Green Monetary Policy in the EMU and its Primary Law Limits

33 Pages Posted: 22 Aug 2022

See all articles by Matthias Mayer

Matthias Mayer

University of Bonn, Department of Law, Chair of German and European Constitutional and Administrative Law

Jonas Schürger

Sernetz Schäfer Rechtsanwälte

Date Written: August 22, 2022

Abstract

The issue of sustainability has hardly left any sector or area untouched. This also applies to financial markets: the EU Member States are trying to transform their economies into net-zero carbon ones, the Commission has presented a comprehensive action plan on sustainable finance, and the ECB and ESAs are increasingly focusing on ESG risks in their supervision. This wave has also reached the field of monetary policy. The ECB has explicitly declared its intention to green monetary policy.

This chapter aims to contribute to the ongoing debate on European green monetary policy by addressing its primary legal framework. In a first step, the chapter describes the main instruments envisaged by the ECB to green the Union’s monetary policy. In a second step, the conformity of these measures with EU primary law is assessed. It will be examined whether the ECB has the necessary competences and whether other legal principles prevent the transformation to a green monetary policy. As a result, concrete primary law limits for a green monetary policy are derived from the analysis.

Keywords: Green Collateral, Green Bonds, Preferential Purchases, Market Neutrality, Institutional Balance, Price Stability

JEL Classification: E52, E58, F33, K23, Q50, Q58

Suggested Citation

Mayer, Matthias and Schürger, Jonas, Green Monetary Policy in the EMU and its Primary Law Limits (August 22, 2022). European Banking Institute Working Paper Series 2022 - no. 127, Available at SSRN: https://ssrn.com/abstract=4196583 or http://dx.doi.org/10.2139/ssrn.4196583

Matthias Mayer (Contact Author)

University of Bonn, Department of Law, Chair of German and European Constitutional and Administrative Law ( email )

Adenauerallee 24-42
Bonn
Germany

Jonas Schürger

Sernetz Schäfer Rechtsanwälte ( email )

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