Some interesting caveats to the conclusion that OMT is not incompatible with the ECB’s legal role. One is that ‘the Treaty does not prohibit operations on the secondary market but it does require that, when the ECB intervenes on that market, it does so with sufficient safeguards to ensure that its intervention does not fall foul of the prohibition of monetary financing’. In that context the ECJ Opinion notes that the ECB had never said it intended to hold any bonds purchased to maturity, which therefore may be an issue for QE.
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