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Harald Bolsinger
Johannes Hoffmann
Bernd Villhauer Editors
The European
Central Bank as
a Sustainability
Role Model
Philosophical, Ethical and Economic
Perspectives
Sustainable Finance
Series Editors
Karen Wendt
CEO. Eccos Impact GmbH, President of SwissFinTechLadies
Cham, Zug, Switzerland
Margarethe Rammerstorfer
Professor for Energy Finance and Investments
Institute for Finance, Banking and Insurance WU Vienna
Vienna, Austria
Sustainable Finance is a concise and authoritative reference series linking research
and practice. It provides reliable concepts and research findings in the ever growing
field of sustainable investing and finance, SDG economics and Leadership with the
declared commitment to present the theories, methods, tools and investment
approaches that can fulfil the United Nations Sustainable Development Goals and
the Paris Agreement COP 21/22 alongside with de-risking assets and creating triple
purpose solutions that ensure the parity of profit, people and planet through choice
architecture passion and performance. The series addresses market failure, systemic
risk and reinvents portfolio theory, portfolio engineering as well as behavioural
finance, financial mediation, product innovation, shared values, community
building, business strategy and innovation, exponential tech and creation of social
capital. Sustainable Finance and SDG Economics series helps to understand
keynotes on international guidelines, guiding accounting and accountability
principles, prototyping new developments in triple bottom line investing, cost
benefit analysis, integrated financial first plus impact first concepts and impact
measurement. Going beyond adjacent fields (like accounting, marketing, strategy,
risk management) it integrates the concept of psychology, innovation, exponential
tech, choice architecture, alternative economics, blue economy shared values,
professions of the future, leadership, human and community development, team
culture, impact, quantitative and qualitative measurement, Harvard Negotiation,
mediation and complementary currency design using exponential tech and ledger
technology. Books in the series contain latest findings from research, concepts for
implementation, as well as best practices and case studies for the finance industry.
Bernd Villhauer
Weltethos-Institut at the University of
Tübingen
Tübingen, Germany
This Springer imprint is published by the registered company Springer Nature Switzerland AG.
The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
Preface
While economists argue about whether the new ECB head Christine Lagarde should
continue the relaxed monetary policy of her predecessor Mario Draghi in the inter-
est of financial stability and in the direction of 2% inflation, the Research Group
Wirtschaft und Finanzen (Economics and Finance) of the Weltethos-Institut at the
University of Tübingen is pushing forward the question of whether the ECB is fail-
ing completely regarding this very issue in the interest of environmental, social, and
cultural sustainability.
The expert panel meeting on October 29, 2019, at Goethe University was pre-
ceded by Petition 429/2017 submitted by economic ethicist Harald Bolsinger to the
Committee on Petitions of the EU Parliament. This petition highlights the ECB’s
active participation in undermining the values of the Charter of Fundamental Rights
(i.e., via its portfolio policy) which is binding for all EU institutions.
With this conference, the Wirtschaft und Finanzen Research Group of the
Weltethos-Institut at the University of Tübingen posed the important question of
whether the ECB, as an EU institution, can act independently of the EU’s human
rights and sustainability principles. There is a risk that it may in fact fail to take such
principles into account for economic reasons. Measured in terms of the volume of
funds managed by the ECB, this makes the efforts of ethically sustainable invest-
ment virtually meaningless. However, sustainable investment is of great importance
as a means of social and economic transformation.
This concern was discussed and made transparent in our expert panel discussion
“A Sustainable Europe: The ECB as a cardinal mistake?” We also publicly pointed
out the ECB’s responsibility to adhere to the ethical and social principles of the EU
in their economic policy implementation.
In this respect, the Frankfurt conference brought together philosophical, eco-
nomic, legal, and political arguments which we present to a wider audience in this
publication.
We have already been able to achieve a successful first step; on November 11,
2019 Harald Bolsinger spoke before the Committee on Petitions of the European
Parliament. Parliamentarians praised the petition and resolved to pursue the matter.
The demands are to be submitted to the new head of the ECB and discussed in the
v
vi Preface
1
Meißner, Werner/Rebentisch Dieter/Wang, Wilfried HG. Der Poelzig-Bau. From I.G. Farben-Haus
zur Goetheuniversität, Frankfurt 1999.
