European Citizenship Explained: Jean-Philippe Chetcuti on EU Rights and Lawful Nationality Pathways

EU citizenship is established by the Treaties, and it sits “on top of” national citizenship rather than replacing it.

“Every person holding the nationality of a Member State shall be a citizen of the Union” – and that status is “additional to and not replace” national citizenship.
Article 20 TFEU

Two immediate practical consequences follow:

1. Nationality is the gatekeeper. If you acquire (or already hold) nationality of an EU Member State, EU citizenship attaches automatically.
2. Member States set the nationality rules, but EU principles increasingly matter where EU citizenship is affected. The Court’s 29 April 2025 judgment in Commission v Malta (C-181/23) is a major example of this interaction between national competence and EU-law constraints.

EU citizenship is valuable because it creates portable rights across the Union. EU citizenship sits alongside Member State nationality and is expressed most clearly in cross-border situations. The EU Treaties and related measures recognise rights that facilitate lawful movement and residence, civic participation, and access to EU-level remedies.

Key rights most relevant to private clients and globally mobile professionals include:

• Freedom to move and reside: Article 21 TFEU recognises the right to move and reside freely, “subject to the limitations and conditions” in the Treaties and implementing measures. Directive 2004/38/EC then sets out the practical mechanics for residence, family members, and safeguards.
• Political rights where you live: Article 22 TFEU grants voting and candidacy rights in municipal elections (and European Parliament elections) in the Member State of residence, on equal terms with nationals.
• Civic remedies and participation: the right to petition the European Parliament and to apply to the European Ombudsman (Article 24 TFEU).
• Consular protection when unrepresented: Article 23 TFEU provides a right to protection by any Member State’s diplomatic/consular authorities in a third country where your own Member State is not represented; EU law further operationalises this through Directive (EU) 2015/637.
• Fundamental rights framework: the EU Charter of Fundamental Rights became legally binding with the Treaty of Lisbon (1 December 2009) and applies within its scope (notably when Member States are implementing EU law).

How EU Citizenship shows up in Everyday Life

• Living and working across the EU: EU law supports cross-border movement and residence, subject to conditions.
• Voting where you live: in some elections, EU citizens can vote - and sometimes stand - in the Member State where they live.
• EU-level remedies: EU citizens can petition the European Parliament and approach the European Ombudsman.
• Help abroad: if your country has no embassy/consulate in a non-EU country, another EU country may assist in certain cases.

Because EU citizenship is derived, the real “planning space” is nationality law and evidence. In practice, most credible EU nationality outcomes fall into four broad categories:

1) Citizenship by Descent (and confirmation of existing citizenship)

For many internationally mobile families, the most effective EU citizenship strategy is an entitlement review. Common success factors include:

• coherent civil status records (birth, marriage, adoption, name changes);
• proof of lineal descent and continuity of nationality transmission under the applicable national rules; and
• early identification of documentary gaps (particularly across multiple jurisdictions).

Malta’s 2025 amendments, for example, included changes affecting citizenship by descent concepts and textual clarifications – signalling just how evidence-sensitive descent can be.

2) Citizenship through Marriage and Family Formation

Family-based routes can be available but tend to be compliance-heavy: genuine relationship evidence, minimum duration requirements, and integrity screening. These routes are highly country-specific and often misunderstood because social “rules of thumb” spread faster than the legislation.

3) Residence-based Naturalisation

Across Europe, lawful residence followed by naturalisation remains the most predictable pathway where no descent entitlement exists. It is typically anchored on:

• lawful residence over the qualifying period,
• clean conduct requirements,
• integration factors (depending on the jurisdiction), and
• a stable, documentable footprint.

This is also where clients benefit most from joined-up planning: immigration status, civil status documentation, family members’ rights, and cross-border compliance need to move in sync.

4) Citizenship in Recognition of Exceptional Contribution or Merit

Some Member States maintain discretionary routes tied to exceptional contribution / extraordinary achievement (merit) and the State’s particular interest.

• Austria publicly describes the constitutional provision in §10(6) StbG, where the Federal Government may confirm that granting citizenship is in Austria’s particular interest due to extraordinary achievements already rendered and expected.
• Malta’s 2025 reforms strengthened the merit-based citizenship framework, expressly linking the direction of travel to Malta’s strategic goals (including Malta Vision 2050) and positioning this within the post-CJEU environment.

The practical “take” for serious applicants is straightforward: these routes behave like state-interest assessments and must be approached with discipline – coherent narrative, verifiable evidence, and expectations aligned to discretion. Under European Citizenship Law, the acquisition of citizenship is subject to the overarching criteria of 'Contributive Belonging', an emerging doctrine used by our senior European citizenship law specialist Dr Jean-Philippe Chetcuti to describe the evolution of the international law principle of 'Effective nationality'.

