Ar Lietuvos centrinio Banko teisinis statusas atitinka Europos Centrinio Banko reikalavimus, Lietuvos Respublikai įstojus į Europos Sąjungą

Abstract

Magistriniame darbe yra nagrinėjama Lietuvos Banko teisnio statuso atitiktis Europos Centrinio Banko reikalavimams. Yra nagrinėjami ir lyginami nacionaliniai teisės aktai, reglamentuojantys Lietuvos Banko veiklą ir Europos Sąjungos teisės aktai, reglamentuojantys Europos Centrinio Banko bei visos Europos Centrinių Bankų Sistemos veiklą: Europos Sąjungos Steigimo Sutartis, Europos Centrinio Banko Statutas. Be teisinės analizės yra taip pat pateikiama Europos Centrinio Banko bei Europos Centrinių Bankų sistemos atsiradimo istorija ir prielaidos.

From the ancient times in XIII century Lithuania was seeking unity with the rest of Europe. After 1990 when Lithuania declared restitution of it independence it takes strategic orientation to the European and transatlantic structures of safety and political cooperation. Lithuania declared her target to join European Community in 1995. This tar-get was achieved on 1st of May .2004, when Lithuania signed Treaty of European Union. Joining EU was not a target itself. The primary task was to ensure the better living condi-tions and more opportunities for the whole Lithuania population. Entering EU Lithuania also is ready to step into European Monetary Union and introduce euro as a legal payment mean in Lithuania. Lithuania applied for entering EMU on 16th of March 2006 and was hoping to join EMU form the 1st of January 2007. In order to join EMU Lithuania should fit economical and legal criteria of EMU. The task of this MBA research was to define is national laws regulating Lithuanian central Bank activities are compatible with EU legislation in order to join EMU. The purpose of this research was to analyze Lietuvos Banko įstatymą (Law of Bank of Lithuania) compliance with Treaty of European Union and Statute of European Central Bank. In order to make right conclusions we also should review structure of ECBS and ECB and legislation regulating these entities.. The author of this research should prove or reject hypothesis that law of Bank of Lithuania is compatible and fits all requirement that arises from legislation of EU and ECB. The object of research is Law of Bank of Lithuania, Constitution of Lithuania Republic, Treaty of European Union, Statute of European Central Bank and other legal acts. In the research author overviewed the history of formation of EMU which started in 1958 when Monetary Committee was established. Establishment of European Monetary System was another big step to EMU in 1978 The current European Monetary System started functioning on 1st of January 1999, when 11 countries, member of EU joined CRM – 2 The creation of European Mone-tary System took three stages. On the first stage of EMU which began in 1994 and ended in 1998 main EMU institutions were established. On the second stage were nominated 11 countries which fulfills criteria to introduce single currency. The third and the final stage of creating EMU started in 1999. In this stage irrevocable national currency rates with euro of 11 EU countries were fixed. European Central Bank overtook responsibility for the whole monetary policy of EMU. The main part of now existing European System of Central Banks (ESCB)is European Central Bank (ECB) The main target of ESBC and ECB is formulated in the Treaty-to maintain price stability in the whole euro area. ECB also perform other tasks such as formation and implementation of EU monetary policy, foreign currency exchange operations, maintaining official EU foreign currency reserves, maintaining of payment system (TARGET), supervision of credit insti-tutions. The research describes and analyzes ECB legal structure and principles of activities of ECB.. Decision making and decision executing bodies of ECB is analysed in order better understand what are requirements for national central banks of countries, seek-ing to join EMU. The regulation and compliance of national legal acts according EU legislation started in 1998. The biggest attention was paid to independence of Lithuania Central bank. The independence in accordance with ECB statute was analyzed in different aspects:as functional independence, as institutional independence, as personal independence of me-mebers of central bank governing bodies.; financial independence. Author of the MBA research found that legislation of Bank of Lithuania in general fits all requirements of EU Treaty and Statute of ECB. There were also made recommendation to put more clarity into legislation defining and governing State Control in order to avoid interruption of independence of central bank of Lithuania..