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The possibility of Brussels pursuing legal action against Malta over the citizenship scheme should not be taken lightly, as the European Commission may have a case in arguing it would breach the EU Treaty, according to EU law expert Peter Xuereb.
The head of European and Comparative Law at the University of Malta said it was premature to pronounce himself on the merits of the legal arguments being made.
But while there did not, at this stage, appear to have been any breach of the EU Treaty, the Commission might well have a case when it argued that the Maltese government should consult other member states before going ahead with the scheme, he said.
Prof. Xuereb cited Article 4 of the treaty, which speaks about loyalty between member states.
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