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6 - EU Competence and Investor Migration

from Part I - Mapping Investment Migration Law and Practice

Published online by Cambridge University Press:  06 April 2023

By
Daniel Sarmiento  and
Martijn Van Den Brink
Edited by
Dimitry Vladimirovich Kochenov  and
Kristin Surak
Dimitry Vladimirovich Kochenov
Affiliation:
Central European University in Budapest and Vienna
Kristin Surak
Affiliation:
London School of Economics and Political Science
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Summary

In this chapter, we examine the issue of competence to confer residence and citizenship based on a donation or investment in the light of international and European law as they stand today. We show that the national competence to do this is part of the sovereign nature of the modern state, which implies the ability to create a people and delimit the scope of the population granted a right to settle in the national territory, underpinned by rules behind such delimitation. We also explain why investment migration per se cannot be presented as unlawful and outlines the avenues for the eventual disciplining of its offshoots in areas unrelated to migration as such, thus connecting particularly well with Peter Spiro’s analysis of relevant international law.

Keywords

EU residence lawEU citizenship lawconferraldivision of competencescorruptioninvestment migrationEU law
Type
Chapter
Information
Citizenship and Residence Sales
Rethinking the Boundaries of Belonging
 , pp. 183 - 206
Publisher: Cambridge University Press
Print publication year: 2023

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