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 Is a Digital Euro Legal?


Hubert DE VAUPLANE * Avocat au barreau de Paris, Sciences Po (Paris). Contact : hubert.devauplane@sciencespo.fr.

This article analyses the legality of the creation of a digital euro by the European Central Bank with respect to European law. After having recalled and examined the various dispositions that could potentially be used and having discussed the judicial features of a digital euro and the notion of legal tender with respect to these same texts, the article considers that at the very least it would be preferable to modify the ECB's statutes, and ideally to modify article 128 of the Treaty on the Functioning of the European Union in order to avoid the legal risk of a challenge to the legality of the ECB's power.