On mutual recognition and the possibilities of a ‘Single European Polity’: The opinion of AG Collins in Case C- 181/23 Commission v Malta

The Advocate General’s Opinion in Commission in Commission v Malta is a useful opinion. Not because it is correct but because it highlights the central issue at stake in the case: the ques-tion of mutual recognition and its implications. The automatic mutual recognition of Member State nationality found in Micheletti has the logical consequence that some requirements on the form of Member State nationality may flow from Union law. However, while the constitu-tional logic implies some role for Union law in this field, there are scant legal materials to support this contention. Finally, the concept of mutual recognition, elevated to the political and constitutional level, gives some insight into how a ‘single polity’ of Union citizens may be possible.