MEPs overwhelmingly vote in favour of citizenship resolution

MEPs today voted on a cross-party resolution that called on Malta to amend its citizenship-by-investment scheme, the Individual Investor Programme.

Of 626 MEPs in attendance, 560 voted in favour and only 22 voted against. 44 MEPs abstained.

The resolution, signed by all major political groups, was pushed on the EP agenda by Nationalist MEPs David Casa and Roberta Metsola.

Opposition leader Simon Busutttil greeted the voteas a "double whammy" for Prime Minister Joseph Muscat, desribing him as being isolated and having shamed Malta.

Today's astounding EP vote is a double whammy: Muscat is isolated, Muscat shamed our country #notinmyname #Malta not for sale — Simon Busuttil (@SimonBusuttil) January 16, 2014

MEPs debated the resolution yesterday in Strasbourg, delivering a tongue-lashing to Malta for selling Maltese, and consequently EU citizenship for €650,000 to non-EU nationals. The IIP also demands applicants to buy a property worth €350,000 and government stocks of €150,000.

But Malta, like any member state, retains the full right to determine its own citizenship rules. The non-binding resolution, which is likely to be adopted tomorrow, has legally no impact on the IIP.

The MEPs who voted against were:

From the Europe of freedom and democracy group (EFD): John Stuart Agnew, Gerard Batten, and Derek Clark of the United Kingdom Independence Party; and Morten Messerschmidt from the Danish People's Party.

From the United Green Left, Greek communist MEPs Charalampos Angourakis and Georgois Toussas.

From the socialists, all Maltese MEPs, as well as German MEP Ismail Ertug and Spanish MEP Miguel Angel Martinez Martinez.

Non-aligned MEPs who voted against the resolution were French right-wing MEPs Marie Le Pen, Bruno Gollnisch from the Front Nationale; Austrian Freedom Party MEPs Andreas Mölzer and Franz Obermayr; Dutch MEPs Lucas Hartong, Auke Ziljlstra, and Patricia van der Kammen from the Partij voor de Vrijheid and Daniel van der Stoep from Artikel 50; and British MEPs Nikki Sinclaire and Mike Nattrass (formerly UKIP).

In a statement yesterday, the Maltese government said it had taken note of what the European Council, the Commission and the Parliament had said during the debate. "It was made clear that citizenship is a matter of national competence," the government said, specifically referring to the Couincil's position.

The Greek presidency of the European Council said it would convey the emphatic spirit of MEPs' contributions to the Council, but reminded members that Malta was sovereign in its decisions on how to regulate its citizenship and nationality rules.

But it was European Commissioner for justice Viviane Reding who made it clear that she was the EC's most vocal critic of Malta's citizenship programme.

"National citizenship is an entry door to the EU. It is an entry door to the EU Treaty and to the rights that EU citizens enjoy.... It is legitimate to question whether EU citizenship rights should merely depend on the size of someone's wallet or bank account. Citizenship must not be up for sale."

She said there was "no doubt that conditions for obtaining and forfeiting national citizenship are regulated only by the national law of each member state."

"But there is also no doubt that granting the nationality of a member state means also granting EU citizenship and the rights attached to it.... In other words, awarding nationality and citizenship to a person gives this person rights vis-à-vis the 27 other EU member states."

While Reding said she did not want the Commission to have the power to determine what constitutes nationality or the rules granting it, the EC still expected member states to be aware of the consequences of their decisions.

"Citizenship cannot be taken lightly. It is a fundamental element of our Union. One cannot put a price tag on it."

