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FIt is a lucrative business for the EU member states. Cyprus alone has made 7 billion euros since the economic crisis by selling citizenships; Malta and Bulgaria also sell these “golden passports”. They charge between 500,000 and 2.5 million euros for it.
Other EU countries, almost 20, issue “golden visas”. Portugal has sold more than 22,000 long-term visas leading to citizenship after five years since 2012, earning around 5 billion euros. The Netherlands and France also sell visas, but not Germany. This has drawn harsh criticism in recent years because criminals in third countries have repeatedly benefited from these programs. More recently, the Al Jazeera broadcaster revealed how senior Cypriot officials and politicians are helping criminals to buy golden passports.
Therefore, the European Commission launched an infringement procedure against Malta and Cyprus on Tuesday for the issuance of such passports. At the same time, it has asked Bulgaria, the third EU country with golden passports, to justify its program.
New legal territory
Legal steps had been announced. “European values are not a commodity,” stressed Commission President Ursula von der Leyen in her State of the EU address in mid-September, expressly referring to golden passports. The Commission maintains that the issuance of passports in exchange for a predetermined payment or investment, without any real link to the state, violates EU law, in particular the “sincere cooperation principle”. After all, buyers would not only travel within the EU, they could also work anywhere in the EU. Therefore, the award has consequences for all Member States.
The Commission is breaking new ground. She has criticized the granting of golden passports for years. However, it has long held that the granting of citizenship is ultimately the exclusive competence of the Member States. The EU Justice Commissioner Didier Reynders announced that he would also take action against the issue of golden visas. Ultimately, these risks were similar to those of golden passports, he told the Belgian newspaper “Le Soir”.
A Commission spokesperson said the EU must end any practice that “leads to the sale of EU citizenship.” Malta and Cyprus now have two months to respond to the Commission’s accusations. If they adhere to their programs, the Commission could eventually initiate proceedings in Luxembourg before the Court of Justice of the European Communities.
In the end, it can only get states to suspend their programs. Sanctions for violating EU law or for revoking issued visas and passports are not possible on the basis of EU treaties. Following the Al Jazeera revelations, Cyprus announced that it would end its golden passport program. But the regulation still applies, a commission spokesman said.
Furthermore, there are calls in Cyprus to introduce a new citizenship purchase program. It is appreciated that Cyprus is reviewing almost 4,000 “old cases” and withdrawing passports. However, that does not change the fundamental problem, the spokesman said. Malta, on the other hand, recently announced that it would expand its program.
The Commission received the approval of the EU Parliament. “Money should not be the criterion for civil and residency rights in the EU,” said Sven Giegold (Greens). “Gold passports or gold visas represent a gateway for organized crime in the EU and are a significant security risk for the entire Schengen area,” emphasized Markus Ferber (CSU).
