The ECB has two mandates its primary and secondary mandate. Its primary mandate has been the focus of many discussions but its secondary mandate is less frequently discussed. Nevertheless this mandate has important objectives and should not be considered obsolete. This article examines the legal status of the secondary mandate of the ECB with regard to climate change. In particular this article will consider the role of the secondary mandate with regard to the Digital Euro and energy targets. The Digital Euro can be used as a monetary tool and improve payment systems. However, depending on its design the Digital Euro can use a considerable amount of energy. This article concludes that if the design of the Digital Euro does not impact the monetary objectives, the secondary mandate of the ECB determines the design of the Digital Euro.
In December 2018, the Grand Chamber of the European Court of Justice delivered its judgment in the Weiss case. This case is the most recent development in the Euro crisis case law. The financial crisis has shown the difficulty in determining the precise limits to the mandate of the European Central Bank. The Gauweiler case provided a legal framework but also left unanswered questions. This contribution will first provide the background to the Euro crisis and the context of the case then continue by giving a short summary and analyses of the Opinion of the Advocate General and the judgment of the Court. Finally, a reflection will be given on what lessons can be taken from the Weiss case. As the Weiss case appears to be last in Euro crisis case law, this reflection will include an overall analysis of the current interpretation of the mandate of the European Central Bank post-Euro crisis.
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