EU competence and investor migration
- 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.
Document Type: | Part of a Book |
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Language: | English |
Author(s): | Daniel Sarmiento, Martijn van den BrinkORCiD |
Editor(s): | Dimitry Kochenov, Kristin Surak |
Parent Title (English): | Citizenship and Residence Sales: Rethinking the Boundaries of Belonging |
Publisher: | Cambridge University Press |
Place of Publisher: | Cambridge |
Publication year: | 2023 |
Publishing Institution: | Hertie School |
First Page: | 183 |
Last Page: | 206 |
DOI: | https://doi.org/10.1017/9781108675123.009 |
ISBN: | 9781108492874 |
Release Date: | 2023/05/15 |
Hertie School Research: | Jacques Delors Centre |
Licence of document (German): |