In this chapter, Daniel Sarmiento and Martijn van den Brink examine whether the EU could take action against investor migration schemes. In particular, they examine whether such action would be compatible with the EU’s division of competences and the principle of conferral. They 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. They 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 they 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.
Martijn van den Brink and Daniel Sarmiento, ‘EU Competence and Investor Migration’ in Dimitry Kochenov and Kristin Surak (eds), Citizenship and Residence Sales: Rethinking the Boundaries of Belonging (CUP 2023).