Week 1 - Tutorial

Question 1

Describe the Case Commission v. Malta (golden visa)?

Answer 1

In 2020, Malta introduced the a naturalization scheme, allowing foreign investors to acquire Maltese (and thus EU) citizenship through significant financial contributions.

Commission’s Claims: Undermines the integrity of EU citizenship and violates the principles of sincere cooperation.

AG: advised that the Commission failed to prove that EU law requires a “genuine link” between a Member State and an individual for the grant of citizenship.

Question 2

What is the significance of the case Commission v. Malta?

Answer 2

It evaluates the bounderies of the Principle of Sincere Cooperation.

PSC: Establishes a mutual obligation for Member States and EU institutions to work together in good faith to achieve the objectives of the EU.

Question 3

Why the Commission says that Malta is undermining the Principle of Sincere Cooperation?

Answer 3

1. Malta’s scheme devalues the shared concept of EU citizenship, turning it into a financial transaction rather than a meaningful connection to a Member State.
2. It risks creating inequality and distrust among Member States, as Malta unilaterally grants rights that affect the entire Union.
3. It prioritizes national financial benefits over the EU’s collective legal framework, which requires solidarity and respect for mutual goals.

Question 4

What are some of the elements that distinguish ‘EU membership’ from membership of an ‘ordinary’ international organization?

Answer 4

1. Sovereignty transfer: MS have delegated sovereignty to common institutions
   representing the interests of EU as a whole. Which grant supranational characteristics to the EU.
2. The EU legal framework creates direct rights and obligations for individuals within its MS known as the “direct effect”.
3. Institutional structure: The EU decision-making involves supranational institutions like the Commission, Parliament and Court of Justice.

Question 5

Another element is that
EU law is officially binding which international law isn’t

Answer 5

1. Membership obligations: EU membership involves a range of obligations that are not typically found in other international organisations. These include obligations to implement EU law, to contribute to the EU budget, and to participate in EU decision-making process.
2. Membership rights: EU membership also confers a range of rights on MS and their citizens, such as the right to free movement within the EU, the right to vote and stand in EP elections, and the right to participate in EU decision-making processes.
3. Membership criteria: The criteria are more stringent than those for most other international organizations. Prospective member states must meet a range of political, economic and legal criteria before they can join the EU.

Question 6

In terms of membership procedures, what are the main similarities and differences between accession and withdrawal?

Answer 6

Similarities:
1. Negotiation process: Both involve complex negotiation and require the involvement of the European Council, Parliament and national parliaments Accession (49 TEU) and Withdrawal (50 TEU) are voluntary and based on the
principles of state sovereignty

2. Accession requires the Copenhagen Criteria which is unanimous approval by the
   Member states.
3. Withdrawal is less complex as it involves unilateral negotiations that look at the terms
   of the agreement under which the member state will leave.

Question 7

What does the accession require?

Answer 7

The accession process is regulated under art. 49 TEU and it requires:

• That the State respect the values in Art. 2 TEU including the Copenhagen criteria. Also there has to be political acceptance of the new state and the EU emphasizes that accession must not overstrectch the capacity of the Union to integrate the new member.

Question 8

What does the withdrawal requires?