Union Citizenship and National Identity. The Constitutional Conundrums Raised by Commission/Malta

The judgment in Commission/Malta, delivered by the Grand Chamber of the Court of Justice in April 2025, raises fundamental constitutional questions concerning the relationship between Union citizenship and the national identity of the Member States. This contribution examines the implications of the ruling from the perspective of Article 4(2) TEU. After outlining the scope and judicial use of the identity clause and reconsidering the legacy of Micheletti, it analyses the Court’s reasoning with particular regard to its reliance on Articles 20 TFEU and 4(3) TEU and its decision not to address Malta’s defence based on national identity. The article concludes by assessing the constitutional implications of the judgment for the balance between European integration, the principle of conferral and Member States’ competence in nationality matters.