+++Publication alert+++

Happy that "#Greening the Economic and Monetary Union (EMU)" was accepted by the Common Market Law Review, the top-field EU law journal.

Climate becoming part of EMU policies is at odds with the traditional legal architecture
papers.ssrn.com/sol3/papers.cf…
Fiscal, financial and monetary policies - each of them recently integrated climate policy concerns through policy and law changes.
This leads to more interdependence & coordination between these policy areas.
A challenge for the traditional legal architecture because EU Treaties strictly separate these policy areas
Courts that continue to insist on policy delineation (e.g. German Consstitutional Court) will take issue with interdependence and spillovers.
The European Court of Justice is more flexible.
How much climate can ECB integrate into monetary policy besides price stability? Secondary mandate is unchartered territory legally

ECB needs guidance on policy priorities from elected institutions, e.g. Council or EUParliament. To make sure ECB only "supports" economic policis.
EU fiscal rules can be interpreted and applied to favor green investment to some extent. No Treaty changes required.
Will climate stability become new paradigm in EMU? After price stability, fiscal and financial stability, now climate stability? There is a grid of legal rules in primary and secondary law that could point in that direction. This will change the normative setup of EMU.

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More from @armin_steinbach

May 14, 2020
Tracing the mastermind behind #BVerfG judgment isn't easy. But the judgment draws & quotes heavily from a thoughtful article by Mark Dawson&Ana Bobic @thehertieschool published 2019 in CMLReview

Their criticism became punchline of the #BVerfG ruling against #ECB & #ECJ. Thread
First, Dawson/Bobic criticized that #ECJ already in its #OMT judgment had poorly assessed the evidence provided by #ECB to support OMT

Just as #BVerfG had previously criticized OMT & now argues that ECJ assessment of #PSPP is methodologically flawed (para. 137 of judgment)
...then they point at poor #ECJ analysis of possible alternatives to #PSPP. ECJ should have checked for measures with less burdensome economic side-effects.  

#BVerfG picked up this point in paras 139ff arguing that ECJ unproportionality test is insufficient
Read 7 tweets

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