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Radboud Repository
Article . 2021
Data sources: Radboud Repository
SSRN Electronic Journal
Article . 2021 . Peer-reviewed
Data sources: Crossref
Common Market Law Review
Article . 2021 . Peer-reviewed
Data sources: Crossref
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Digital Euro and ECB Powers

Authors: Grünewald, S.N.; Zellweger-Gutknecht, C.; Geva, B.;

Digital Euro and ECB Powers

Abstract

The use of cash in the euro area is declining. Accordingly, the European Central Bank is exploring options for the design of a digital euro as a form of central bank money available to the public. This article addresses the key question of whether the Eurosystem is empowered to issue a digital euro and, if so, in what form. Based on a historical, teleological, and systematic interpretation, it argues that Article 128(1) TFEU serves as both a source of competence for the Eurosystem to issue a digital euro and a limitation to that competence. The Eurosystem’s powers are necessarily exclusive and must prevail over the remaining competence of Member States to issue tangible coins on the basis of Article 128(2) TFEU. The article also addresses whether a digital euro would and should possess legal tender status, referring to recent case law in the field.

Country
Netherlands
Related Organizations
Keywords

Financieel Recht, Financial Law, Sectorplan Rechtsgeleerdheid - Digitalisering

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    11
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Top 10%
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Top 10%
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Top 10%
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
11
Top 10%
Top 10%
Top 10%
Green
bronze