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image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao European Law Reviewarrow_drop_down
image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao
https://doi.org/10.2139/ssrn.5...
Article . 2025 . Peer-reviewed
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EU Citizenship’s New Essentialism

Authors: Kochenov, Dimitry V.; Íñiguez, Guillermo;

EU Citizenship’s New Essentialism

Abstract

In Commission v Malta, the Court of Justice ruled that the Maltese citizenship by investment scheme violates European Union (EU) law. This article critically analyses the Court’s judgment. It does so by highlighting that, in its judgment, the Court embraces an essentialist understanding of EU citizenship—one which fails to understand the complexities of 21st century citizenship. It also discusses some of the deficiencies of the Court’s legal reasoning. The article proceeds as follows. It begins by providing the background to the case by discussing the origins of investor citizenship, AG Collins’s Opinion, and the Court’s judgment. It then discusses the Court’s legal reasoning, after which it focuses on the principle of solidarity. It concludes by looking at the future, addressing the judgment’s implications for the allocation of competences between the EU and its Member States and for those individuals naturalised under the 2020 programme.

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Austria
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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