Some Quick Takeaways from the ECJ Opinion of Advocate General Cruz Villalón on the ECB’s OMT
The Advocate General (AG) has spoken on the ECB’s OMT program today. Apparently the markets were more concerned about the latest U.S. retail sales numbers than delighted about the “okay in principle provided that” signal sent from Luxembourg to the German triangle of euro power (Frankfurt, Berlin, and Karlsruhe).
First of all, in the AG’s view, OMT constitutes monetary policy but not economic policy. That was one of the critical issues. The German Constitutional Court (GCC) had preliminarily concluded that the ECB may be stepping outside the monetary policy domain, for which it enjoys exclusive competence. In its previous judgment on the Pringle case the ECJ found that the ESM constitutes economic policy, which remains primarily a national responsibility in Europe’s Economic and Monetary Union, and does not encroach on the ECB’s territory. On OMT the opposite verdict was reached, based on the following evaluation:
“in order for a measure of the ECB actually to form part of monetary policy, it must specifically serve the primary objective of maintaining price stability and it must also take the form of one of the monetary policy instruments expressly provided for in the Treaties and not be contrary to the requirement for fiscal discipline and the principle that there is no shared financial liability. If there are isolated economic-policy aspects to the measure at issue, the latter will be compatible with the ECB’s mandate only as long as it serves to ‘support’ economic policy measures and is subordinate to the ECB’s overriding objective” (AG 2015, No. 132).
In other words, the AG sides with the ECB’s argument that OMT is about “unblocking” the monetary transmission mechanism, and hence monetary policy, rather than a measure designed to facilitate the funding of certain member states, which would make it economic policy instead. OMT is judged to be an unconventional monetary policy instrument designed to meet the exceptional challenges of the day.
“Despite the efforts of the European Union (‘the Union’) and the Member States, the risk premia for bonds of various euro-area States rose sharply in the summer of 2012. In the face of investors’ doubts about the survival of monetary union, the representatives of the Union and of the States of the euro area repeatedly stressed that the single currency was irreversible. It was at that time that the President of the ECB, in words that were subsequently repeated over and over again, stated that he would, within his mandate, do whatever it took to preserve the euro” (AG 2015, No. 20).
While the objective of “preserving the euro” would seem to go well beyond the supposedly narrow monetary mandate of maintaining price stability, the ECB, in a way, merely promised to back up with money what the political leaders had declared to be their ultimate economic policy objective: the irreversibility of the common currency. This would seem to also make it an incident of ECB “support” of the union’s general economic policy: supportive words on words of support. A less generous observer might be tempted to say that failure on the part of the political authorities to establish sound institutions and policies that would foster area-wide prosperity and the sustainability of the common currency gets temporarily plastered over by the threat of meeting speculative attacks by throwing central bank money at it.
The AG has interesting things to say on market speculation. continue reading…
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