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The Eurosystem and the Single Supervisory Mechanism: institutional continuity under constitutional constraints

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  • Gren, Jakub

Abstract

This paper analyses regulatory solutions that have been adopted to address constitutional constraints imposed on the functioning of the Single Supervisory Mechanism (SSM), in which the ECB’s exclusive supervisory competence is carried out. It argues that the operational framework governing the functioning of the SSM has assimilated, to a certain extent, three specific regulatory solutions underpinning the workings of the ESCB/Eurosystem: 1) the (legislative) allocation of certain tasks and responsibilities between ECB internal administrative bodies and structures; 2) the possibility of internal delegation of decision-making powers; and 3) the decentralised exercise of certain of the Union’s tasks. Such a design of the SSM reflects institutional continuity concerning a political choice on how to achieve stage one of a genuine Economic and Monetary Union. It concludes that the Union operates at its best when centralised decision-making on substantial policy issues is combined with a decentralised operational framework allowing for the meaningful involvement of national administrations in the exercise of Union exclusive competences. JEL Classification: K10, K40

Suggested Citation

  • Gren, Jakub, 2018. "The Eurosystem and the Single Supervisory Mechanism: institutional continuity under constitutional constraints," Legal Working Paper Series 17, European Central Bank.
    • Handle: RePEc:ecb:ecblwp:201817
    Note: 1844273
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    File URL: https://www.ecb.europa.eu//pub/pdf/scplps/ecb.lwp17.en.pdf
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    References listed on IDEAS

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    1. Sylvester C.W. Eijffinger, 2003. "The federal design of a central bank in a monetary union: The case of the European system of central banks," International Journal of Finance & Economics, John Wiley & Sons, Ltd., vol. 8(4), pages 365-380.
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    Cited by:

    1. Hjalte Lokdam, 2020. "‘We Serve the People of Europe’: Reimagining the ECB's Political Master in the Wake of its Emergency Politics," Journal of Common Market Studies, Wiley Blackwell, vol. 58(4), pages 978-998, July.
    2. Lokdam, Hjalte, 2020. "We serve the people of Europe: reimagining the ECB's political master in the wake of its emergency politics," LSE Research Online Documents on Economics 111873, London School of Economics and Political Science, LSE Library.

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    Keywords

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    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

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