Contents
Where Do We Stand When It Comes to Sustainable
Financial Markets?�������������������������������������������������������������������������������������������� 1
Johannes Hoffmann
Ethical Standards Beyond Monetary Policy: Approaches
to a Philosophical Foundation�������������������������������������������������������������������������� 11
Bernd Villhauer
Fundamental Rights in the Core Business of the ECB: No Issue?!�������������� 19
Harald J. Bolsinger
On the Role of the ECB in Sustainable Finance��������������������������������������������� 39
Michael Schmidt
Legal Approaches to Encouraging the ECB to Comply with Human
Rights Aspects When Establishing the List of Marketable Assets���������������� 43
Marian Szidzek
Central Banks in Europe: On the Road to more Sustainability�������������������� 55
Susanne Bergius
Appendices���������������������������������������������������������������������������������������������������������� 75
vii
Where Do We Stand When It Comes
to Sustainable Financial Markets?
Johannes Hoffmann
1 Introduction
J. Hoffmann (*)
Goethe University Frankfurt/Main, Frankfurt/Main, Germany
e-mail: [email protected]
There were already attempts in the 1920s to integrate thinking around environmen-
tal, social and sustainability issues into the investment process. However, the eco-
nomic and political possibilities of ethical money management were brought to the
fore by two spectacular measures taken by ethically oriented investors. One was the
successful boycott of Dow Chemical in the USA during the Vietnam War, due to the
company’s supply of napalm to the military. The second was the boycott of the
apartheid regime in South Africa, which contributed decisively to the peaceful
replacement of the regime. The experience of the political effectiveness of boycotts
or divestment motivated ethically oriented investors to use financial investments not
only as a means for individual spectacular actions but systematically for an ethical-
environmental shaping of the financial market. This began in the USA and England
as early as the 1980s. It is no coincidence that EIRIS is one of the oldest sustain-
ability agencies, founded by Peter Webster [2] coming from a Quaker background.
In Germany the concept of responsible investment started to emerge in the 1990s.
More and more investors recognized the ethical responsibility of their money. They
no longer wanted the money to be used for weapons production, human rights
abuses, environmental damage etc. The prerequisite for this was an instrument with
which the environmental, social and cultural compatibility of companies and other
asset classes could be evaluated.
In 1991, Christian-oriented bank managers and church institutions suggested to
found the project group Ethical-Environmental Rating (EÖR) at the Department of
Catholic Theology of the Goethe University for the development of such an evalua-
tion instrument. A first result was the so-called Frankfurt-Hohenheimer Leitfaden
(FHL) [3], an internationally recognised criteria tree, which was reflected in the
Corporate Responsibility Rating (CRR) methodology of Oekom Research AG in
Munich. The CRR is now firmly established. Oekom Research AG was able to
expand its market position and last year entered into a merger with ISS in New York.
In a further step, the research group founded a consortium of ethically oriented
investors, CRIC e.V., in 2000 as an information and investment platform [4]. Finally,
with the participation of the research group, the Forum Nachhaltige Geldanlagen
(Germany’s representative in the Pan-European Sustainable Investment Forum
EUROSIF) was founded in 2001, in which financial actors such as investment man-
agers, asset owners and service providers can get involved. The FNG awards an
annual label for the assessment of sustainability funds [5]. Developments in
Germany, as in other countries, show that ethically motivated investors have given
the impetus for the market segment of ethical investments, which they utilise.
The current state of development in Germany and Europe is a success story that
began around the year 2000. Today, trillions are invested worldwide in a large num-
ber of funds with different ethical-environmental profiles. Globally, sustainable
investing assets in the five major markets stood at $30.7 trillion at the start of 2018,
a 34 percent increase in 2 years [6].
Where Do We Stand When It Comes to Sustainable Financial Markets? 3
The natural foundations of life [13], breathing air, preserving biodiversity and
soil fertility, the abundance of fish, the climate system, raw material deposits, drink-
ing water, etc. can only be preserved if we give them back what we have used and
consumed for our purposes. If we do not give it back, we consume the inherited
substance. In fact, we are parasites who have to make sure that our host, the earth on
which we live, does not perish [14]. And we all know that. Unfortunately, this
understanding does not always correspond to our actions. The movement set in
motion by Fridays for Future may save us from not having to repent for our failures,
but we will still be confronted with that and repent, for repentance is a limping mes-
senger. He comes slowly but surely [15].
It is understandable that there are different opinions about what is meant by
ethical-environmental and social sustainability. This also applies to ESG Research
providers, which assess the sustainability performance of companies and other asset
classes and the ratings often show a large divergence. The study presented by
Döpfner and Schneider shows that the transparency of the research process and
assessment procedures does not need to be improved as much. Although the differ-
ences here are worth mentioning, they are likely to wear off or are relatively easy to
smooth out with some regulations.
