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THE STATE OF THE EUROPEAN UNION

46

times even used by the European monetary

policy makers themselves.

Firstly, it is essential to clarify the true mean-

ing of the narrow conceptual framework that

the Treaty of the EU lays down for monetary

policy. What should we understand by price sta-

bility and what should we understand by a

monetary policy to this end? And, on the basis

of that clarification, we must focus the analysis

on the greater or lesser convergence between

monetary policy and policy to promote invest-

ment, regarding both the instruments to be

used and the possible compatibility or comple-

mentarities of their respective objectives.

The Treaty on the Functioning of the European

Union

While in general terms it is usual to refer to the

idea that the purpose of the ECBand the

Eurosystem or the European System of Central

Banks (ESCB) is to manage Eurozone monetary

policy, the Treaty on the Functioning of the

European Union is rather more precise.

Indeed, the Treaty makes a distinction be-

tween “the primary objective” and “the basic

tasks” of the ESCB. Article 127 Section 1 states

that the “primary objective” of the ESCB shall

be to “maintain price stability”. It is the most

important statement that Article 127 as a whole

makes on the matter and which, apparently, is

possibly the greatest obstacle to Eurosystem ac-

tivity having a greater structural relationship

with the Eurozone’s productive economy.

However, Article 127 Section 1 then states

that “Without prejudice to the objective of price

stability, the ESCB shall support the general eco-

nomic policies in the Union with a view to con-

tributing to the achievement of the objectives of

the Union as laid down in Article 3 of the Treaty

on European Union”. And it goes on to state

that “The ESCB shall act in accordance with the

principle of an open market with free competi-

tion, favouring an efficient allocation of resourc-

es and in compliance with the principles set out

in Article 119”.

Taking all that into account, we can say that

the objectives of the ESCB according to the

Treaty on the Union can be summarised as fol-

lows:

– Primary Objective:

price stability

.

– Objectives of the Union gathered in Article 3

of the Treaty.

– ������������������������������������������

Principle of an open market with free com-

petition.

– Efficient allocation of resources.

– Principles of Article 119 of the Treaty

(Coordination of Member States’ economic

policies, internal market, public finances and

stable balance of payments).

In short, it seems clear that the primary pur-

pose of Eurosystem activity, according the Treaty

of the European Union, is monetary policy un-

derstood as “maintenance of price stability”.

This is precisely the delimiting framework that

the Treaty lays down for the operations of the ECB

and of the Eurosystem. This is what was explained

in a precise manner by the Advocate General of

the Court of Justice of the European Union, whose

opinion of 14 January 2015 said the following:

– ���������������������������������������������

“130. [...] if a measure belongs to the cate-

gory of instruments which the law provides

for carrying out monetary policy, there is an

initial presumption that such a measure is

the result of [...] monetary policy [...] a pre-

sumption that could be rebutted if [...] the

measure were to pursue objectives other

than those specifically listed in Articles

127(1) TFEU and 282(2) TFEU”.

– 132. [...] in order for a measure of the ECB

actually to form part of monetary policy, it