CONSISTENCY AND COHERENCE IN ADJUDICATING THE ECB'S UNCONVENTIONAL MONETARY POLICY. Issue 4 (October 2021)

• Record Type: Journal Article
• Authors: Gerner-Beuerle, Carsten; Küçük, Esin
• Is Part Of: International and comparative law quarterly. Volume 70:Issue 4(2021)
• Page Start: 859
• Page End: 893
• Publication Date: 2021-10
• Subjects: EU law -- Gauweiler -- Weiss -- monetary policy -- monetary financing -- asset purchase programmes -- proportionality; International law -- Periodicals; Comparative law -- Periodicals; 340.2
• DOI: 10.1017/S0020589321000270
• Languages: English
• ISSNs: 0020-5893

Abstract

Abstract: Few court cases in the history of European integration have been more controversial than the decisions of the Court of Justice of the EU and the German Federal Constitutional Court on the European Central Bank's public sector asset purchase programmes. This article regards consistency and coherence in the case law as uncontroversial minimum conditions that have to be satisfied for the decisions to gain legitimacy. It assesses the case law against this benchmark and determines the limits of asset purchase programmes under a consistent and coherent application of the legal tests developed by the courts.