In principle more problematic, is the difference in the concept of sustainability
on which the ESG Research Providers base their ratings. Some are heading for a
consistent ethical assessment by considering the conservation of natural and social
capital as sustainable, i.e. demanding both “environmentally” and “socially” sus-
tainable management. To this end, both the natural and the socially designed bases
of life and production must be preserved in their potential, natural capital as well as
social capital.
Both can only be maintained if companies do not incur losses in the longer term,
so that real economic capital, the total value of private productive and human capi-
tal, is at least preserved. Economically, sustainability must be considered as we look
at sustainability from environmental and social standpoints: From all three points of
view, sustainability demands the preservation of environmental, social, economic
and cultural substance, i.e. the preservation of the basis of life and production. This
is a clear definition of sustainability based on the Brundtland Commission’s
definition.
Those who make sustainability progress dependent on positive financial returns
have a strong motivation to postpone conservation investments. The same suspicion
is (rightly) levelled at companies that attach importance to making a sustainable
investment based on their individual preferences.
(“Customized”) valuation methods try not to be subjected to external ratings, but
rather try to base everything on their own customized internal evaluations.
According to the Brundtland definition and its interpretation by the German
Commission of Enquiry “Protection of Humankind and the Environment”
(26.06.1998), the goal of sustainable development is that the common goods used,
whether natural or socially designed, are no longer consumed, but are preserved (or
restored) in their potential for future generations, in such a way that they will not be
Where Do We Stand When It Comes to Sustainable Financial Markets? 5
worse off in the satisfaction of their needs than those currently living. Each indi-
vidual company must be measured against this goal.
This goal of an uncompromising definition of sustainability, i.e. for the preserva-
tion of substance instead of externalisation and therefore for sustainable competi-
tion, must be maintained. A sustainability rating following this definition may only
award the highest rating to companies or capital investments that treat all common
resources used in the same way as their own production facilities, by avoiding or
compensating for any consumption of natural and social capital through appropriate
replacement investments.
And the other levels of the evaluation scale must be oriented to the effect of the
conservation investments: the greater the remaining externalisation, the more nega-
tive the evaluation. This would gradually ensure that renewable resources—ecosys-
tems, the climate system, human health, social integration—can be restored and that
non-renewable resources—consumed raw materials or fossil energy sources—can
be reused or replaced by renewable ones within the framework of the circular econ-
omy. The ideal goal must be that no more “waste” is produced.
From a macroeconomic point of view, this must be financially viable in the long
term, but the sustainability rating of the individual company must not, under any
circumstances, be profit-oriented, not even additionally. This would violate the sus-
tainability objective, which calls for more sustainable production to grow, but at the
same time for less sustainable production to shrink; and it would also violate the
market economy principle, which measures market performance against real sales
increases and excludes all profits generated by unfair competition or pure financial
manipulation.
So if we consider the dimensions of sustainable development to be not only envi-
ronmental, social and cultural, but also economic, the consideration must be ori-
ented to the real “substance” from which we live and which we must preserve. None
of the three dimensions can be substituted by another, certainly not by financial
capital, not even at the ECB, since those dimensions are not competing with each
other, as for the return on investment, it makes no difference whether the profit is
generated by maintaining or consuming the real substance.
Unfortunately, we live in Western “feel-good capitalism … in an externalisation
society that functions in the mode of exploitation. Through the externalisation of
constraints, one’s own freedoms are created, one’s own opportunities are secured
through the destruction of foreign living environments, one’s own circumstances are
lived out through a policy at the expense of third parties.” [16] PUMA and OTTO-
Versand, for example, have calculated how high the externalised costs are in envi-
ronmental and social terms in the context of their productions.
Sustainability in the comprehensive sense means that any externalisation of costs
for the use of common resources is excluded.
6 J. Hoffmann
When sustainability ratings are applied, a list of exclusion criteria is often omitted.
Exclusion criteria often include the following: “There is no investment in compa-
nies which manufacture weapons of war and other military equipment, which carry
out animal experiments, which produce addictive substances such as alcohol and
tobacco, or which violate human rights”. There are some reasons why companies
and capital investments should not be assessed on the basis of exclusion criteria:
The first reasons are historical. The first step in the ethical-environmental evalu-
ation of capital investments was made through exclusion criteria. In addition, the
use of exclusion criteria corresponds to an Anglo-Saxon practice and tradition. At
the beginning of the 1990s, when banks in Germany were considering the ethical-
environmental evaluation of capital investments, they came to the conclusion that
the German-speaking and continental European markets required a more differenti-
ated criteriology. The application with a more or less large number of exclusion
criteria alone was inappropriate to our moral understanding.
