Marko Dimitrijević, PhD
Faculty of Law, University of Niš, Serbia

The subject of the paper is the impact of European monetary integration on the formation and development of domestic monetary law, and as its subject of legal regulation. European monetary law is a hybrid branch of law understood as a set of legal norms defining the monetary unit for the denomination of public debt. As such, it represents a good example of flexibility, dynamism, complexity, and the vital importance of the contemporary monetary legislation, the significance and relevance of which, in both academic and practical terms, are reflected in the preservation of monetary stability, as an essential public good, and monetary rights of the monetary citizen, i.e. citizens who live under domestic monetary jurisdiction, to have a stable and sound domestic currency. The impact of European monetary integration is particularly noticeable in the harmonisation of regulations within the competence of the central bank with supranational lex monetae. The same is true for the central bank’s competence to adopt monetary legal rules from acts of secondary monetary legislation defined within the new models of macroeconomic governance in EMU during the debt crisis, which enables the harmonisation of national banking policies at the EU level. Also, the new competencies of the supreme monetary national institution with regards to the aim of maintaining financial stability, its function as the bank of last resort for preventing the financing of terrorism, and competencies related to the fight against financial crimes, confirm the thesis about the evolution of central bank competencies towards common European values and axiology of European monetary legislation. By applying the dogmatic, comparative, and axiological methods, the paper seeks to identify existing differences between domestic and European monetary legal solutions and the achieved de lege results. The paper also offers certain de lege ferenda guidelines for shaping future monetary nomotechnique aimed at providing the optimal and sustainable monetary legal answers to the issues arising in the realm of the law of value.

Keywords: monetary law, EU, lex monetae, monetary stability, central bank.

Amtenbrink, A. et al. 2020. The EU Law of Economic and Monetary Union. Oxford: Oxford University Press.

Cooperation Arrangement between the National Bank of Serbia and the Single Resolution Board. Available at:  (25. 8. 2018).

Cottier, T. (ed.) 2021. The Prospects of Common Concerns of Humankind in International Law. Cambridge: Cambridge University Press.

Dimitrijević, M. 2019. The Evolving Concept of Lex Monetae in European and International Monetary Law. Foreign Legal Life, 63(4), pp. 81-92.

Dimitrijević, M. 2020. The Institutional Aspects of European Economic Policy Mechanism: The Implication for Serbia. EU and Comparative Law Issues and Challenges Series: EU 2020 – Lessons from the past and Solutions for the Future, 2020(4), pp. 993-1015.

Dimitrijević, M., Golubović, S., 2020. The Influence of the EU Banking Union on the Development of Serbian Monetary Law. in: I. Bajakić & M. Bozina (eds.) EU Financial Regulation and Markets – Beyond Differentiation and Fragmentation. Zagreb: Faculty of Law, pp. 79-91.

Feibelman, A. 2012. Europe and Future of International Monetary Law. TLCP, pp. 101-137.

Golubović, S. 2018. The Legal Basis of the National Bank of Serbia’s Responsibility for Preserving Monetary and Financial Stability. Collection of Papers of Niš Law Faculty, pp. 81-99.

Golubović, S. & Dimitrijević, M. 2020. Vodič kroz monetarno pravo EU. Niš: Centar za publikacije i izdavaštvo Pravnog fakulteta.

Gortsos, C. V. 2020. European Central Banking Law: The Role of the European Central Bank and the National Central Banks under European Law. London: Palgrave Macmillan.

Hirschberg, E. 1973. Modern Problems of Monetary Law. Comparative & International Law Journal of Social Affairs,  1973(6), pp. 259-272.

Hirschberg, E. 1981. Contemporary Monetary Problems and Their Legal Effects. Acta Juridica, 1981, pp. 89-93.

Lastra, M. R. 2015. International Monetary and Finacial Law. Oxford: Oxford University Press.

Laurens, B. J. et al. 2009. Central Bank Independence, Accountability and Transparency. London: Palgrave Macmillan.

Law on Digital Assets, Official Gazette of the Republic of Serbia, no. 153/2020.       

Law on National Bank of Serbia, Official Gazette of the Republic of Serbia, no. 72/2003, 55/2004, 85/2005, 44/2010, 76/2012, 106/2012, 14/2015, 40/2015, 44/2018.

Meichsner, P. 1981. Osnovi monetarnog prava. Zagreb: Informator.

Prokopijević, M. 2012. Evropska unija – Uvod. Beograd: Službeni glasnik.

Satragno, L. 2021. Monetary Stability as Common Concerns in International Law – Policy Cooperation and Coordination of Central Banks. Leiden & Boston: Brill Nijhoff.

Steinbach, A. 2016. The Lender of Last Resort in the Eurozone. Common Market Law Review, 53(2), pp. 364-378.

Ziloli, C. 2019. Standard of Review of Central Bank Decisions: An Introduction, In: Building Bridges: Central Banking Law in an Interconnected World. Frankfurt am Maine ECB Press, pp. 1-6.

Zimmerman, C. D. 2013. A Contemporary Concept of Monetary Sovereignty. Oxford: Oxford University Press.

Joint Conclusions of the Economic and Financial Dialogue between the EU and the Western Balkans and Turkey, The Economic and Financial Dialogue between the EU and the Western Balkans and Turkey, Brussels, May 17, 2019, ECOMP 1A, 9474/19.

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