The ECB’s mandate in the face of climate change and biodiversity loss

Open Access
Authors
Publication date 2024
Host editors
  • R. Smits
Book title Sustainable Finance and Climate Change
Book subtitle Law and Regulation
ISBN
  • 9781800377271
ISBN (electronic)
  • 9781800377288
Series Elgar Financial Law and Practice
Pages (from-to) 137–218
Publisher Cheltenham: Edward Elgar Publishing
Organisations
  • Faculty of Law (FdR) - Amsterdam Center for European Law and Governance (ACELG)
Abstract
This chapter delves into the mandate of the European Central Bank in relation to climate change and biodiversity loss. It reflects on the history of the interpretation of the ECB’s mandate and discusses the international developments on climate change on central banking and financial-sector supervision (NGFS, TCFD, BIS) and interprets the ECB’s primary mandate of maintaining price stability and its secondary mandate (to support the general economic policies in the Union with a view to contributing to the achievement of the objectives of the EU which include climate change-related objectives). The chapter sees strong arguments to read the primary and secondary mandates as not only permitting but requiring the ECB to take full account of climate change and biodiversity loss, while additional arguments can be derived from the integration provisions of the TFEU and the binding nature of the Paris Agreement. The chapter refutes that the open market principle forms an obstacle to its reading and discusses the operational consequences of this interpretation, also in the field of prudential supervision of banks and against the background of the EU taxonomy.
Document type Chapter
Language English
Related publication Sustainable Finance and Climate Change
Published at https://doi.org/10.2139/ssrn.3913653 https://doi.org/10.4337/9781800377288.00017
Downloads
SSRN-id3913653 (Submitted manuscript)
9781800377288-book-part-9781800377288-17 (Final published version)
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