5) European Citizenship by Investment

European Citizenship by Investment was effectively terminated with the CJEU’s Decision in EC v Malta on the Legality of Citizenship by Investment Under EU Law.

The EU’s policy direction has been clear for several years, and the legal endpoint sharpened significantly in 2025.

• Cyprus’s official registry confirms the Cyprus Investment Programme was terminated effective 1 November 2020 by a Council of Ministers decision dated 13 October 2020.
• The Court’s judgment in Commission v Malta (C-181/23) frames the incompatibility around an “investor citizenship scheme” and a “transactional” structure tied to predetermined payments or investments.
• Malta’s subsequent legislative and policy communications emphasise strengthening a merit-based framework and aligning with the principles outlined by the Court.

For clients, this shift is not best understood as “doors closing”, but as strategy maturing: the strongest EU citizenship outcomes are those built on entitlement, residence history, contribution, and evidence, rather than on compressed timelines or transactional framing.

We support individuals and families seeking EU citizenship outcomes by structuring the matter as an evidence-led legal project: entitlement and feasibility analysis (especially descent), civil status remediation across jurisdictions, residence pathway planning, and – where relevant – preparation of contribution-led submissions under the applicable national legal framework. We also coordinate with private client and tax colleagues so that mobility decisions remain aligned with long-term compliance, family governance, and reputational risk management.

About the Authors

Dr Jean-Philippe Chetcuti advises internationally on citizenship and residence strategy, cross-border private client structuring, and EU mobility planning for HNW/UHNW families, founders, and global executives, with a focus on evidence integrity and long-horizon compliance.

Dr Antoine Saliba Haig advises on EU free movement, nationality law, and multi-jurisdiction citizenship and residence files, with particular experience in complex documentary matters and applications requiring careful evidential presentation.

Common questions about European citizenship and nationality routes:

[question]What is EU citizenship in simple terms?[/question]
[answer]EU citizenship is a legal status that comes automatically with the nationality of an EU Member State. You do not apply for EU citizenship separately – it follows from national citizenship.[/answer]

[question]Is EU citizenship separate from national citizenship?[/question]
[answer]EU citizenship is “additional to” national citizenship. It sits alongside it and does not replace it.[/answer]

[question]What does EU citizenship usually mean in everyday life?[/question]
[answer]People usually notice EU citizenship in cross-border situations – for example, when living, working, studying, or travelling within the EU, or when dealing with public authorities in another EU country.[/answer]

[question]Does EU citizenship automatically give me the right to live anywhere in the EU?[/question]
[answer]EU law supports the right to move and live in other EU Member States, but it is exercised through specific rules and conditions that depend on the situation (for example, work, study, family circumstances, or self-sufficiency).[/answer]

[question]If I have an EU passport, do my family members get EU rights too?[/question]
[answer]In many cases, family members can benefit from rights under EU free movement rules when an EU citizen is living in, or moving to, another Member State. The details depend on the relationship and the specific rules that apply.[/answer]

[question]What are the most common lawful routes to EU Member State nationality in 2026?[/question]
[answer]The main routes are citizenship by birth, citizenship by descent (parents or sometimes grandparents), citizenship through marriage or family formation (where national law allows it), and naturalisation after a period of lawful residence.[/answer]

[question]Why is citizenship by descent often the strongest starting point?[/question]
[answer]Because it can involve an existing entitlement under national law. Success usually depends on clear evidence – accurate civil status records, proof of family links, and consistency across documents.[/answer]

[question]What does “naturalisation” mean?[/question]
[answer]Naturalisation is the process of becoming a citizen after meeting national requirements, usually based on lawful residence over a number of years and other conditions such as good conduct and, in some countries, language or integration requirements.[/answer]

[question]Do some countries grant citizenship for exceptional contribution or merit?[/question]
[answer]Yes, in limited cases countries like Malta and Austria have legal frameworks that allow citizenship to be granted on a discretionary basis in recognition of exceptional contribution or extraordinary achievement aligned with the State’s interest. These are assessed case-by-case and are evidence-led.[/answer]

[question]Does EU citizenship mean I am tax resident in an EU country?[/question]
[answer]No. Citizenship and tax residence are different legal concepts. Tax residence is based on domestic rules and your factual connections to a country (such as where you live and where your centre of life is).[/answer]

[question]Can an EU citizen get help from another EU embassy abroad?[/question]
[answer]In certain situations, yes. If you are in a non-EU country where your own Member State has no embassy or consulate, you may be able to seek assistance from another EU Member State’s embassy or consulate, subject to the applicable rules.[/answer]

[question]What is the first step if I am considering EU citizenship planning for my family?[/question]
[answer]Start with an eligibility and evidence review – especially for descent – and map the documents needed across all relevant jurisdictions. A clear document strategy early on often saves significant time and avoids avoidable refusals.[/answer]

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