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Original scientific paper

https://doi.org/10.65342/door.2.1.3

Citizenship, Identity and Values – Reflections on Commission v Malta; A presentation given at University of Bologna, Faculty of Law on February 27, 2026, at the conference “The EU Citizenship as an element of European Identity“

Siniša Rodin


Full text: english pdf 290 Kb

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Full text: croatian pdf 290 Kb

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Abstract

On its face, Case C-181/23, European Commission v Republic of Malta, looks like a case about EU citizenship, as indeed it is. The single plea raised by the European Commission concerned the infringement of EU Citizenship provisions. The Commission argued that, by introducing an ‘investment citizenship scheme’ under which Maltese citizenship and, automatically and as advertised, EU citizenship could be acquired for significant financial remuneration, the Republic of Malta had failed to fulfil its obligations under European Union law. The article proposes a reading of Article 2 of the Treaty on European Union (TEU) that goes beyond the question of its justiciability and suggests that the judgment in the case C-181/23, European Commission v Republic of Malta, was, at least implicitly, informed by EU values, notably but not exclusively, solidarity. It argues that, whilst valuable accidents of concepts mentioned in the first sentence of Article 2 TEU have normative force within the legal order of EU law, their value, or absence thereof, is determined by the substance of the concepts mentioned in the second sentence of Article 2 TEU. This requires some basic consensus about the substance of Article 2 TEU, which is, at minimum, possible to define in negative terms, namely as the absence of authoritarianism, intolerance, injustice, selfishness, and discrimination.

Keywords

EU citizenship, solidarity, national constitutional identity, Aristotle’s substance and accident

Hrčak ID:

347824

URI

https://hrcak.srce.hr/347824

Publication date:

15.6.2026.

Article data in other languages: croatian

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