The Principle of Proportionality and Cash Payment Limits: An Analysis of European Central Bank Opinions
The Principle of Proportionality and Cash Payment Limits: An Analysis of European Central Bank Opinions
Author(s): Viliam PoništSubject(s): Law, Constitution, Jurisprudence, Public Law, History of European Union, Law on Economics, Financial Markets, Fiscal Politics / Budgeting, EU-Legislation
Published by: Univerzita Komenského v Bratislave
Keywords: EU Law; European Central Bank; Proportionality; Euro; Cash; Cash Limitations
Summary/Abstract: This paper examines the European Central Bank's evolving interpretation and application of the principle of proportionality regarding national legislation limiting cash payments within the EU. Through a comprehensive analysis of ECB opinions issued over the past decade, the study traces how the ECB's assessment framework has developed from general considerations of compatibility with legal tender status to a more nuanced evaluation encompassing the appropriateness, necessity, and proportionality stricto sensu of proposed measures. It contributes to the understanding of how the principle of proportionality operates as a crucial legal standard in balancing legitimate public policy objectives with the preservation of cash as legal tender in the European monetary system in the view of ECB.
Journal: Bratislava Law Review
- Issue Year: 9/2025
- Issue No: 2
- Page Range: 211-226
- Page Count: 16
- Language: English
