Legal position of the European Central Bank in contemporary social discourse

Abstract

This paper analyzes the legal position of the European Central Bank (ECB) within the context of contemporary social conditions, focusing on the ECB’s tendency to expand its competencies and the judicial evaluation of the current monetary legislation in the practice of the European Court of Justice (ECJ). In this sense, the paper analytically examines the concept and characteristics of monetary disputes, while exploring the ECB’s contribution to democratic monetary governance through respect for the rule of law. The author pays special attention to the ECB’s role in protecting human rights, specifically considering the trend towards a so-called “humane approach” to monetary management, which has significant consequences for the preservation of monetary stability as a public good. Using the dogmatic, comparative, and axiological methods, the author aims to highlight the main dilemmas in this area from the perspective of de lege lata and possibly offer certain guidelines for de lege ferenda.

Keywords

• European Central Bank
• monetary law
• monetary stability
• rule of law
• monetary disputes