The modes of acquisition and loss of citizenship under Maltese law

Abstract

The objective of this thesis is to give a clear understanding on the development of citizenship. This aim was reached by studying the first interpretations given by various philosophers, authors and jurists, as well as by going through the various laws which regulated the status of the people of Malta before and after acquiring Independence. Nowadays Maltese citizenship is regulated by the provisions of the Maltese Citizenship Act (MCA), however this was not always the case as previously most of these provisions were found in the Maltese Constitution. Despite the fact that Malta’s legal regime on citizenship is quite recent, having been established in 1964, recent amendments were important as these enabled Maltese migrants to hold dual citizenship while extending the opportunity to second and subsequent generations of Maltese born abroad to apply for Maltese citizenship. Additionally with Malta’s accession to the European Union (EU), Maltese citizens automatically acquired the Union’s citizenship and all the rights enjoyed by European citizens. Another fundamental change was the shift from the principle of jus soli to jus sanguinis by which individuals were no longer granted Maltese citizenship on being born in Malta. The latest amendments to the MCA introduced the concept of acquisition of Maltese citizenship by investment. Although this controversial programme generated debate which reached the highest level of European institutions, it is still the only scheme which is endorsed by the European Commission (EC). After having analysed the legal background behind the Individual Investor Programme (IIP), this thesis concludes that every mode of acquisition of Maltese citizenship entails a genuine link with the state. As a consequence, the loss of Maltese citizenship by renunciation or deprivation breaks the link between the individual and the state.