On Mutual Recognition and the Possibilities of a “Single European Polity”: The Opinion of AG Collins in Case C-181/23 Commission v Malta

Abstract

(Series Information) European Papers - A Journal on Law and Integration, 2024 9(2), 818-829 | European Forum Insight of 29 November 2024 | (Table of Contents) I. Introduction. - II. Facts and Context. - III. Opinion of AG Collins. - IV. Preliminary Remarks. - V. Mutual Recognition and its Requirements. - VI. A Misreading of Nottebohm. - VII. A Single Polity. - VIII. Conclusion | (Abstract) The Advocate General’s Opinion in Commission in Commission v Malta is a useful opinion. Not because it is correct but because it highlights the central issue at stake in the case: the question of mutual recogni-tion and its implications. The automatic mutual recognition of Member State nationality found in Mich-eletti has the logical consequence that some requirements on the form of Member State nationality may flow from Union law. However, while the constitutional logic implies some role for Union law in this field, there are scant legal materials to support this contention. Finally, the concept of mutual recogni-tion, elevated to the political and constitutional level, gives some insight into how a “single polity” of Union citizens may be possible.

Keywords

• union citizenship
• investment citizenship
• art. 20 tfeu
• single polity
• commission v malta
• mutual recognition