Speaker: Dr Luke Dimitrios Spieker, Humboldt University, Berlin

Abstract: The CJEU’s decision in Commission v Malta marks the summit of a long-standing, highly controversial debate in European legal scholarship. Considering the Maltese practice of “golden passports” incompatible with EU law, the Court expanded the reach of EU law and established constraints for the conferral of the Member States’ nationalities. At its heart, the decision developed a shared concept of nationality based on a “special relationship of solidarity and good faith”. To justify this bold step, the Court mobilized EU values: “Union citizenship” – we are told – “is based on the common values contained in Article 2 TEU”. In this talk, we will explore how EU values may require a shared concept of nationality and justify the genuine link-requirement established by the Court. At its centre are the notions of democracy and trust, solidarity and belonging. Ultimately, it seems that the Court embraced a communitarian understanding of citizenship – one that builds on belonging.

Biography: Dr Luke Dimitrios Spieker is a postdoctoral researcher at Humboldt University Berlin and a Senior Research Fellow at the Max Planck Institute for Comparative Public Law and International Law. His research explores EU law’s constitutional foundations, including its common values and structural principles as well as Union citizenship and fundamental rights. He has been awarded several prizes, such as the Heinz Meier-Leibnitz-Prize of the German Research Foundation, the UACES Best Book Prize, or the Common Market Law Review Prize for Young Academics.

For more information see:

https://www.cels.law.cam.ac.uk/weekly-seminar-series