18
P. J. Spiro
Investor programmes give the lie to notion that citizenship is sacred, in a
civic sense. The programmes evidence the descent of citizenship from its
former pedestal. Shachar extols a ‘vision of citizenship as grounded in long-
term relations of trust and shared responsibility, … membership bonds
grounded in co-authorship, cross-subsidisation of risk, and even sacrifice
that might be expected in times of need.’ That’s the citizenship of the past,
and passport-for-sale schemes supply another data point to prove it.
This is so notwithstanding externalities imposed on other states. In some
contexts, these externalities will be miniscule (a citizen of Malta can travel
to the United States visa free where the citizen of Russia cannot, but the
numbers will be low, and the number who abuse visa-free entry will be even
lower). In the European context they are potentially greater, as the EU member states become subject to lowest-common-denominator citizenship policies. Those who buy Maltese citizenship are less likely to settle in Valletta
(one wonders how many could even name the capital city before – or perhaps even after – they have made the purchase) than in Berlin or Paris or
Milan. When one buys Maltese citizenship one gets EU citizenship included
in the price; it opens a backdoor to the rest of Europe. But the EU seems
unlikely to complain. There is no legal basis for opposition, citizenship policy remaining exclusively within Member State discretion. Nor is there
likely to be much pushback as a policy matter, so long as the price is high
enough to depress numbers and maintain economic quality (as it were).
In material terms, the programmes are not much of a threat to provider
states, either. The numbers will be low. (Portugal had only 330 takers in the
first year of its program.) Because many buyers will remain non-resident,
they will be invisible to the existing citizenry. They will not be politically
engaged, to the extent they will feel no interest beyond protection of their
bought-and-paid status. One possible cost would be with respect to diplomatic protection. It will be interesting to see whether that is a part of a bargain – whether in fact states will intercede with other states on behalf of
their paying members (and whether international tribunals would recognise
protection of cash-only nationals).
Shachar is correct that the investor programmes show that citizenship is
still worth something. As the market thickens, we will see how much. With
the reference point of states that sell permanent residency, we will be able
approximately to isolate the value of citizenship itself – the premium states
will be able to extract with the passport. Will investor programmes like
Malta’s, which offer citizenship, be priced much higher than Hungary’s,
which extends residency status only? (I will leave to the economists to deal
with asymmetries among the various packages.) I suspect that premium will