Constitutional expert Ian Refalo. Photo: Paul Spiteri Lucas

Irrespective of how citizenship is acquired, the State cannot withdraw it capriciously, according to leading constitutional expert Ian Refalo.

“Depriving a person of citizenship may give rise to very serious human rights concerns,” Prof. Refalo said yesterday.

He was asked about the Nationalist Party’s pledge to withdraw citizenship from people who would have acquired it through the cash-for-citizenship scheme proposed by the Government.

PN leader Simon Busuttil yesterday reiterated his party’s stand that when in government it will change the law and strip the scheme beneficiaries of citizenship.

The Government is insisting that according to advice from Attorney General Peter Grech, what the PN is proposing is unconstitutional (see stories on page 4).

It is a sentiment shared by Prof. Refalo who insisted that revoking citizenship to a whole group of people would raise other concerns.

“Citizenship cannot be removed for a group of people simply because of political considerations because it would be discriminatory,” he insisted, noting one such instance was when Latvia tried to strip Russian-speaking citizens of citizenship after the Soviet Union collapsed.

Latvia eventually bowed to European pressure and changed a very restrictive law that would have left thousands of Russians living in the country without citizenship.

Prof. Refalo said the issue was not whether the individual bought citizenship but whether he could be deprived of it. “Citizenship gives certain rights and it cannot be removed capriciously,” he insisted, adding that it was the State that granted citizenship and not the Government.

The law does allow citizenship to be revoked if it is obtained by deceit or the individual concerned did not adhere to legal obligations.

But if no such circumstances exist, Prof. Refalo added, it could not be withdrawn.

Citizenship gives certain rights and cannot be removed capriciously

One constitutional expert who spoke on condition of anonymity argued that acquiring citizenship in the way being proposed by the Government was not a fundamental human right.

“This is not citizenship acquired by birthright or through marriage, both of which tie the person to the country, and so there is nothing unconstitutional if a government decides to revoke it,” he said.

The cash-for-citizenship scheme, known officially as the Individual Investor Programme, is targeted towards wealthy foreign nationals outside the EU who will be able to acquire citizenship by paying €650,000 to a national development fund.

Additional citizenship purchases for immediate family members will cost €25,000 each.