Verfassungsblog (Apr 2024)

Long Live Nottebohm - The Potential Revival of Nottebohm at 70 in Commission v Malta

  • Lorin-Johannes Wagner

DOI
https://doi.org/10.59704/e807d3c3a383efd9
Journal volume & issue
no. 2366-7044

Abstract

Read online

Next year, Nottebohm will be turning 70. Only very recently, Weiler, on this blog, made the point that the argument of a genuine link – underpinning the case of the Commission against the Maltese golden passport scheme – is unconvincing and rests on a “tendentious reading of Nottebohm”. Yet, in Commission v Malta, the CJEU may well reinvigorate a European debate about the genuine links that bind us. I, for once, would argue it is high time to make the point that nationality is not just anything a State makes of it.

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