EU Competence and Investor Migration

The Law of Citizenship and Money, edited by Kochenov and Surak,CUP, Forthcoming

22 Pages Posted: 17 Dec 2020

See all articles by Daniel Sarmiento

Daniel Sarmiento

Universidad Complutense de Madrid (UCM)

Martijn van den Brink

Hertie School of Governance

Date Written: October 20, 2020

Abstract

In this chapter, we examine whether the EU could take action against investor migration schemes. In particular, we examine whether such action would be compatible with the EU’s division of competences and the principle of conferral. We draw a distinction between three different areas — nationality, residence, and money-laundering and corruption — and demonstrate that EU competences to intervene vary, depending on the area that the EU seeks to address. We argue that it lacks the competence to intervene in the domain of national citizenship. By contrast to investor citizenship, the EU is in a better position to intervene in the case of investor residence programmes. As we will show, the EU already restricts the range of options Member States can offer to investor residents in terms of freedom of movement and residence. It also possesses the competences to act against issues such as money-laundering and corruption.

Keywords: Investor Migration, EU Citizenship

Suggested Citation

Sarmiento, Daniel and van den Brink, Martijn, EU Competence and Investor Migration (October 20, 2020). The Law of Citizenship and Money, edited by Kochenov and Surak,CUP, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3715773 or http://dx.doi.org/10.2139/ssrn.3715773

Daniel Sarmiento

Universidad Complutense de Madrid (UCM) ( email )

Carretera de Humera s/n
Madrid, Madrid 28223
Spain

Martijn Van den Brink (Contact Author)

Hertie School of Governance ( email )

Friedrichstraße 180
Berlin, 10117
Germany

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