Following the judgement of the Court of Justice of the European Union (C-181/23), the much-awaited proposed amendments to the Maltese Citizenship Act (Chapter 188 of the Laws of Malta) were published by the Maltese Government on the 16th July 2025 via Bill 140.
The Maltese Government emphasised that the main objectives of the proposed amendments are three-fold:
- Maltese citizenship legislation will be brought in line with the Court’s ruling by removing those aspects that were not in conformity;
- Existing laws related to merit-based citizenship (already part of Maltese law since 2017) are being strengthened. The proposed amendments are also consistent with Malta Vision 2050, with an emphasis on the need for added value and job creation; and
- The proposed amendments uphold the principle that the granting of citizenship is a matter of national competence, a principle the Maltese Government has always supported, and which was also confirmed in the CJEU ruling C-181/23.
The Government also clarified that the Granting of Citizenship for Exceptional Services programme will be discontinued, and all references to the programme elements closely associated to the programme, such as the role played by accredited agents, have been removed. The Government has emphasised categorically that the proposed amendments do not in any manner impact those individuals whose Maltese citizenship was granted under the individual investor programme or naturalisation for exceptional services by direct investment and will continue to be regulated by the terms of the programme as were applicable when the citizenship was granted. Likewise, and in line with the principle of legitimate expectations, those applications that had reached the approval in principle stage will also be completed and be regulated by the terms of the programme. However, pending applications that had not been granted approval in principle as yet would not be processed any further.
The current legislation already allowed the Minister to grant citizenship on the basis of merit upon individuals who have made outstanding contributions or provided exceptional services to Malta or to humanity. The proposed amendments widen the criteria to also include persons whose naturalisation is of exceptional interest to Malta.
The proposed amendments proceed to defining “exceptional” as meaning “manifestly superior or adding value” while emphasising that the terms “exceptional services” and “exceptional contributions” refer to the “services rendered and the contributions made by scientists, researchers, athletes, sports persons, artists, cultural performers, entrepreneurs, philanthropists and technologists, amongst other persons of interest” to Malta. This is not an exhaustive list of service providers and contributors; therefore any person that already is or may contribute to the national interest of Malta would be eligible to apply for citizenship based on merit.
“Exceptional interest” shall refer to those persons who shall be deemed to possess the necessary skills, profile, qualities, talents and expertise that are considered to significantly advance or benefit the national interest of Malta.
To strengthen transparency and accountability, the proposed amendments grant the Regulator enhanced investigative authority. Indeed, individuals whose application for merit-based citizenship are declined will be able to file formal complaints. The Regulator will be legally empowered to conduct investigations and report findings directly to the Minister, ensuring fair review and oversight of the decision-making process.
The Bill also proposes an important extension to key deadlines affecting citizenship by descent. Previous cut-off dates – 1st August 2007, 1st August 2010, and 31st July 2010 - have now been uniformly extended to 1st August 2028. This adjustment offers greater continuity and legal certainty for members of the Maltese diaspora, particularly in cases where citizenship claims might otherwise lapse following the death of a Maltese parent.
In addition, the proposed legislation introduces significant updates to adoption-related citizenship rights. For adoptions finalised on or after 1st August 2020, involving minors under the age of 18, adoptive parents will now be explicitly recognised for citizenship purposes. In contrast, historical adoptions - specifically those involving children aged 10 or older between 1989 and 2020, or adults aged 18 or above adopted after 2020 - will no longer automatically confer citizenship, providing a clearer legal distinction.
Bill No. 140 of 2025 will be the subject of further parliamentary discussion on the 23rd July 2025. We will be following the parliamentary debates and brining further insight into the direction that these amendments will be heading as developments continue to mature.
Dr. Stephan Gauci
Managing Director