FULL TEXT OF THE RESOLUTION

European Parliament resolution on EU citizenship for sale

(2013/2995(RSP))

The European Parliament,

-    having regard to Articles 4, 5, 9 and 10 of the Treaty on European Union,

-    having regard to Article 20 of the Treaty on the Functioning of the European Union,

-    having regard to Rule 110(2) and (4) of its Rules of Procedure,

A.  whereas every Member State is expected to act responsibly in preserving the Union's common values and achievements, and whereas those values and achievements are invaluable and cannot have a price tag attached to them;

B.  whereas a number of Member States have introduced schemes which directly or indirectly result in the sale of EU citizenship to third-country nationals;

C.  whereas an increasing number of Member States are issuing temporary or permanent residence permits to third-country nationals who make investments in the Member State concerned;

D.  whereas in some Member States permanent residency with access to the whole Schengen Area can be obtained; whereas in certain Member States steps are being taken that may lead to the effective sale of citizenship of that Member State;

E.   whereas in some cases these investment programmes have possible negative side-effects, such as distortion of local housing markets;

F.   whereas the Maltese Government, in particular, has recently taken steps to introduce a scheme for the outright sale of Maltese citizenship, which automatically entails the outright sale of EU citizenship as a whole without any residency requirement;

G.  whereas such outright sale of EU citizenship undermines the mutual trust upon which the Union is built;

H.  whereas EU citizens in particular have the right to move and reside freely within the EU, to vote and stand as candidates in municipal and European Parliament elections wherever they live in the EU, under the same conditions as nationals, and to be assisted by another Member State's embassy or consulate outside the EU under the same conditions as a citizen of that Member State, if their own is not represented;

I.    whereas the EU is based on mutual trust between Member States, built on years of gradual work and goodwill on the part of Member States, as well as on the part of the Union as a whole;

J.   whereas concerns have also been expressed about criminal abuse of these investment programmes, including issues such as money laundering;

K.  whereas concerns exist as regards possible discrimination because these practices by Member States only allow the richest third-country nationals to obtain EU citizenship, without any other criteria being considered;

L.   whereas it is not clear whether Maltese citizens will really benefit from this new policy, for example through the collection of taxes, as the foreign investors concerned will not be required to pay taxes; recalls that citizenship involves not only rights but also responsibilities;

M. whereas EU citizenship is one of the EU's major achievements and whereas, according to the EU Treaties, matters of residency and citizenship lie within the exclusive competence of the Member States;

1.   Is concerned that this way of obtaining citizenship in Malta, as well as any other national scheme that may involve the direct or indirect outright sale of EU citizenship, undermines the very concept of European citizenship;

2.   Calls on Member States to recognise and live up to the responsibilities they hold in safeguarding the values and objectives of the Union;

3.   Calls on the Commission, as the guardian of the Treaties, to state clearly whether these schemes respect the letter and spirit of the Treaties and the Schengen Borders Code, as well as the EU rules on non-discrimination;

4.   Reiterates that Article 4(3) of the Treaty on European Union enshrines the principle of 'sincere cooperation' between the Union and the Member States, which are, in full mutual respect, to assist each other in carrying out the tasks which flow from the Treaties;

5.   Expresses concern at the implications of some of the investors' and citizenship schemes that have recently been established by various EU Member States;

6.   Acknowledges that matters of residency and citizenship are the competence of the Member States; calls on the Member States, nevertheless, to be careful when exercising their competences in this area and to take possible side-effects into account;

7.   Notes that EU citizenship implies the holding of a stake in the Union and depends on a person's ties with Europe and the Member States or on personal ties with EU citizens; stresses that EU citizenship should never become a tradable commodity;

8.   Underlines the fact that the rights conferred by EU citizenship are based on human dignity and should not be bought or sold at any price;

9.   Emphasises that access to funds should not be the main criterion in conferring EU citizenship on third-country nationals; calls on the Member States to take account of fraud-related criminal concerns such as money laundering;

10. Notes that ongoing competition for more attractive investment conditions or financial resources may lead to a lowering of the standards and requirements for obtaining Schengen Area residence permits and EU citizenship;

11. Calls on the Commission to assess the various citizenship schemes in the light of European values and the letter and spirit of EU legislation and practice, and to issue recommendations in order to prevent such schemes from undermining the values that the EU has been built upon, as well as guidelines for access to EU citizenship via national schemes;

12. Calls on Malta to bring its current citizenship scheme into line with the EU's values;

13. Calls on the Member States that have adopted national schemes which allow the direct or indirect sale of EU citizenship to third-country nationals to bring them into line with the EU's values;

14. Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States.