Verfassungsblog (Oct 2024)

Sale of Nationality as a Violation of Human Dignity

  • Patrick Weil

DOI
https://doi.org/10.59704/62f6a7b6a73c5817
Journal volume & issue
no. 2366-7044

Abstract

Read online

On 21 March 2023, the European Commission brought action against Republic of Malta for establishing and maintaining a policy and a practice of naturalisation despite “the absence of a genuine link of the applicants with the country, in exchange for pre-determined payments or investments”. In this blog, I argue that the Court is fully competent because Malta violated article 1 of the EU Charter of Fundamental Rights. Specifically, I argue that selling nationality violates human dignity because nationality confers legal subjecthood, which is a central condition for guaranteeing the human dignity of European citizens.

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