Arbitrariness and Migration: The Case of Citizenship by Investment Programmes in the European Union

In my presentation, I will introduce a distinction between the notions of discretion and arbitrariness grounded on the requirement of providing reasons of a certain (legal) pedigree. I will also provide arguments supporting that the provision of reasons justifying the actions of the public authorities applies to all public actors, including the law-makers. Lastly, I will present the case of citizenship by investment programs (CIPs) in the UE as a case of great arbitrariness by public authorities. CIPs bestow national and European citizenship, the core status of the EU, in exchange for mere economic transactions, waiving all other criteria required for regular naturalization applicants. Delving into the process of creation of these programs shows that CIPs have been created in a highly arbitrary manner, thus damafing the Rule of Law and granting national and supranational citizenship arbitrarily.