Anna Gorska
Functioning of European Central Bank and European System of Central Banks legal aspects



That article was devoted to the problems considering legal and institutional harmonisation process in the member states of the European Union and the Economic and Monetary Union. The main goal of that process was the legal basis creation for the European Central Bank activity and also adaptation of the candidate states national regulations in a way that allows functioning of independent central banks within European System of Central Banks. Those conditions were fulfilled by states once and definitely. Therefore at the beginning of the May 1998 - just before EU Brussels Summit where final decisions considering qualifying particular countries to EMU were taken – all EU member states already have had independent central banks and mostly harmonised law.

Legal regulation harmonisation referred to three domains:
  1. Central banks independence,
  2. National central banks integration within European System of Central Banks,
  3. Other legal regulations that adoption was necessary because of Euro introduction.
The independence criterion is the one of the EMU functioning fundamental principles and this is a reason why so much space in that article was devoted to that matter. Four aspects of independence were described in detail: functional, institutional, personal and financial. Particular indication was paid to the provisions of the Maastricht Treaty and the Statute of the European System of Central Banks, which guarantee that those would be followed.

National Central Banks and the European Central Bank despite their independence do not stay beyond external control. Reporting responsibilities imposed on the European Central Bank, external audit and publications devoted to the System activity are a form of supervision.

Integration of the National Central Banks within the European System of Central Banks was a second domain where changes were necessary in all member states legislation. The main goals of that integration were: acceptation of the ECB competence to make decisions and assurance of ability to accomplish by NCB all tasks which belongs to their responsibilities because of their integral membership in ESCB. In order to achieve this goal all member states had to introduce into their legal systems homogenous laws that establish NCB aims, tasks and instruments to realise them.

The following chapter of that article is dedicated to the problems considering structure and scope of the ECB activities. It points out the legal basis and tasks, which were charged to the ECB and its bodies: Executive Board, General Council and Governing Council.

Regarding the National Bank of Poland capability to meet requirements resulted from ESCB membership, the author in the ending remarks points out Polish regulations that are incompatible with the EU regulations or their compatibility is questioned.

In the article the main regulations considering ESCB updated as of the 31 March 1999 were also disclosed.



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