This paper examines the nature of EU citizenship and its place in the EU legal order, with a focus on the 2025 Commission v Malta case (Case C-181/23). Following Maltaʼs introduction of a system whereby nationality could be granted in exchange for investment, the Commission sued for abuse of EU citizenship and violation of mutual trust. The Court of Justice of the European Union (CJEU) ruled that, while the granting of nationality is the competence of Member States, it is subject to EU law, when they exercise it. The Malta Judgment established that EU citizenship is more than just a concept of ʻmarket citizenshipʼ. This ruling is a landmark judgment that comprehensively clarifies EU citizenship and the relationships among Member States. It also clarifies the EUʼs legal space, values, and identity in relation to its citizens.
Yumiko Nakanishi (Sun,) studied this question.