member State outside the EU.

These fundamental rights promote genuine citizen participation in the democratic life of the Union and reflect a shared European identity. They are the foundation of a collective spirit of solidarity between European citizens, based on strong and historical convictions. 

Gold passports: a breach of the spirit of European citizenship?

The case concerned a Maltese programme for obtaining citizenship. — and thus European citizenship — In return for an investment, including the payment of EUR 600 000 or EUR 750 000 to the Maltese government.

However, even if the granting of nationality remains a national competence, the Court of Justice of the European Union has pointed out that its exercise must not contravene the Treaties of the European Union, which apply to all Member States. In this case, the sale of citizenship undermines the principles of European solidarity, political cohesion and the notion of loyalty between Member States.

Such a practice therefore runs counter to European values and undermines the very legitimacy of a citizenship based on political affiliation, not on financial transactions. European citizenship cannot be a good that buys; It is a legitimate right for every individual from the Member States of the European Union, and its ideological origin made of common beliefs and values must be respected.

More about the European Union

In order to better understand the origins of the Union, the identity of founding fathers of Europe, the Treaties, the European institutions, their functioningand the common objectives of the Union countries ? Don't hesitate to explore the other entries of the Interphaz site !

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