The effective functioning of a central bank rests on a solid foundation of law, governance, and institutional accountability. This course provides a comprehensive legal and political science perspective on the central banking framework. Participants will analyze the legal mandate, the critical importance of independence, the structure of the Governing Board, and the mechanisms by which central banks are held accountable to the public and government. The curriculum explores the legal authority underpinning key policy areas, such as monetary policy, financial stability, and emergency liquidity assistance, emphasizing the global trend towards greater transparency and clear separation of powers.
Central Banking Law, Governance, and Accountability
Central Banking and Monetary Policy
November 30, 2025
Introduction
Objectives
Upon completion of this program, participants will be able to:
- Analyze the legal framework and constitutional basis for central bank existence and mandate.
- Evaluate the structural, goal, and instrument dimensions of **central bank independence (CBI)**.
- Describe the optimal governance structure for the central bank's decision-making bodies (e.g., board, committees).
- Understand the legal authority and limitations for key functions (e.g., ELA, financial supervision, currency issuance).
- Design a comprehensive **accountability framework** (e.g., reporting, hearings, policy explanations).
- Assess the legal risks related to central bank balance sheet activities (e.g., QE, foreign exchange operations).
- Examine the role of internal and external audit in central bank transparency and compliance.
- Formulate legal and governance reforms to strengthen institutional credibility and public trust.
Target Audience
- Central Bank General Counsel and Legal Department Staff
- Board Members and Senior Management
- Government Officials overseeing Central Bank relations
- Policy Analysts and Economists interested in Institutional Design
- Internal Audit and Compliance Professionals
- Academics and Researchers in Public Law and Finance
Methodology
Legal case studies on central bank authority, Group project on drafting an accountability charter, Role-playing policy committee meetings, Policy debates on central bank independence and unconventional policy, Workshops on conflict of interest management, Structured discussions on legislative reform.
Personal Impact
- Master the legal and institutional framework that underpins central banking.
- Acquire specialized knowledge in central bank independence, governance, and accountability.
- Enhance analytical skills for assessing legal risk across all central bank functions.
- Gain proficiency in designing robust accountability and transparency mechanisms.
- Improve career prospects in central bank legal counsel, governance, and policy roles.
- Be able to contribute to the strengthening of institutional credibility.
Organizational Impact
- Ensure the central bank operates within its legal mandate and statutory authority.
- Strengthen institutional governance, decision-making processes, and ethical standards.
- Enhance public trust and credibility through a robust accountability framework.
- Minimize legal risk exposure across core operational and policy areas.
- Improve the rigor of internal audit and compliance with legal requirements.
- Facilitate better dialogue and cooperation with government and legislative bodies.
Course Outline
Unit 1: Legal Foundations and Independence
Section 1: Legal Mandate and Authority- The legal origins of the central bank and the constitutional/statutory definition of its mandate.
- Defining the primary objectives (e.g., price stability, financial stability) and secondary objectives.
- The concept of ultra vires and the limits of central bank legal authority.
- Analysis of the relationship between the central bank and the government/treasury.
- Dimensions of CBI: goal independence, instrument independence, and structural independence.
- Measures to protect CBI: tenure of the governor, financial autonomy, and legal protection.
- Empirical evidence on the relationship between CBI and economic performance (e.g., inflation).
- Challenges to CBI: political pressure, unconventional policies, and public criticism.
Unit 2: Governance and Decision-Making
Section 1: Institutional Structure- Optimal design of the central bank's governing body (e.g., single board, two-tier system).
- Role, composition, and skill requirements for policy committee members.
- Procedures for policy decision-making, voting, and meeting documentation.
- Managing conflicts of interest and ethical standards for central bank officials.
- Legal basis for Open Market Operations and the use of the central bank balance sheet.
- The legal framework for **Emergency Liquidity Assistance (ELA)** and its conditions.
- Legal authority for payment system oversight and FMI regulation.
- Legal implications of Central Bank Digital Currency (CBDC) issuance.
Unit 3: Accountability and Transparency
Section 1: Accountability Mechanisms- Defining accountability and the trade-off with independence.
- Mechanisms: regular reports, testimony before legislative committees, and external reviews.
- The policy explanation framework (e.g., explaining deviations from the inflation target).
- Communication policies regarding transparency of forecasts, minutes, and votes.
- The role of internal audit in assessing governance, risk management, and controls.
- External audit requirements and the legal status of the central bank's financial accounts.
- Legal risks associated with unconventional policy tools (e.g., fiscal dominance, potential losses).
- Litigation risk: legal challenges to central bank decisions and actions.
Unit 4: Reform and Comparative Analysis
Section 1: Global Trends and Reform- Post-crisis trends towards clearer mandates for financial stability and macroprudential policy.
- Legal reforms to strengthen the resolution authority and banking supervision.
- Comparative analysis of the legal and governance structures of major central banks (e.g., Fed, ECB, BoJ).
- The process of legal reform and institutional change in central banking.
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