1. In his latest @Verfassungsblog post, @ProfKochenov engages in a spirited defence of his own reputation. That is his prerogative. His airbrushing of the Maltese Citizenship by Investment scam and the role of @HenleyPartners is not.
A thread:
verfassungsblog.de/passport-trade…
A thread:
verfassungsblog.de/passport-trade…
2. I'll begin with where I agree with Prof Kochenov: questioning his nationality of birth is absurd and retrograde. Kochenov's origins are neither a negative, nor a choice. We also agree that EU MSs enjoy a great deal of freedom to confer citizenship. There ends our agreement.
3. We disagree about the extent to which EU law constrains the conferral of nationality. Incidentally, so does at least one author who Kochenov cites in support of his argument that there is consensus. @joshaw rightly who notes possible competence via AML legislation.
4. @StevePeers notes that citizenship law itself is not 100% clear on the matter. Clearly, consensus is lacking.
I accept that there is much truth in Kochenov's assertion. There is also, however, little nuance and much selective reporting.
I accept that there is much truth in Kochenov's assertion. There is also, however, little nuance and much selective reporting.
5. But Kochenov's defence of the Maltese IIP (or passport sales programme, as he'd rather we didn't call it) is quite something else. He commends Malta's due diligence. Well, not so fast, Professor:
theshiftnews.com/2019/10/18/fif…
theshiftnews.com/2019/10/18/fif…
6. Kochenov claims that journalists reached conclusions about whether applicants resided in Malta because applicants were out when they knocked at their doors. It was the *type* of home that was an issue: millionaires renting dingy apartments which most people wouldn't sneeze at.
7. Also note the corruption and impunity associated with the Maltese passport scheme. Here the former PM's chief of staff (heavily implicated in a cover-up of #DaphneCaruanaGalizia's assassination) is involved in kickbacks to another power broker:
timesofmalta.com/articles/view/…
timesofmalta.com/articles/view/…
8. Those kickbacks were processed through Pilatus Bank, an entity closely associated with Henley & Partners and protected from scrutiny for many years by the Maltese Government.
timesofmalta.com/articles/view/…
timesofmalta.com/articles/view/…
9. Crucially, Kochenov fails to address the elephant in the room: @HenleyPartners role in subverting democracy, freedom of expression and the #RuleofLaw in Malta and elsewhere.
theshiftnews.com/2017/12/24/hen…
theshiftnews.com/2017/12/24/hen…
10. Nor does Kochenov fully disclose the nature of the advice he gave the Maltese government. This selective account of the meaning of residence is especially surprising:
11. As to @HenleyPartners, Kochenov enjoys a longstanding relationship extending far beyond mere legal advice. The Kochenov-Kalin (or Kalin-Kochenov) Quality of Nationality Index is a marketing tool for @HenleyPartners. Hence Kalin's involvement.
henleyglobal.com/quality-of-nat…
henleyglobal.com/quality-of-nat…
12. Kochenov regularly appears at marketing events for Henley. This is hardly a matter of pure academic commentary. Here Kochenov lends his considerable academic reputation to a second AML nightmare in which Henley and Malta are involved: blockchain.
youtube.com/watch?v=cfHQTF…
youtube.com/watch?v=cfHQTF…
13. Does it follow from the above that @PieterOmtzigt acted correctly in this matter? No, not necessarily. But it certainly demonstrates that there is a lot more to the story than the @Verfassungsblog post would have us believe.
14. Omtzigt is interested in the Maltese scheme because passport sales are demonstrably a threat to the #RuleOfLaw in MT. This isn't just about Kochenov's citizenship law expertise; it also concerns his other interests. As Kochenov notes "there are, of course, enough hypocrites."
@threadreaderapp unroll
