UDC 347.734:34](4)
Biblid: 1451-3188, 9 (2010)
Vol. 10, No 33-34, pp. 144-161

Оriginal article
Received: 01 Jan 1970
Accepted: 01 Jan 1970


Obradović Kristina (Виши стручни сарадник у Дирекцији за законодавно-правне послове у Народној банци Србије),

Tending to analyze the legal nature and status of the European central bank, author, first of all, takes into account the provisions of the Treaty on European Union and the clarifications which were made by the Treaty of Lisbon, in respect of this legal nature and status. However, refusing to keep this consideration on the level of terminology debate, author is trying to determinate the attributes of a legal personality or, in other words, the legal capacity of the European central bank – making an analogy with the legal capacity of an international organization. Thus, the special attention is paid to the contractual capacity of the European central bank, its privileges and immunities, its territorial and personal jurisdiction, international relations into which it enters, its capability to make actions in the legal proceedings, as well as to liability of the ECB. Having in mind considerations mentioned above, the author concludes that the European central bank is legal person, with full legal capacity on the territories of the EU member states; that it has a capability of entering into the international contracts and into relations with the subjects of international law; that privileges and immunities, similar as the ones granted to an international organization, are granted to the ECB as well; that it is liable for damage caused by its decision-making bodies or by its servants in the performance of their duties; and finally, that it has capability to sue and to be sued.

Keywords: Legal nature of European central bank, contractual capacity, privileges and immunities, territorial and personal jurisdiction, ECB in international relations, capability to make actions in legal proceedings, liability