For this reason, the research group Ethical-Environmental Rating presented the
Frankfurt-Hohenheim Guideline in 1997, the only internationally recognized crite-
rion to date. The guideline comprises approx. 850 individual criteria, which extend
over three value dimensions, namely:
–– environmental compatibility
–– social compatibility
–– cultural compatibility.
Together with Oekom Research AG, Munich, the project group welded this
unique evaluation system into a rating concept, the Corporate Responsibility Rating
(=CRR). Both in the Criteriology of the FHL and in the questionnaire of the CRR,
the items are queried in a differentiated form, which are also targeted with exclusion
criteria. In contrast to the examination of as many individual companies as possible
according to exclusion criteria, the CRR rates as many companies as possible in a
specific industry. The companies are not only evaluated individually and then
excluded if necessary, but rather viewed in relation to their competitors in their own
industry, i.e. they are given an ethical-environmental rating within their industry. In
other words: through the Corporate Responsibility Rating an investor can select the
companies that are assessed as “best-in-class”.
This process not only offers a transparent opportunity to make ethical-
environmental investment decisions, but also Its investment decision led by the
“best-in-class system” has ethical-environmental effects on the overall economic
development, because it triggers ethical competition both within the companies and
between the industry sectors.
This is very helpful for an ethically oriented investor, since he not only pursues
his individual interests, but at the same time sets in motion other developments in
the economy that trigger ethical-environmental innovations on a broad basis and
Where Do We Stand When It Comes to Sustainable Financial Markets? 7
bring about a gradual change in the capital market towards more ethical
performance.
The “best-in-class approach” takes into account the fundamental ethical experi-
ence that every human action has a double effect, i.e. has both positive and negative
consequences. This dilemma cannot be avoided by relying on exclusion criteria. In
the CRR according to the Frankfurt-Hohenheim Guidelines, no company is there-
fore deliberately excluded from the outset; instead, the ratings show the degree of
ethical-environmental responsibility the company shows in comparison with its
competitors. In addition, an opportunity and risk assessment or an analysis of the
company’s strengths and weaknesses makes it transparent to the companies as to
how they can improve ethically. In the long term, we should continue along this
path. Obviously, there are other forms which go into the same direction, i.e. engage-
ment, measuring actual impact (i.e. through the SDGs).
However, we are becoming more and more aware that, in the medium and long
term, ethical competition within and between industries will require us to expand
the ethical-environmental investment spectrum as much as the climate crisis
requires.
The effects that this has had and will have on the financial market are consider-
able, but far from sufficient for rapid and effective change in the economy if we
want to mitigate or even avert a catastrophe.
To avert a catastrophe, I consider the concept of radical decarbonisation devel-
oped by Thomas Weber together with Nana Karlstetter and Gerhard Hofmann to be
effective. If we want to make the continued existence of mankind and the world
possible, we must become aware of the approaching climatic catastrophe so as to
transform our behaviour to drastically reduce world-wide CO2 emissions. How is
this possible?
The concept “starts with the reduction of the release of previously fossil-bound
CO2, because the environmental necessity demands an absolute quantitative upper
limit and thus an almost complete cessation of this release in the future as a prereq-
uisite for all further transformation steps ….” [17] On the basis of the current CO2
release and an upper limit for global warming of 1.5 degrees Celsius, the global CO2
budget available within the upper limit should be largely exhausted in 20 years at
the latest—even with a drastic continuous reduction. The proposal therefore aims at
implementation (decarbonisation) in 20 years.
The aim of the proposal is to shape the transformation socially in such a way that
it meets the equality requirement necessary for the acceptance of the transformation
by providing all citizens with an equal CO2 budget—i.e. an equal share of natural
resources—and by ensuring that the transformation does not result in only the rich
being able to consume CO2, i.e. that financial resources are redistributed from
“wrong” to “right” consumption. In this context, “right” means avoiding products
and services that release CO2. This requires that citizens, as consumers, be given an
incentive and the opportunity to receive an income that they would not have without
this transformation, i.e. that a prerequisite be created for the acceptance of the nec-
essary transformation.
8 J. Hoffmann
As Harald Bolsinger made clear in his petition to the European Commission, “the
European Central Bank (ECB) is indirectly involved in undermining the fundamen-
tal values of the European Union. This is done on a daily basis by trading in securi-
ties linked to breaches of the Charter of Fundamental Rights of the European Union.
The impact of this action may have a significant impact on the further development
of the European Union, given the large volumes of transactions carried out by the
ECB.” [20]
One cause—perhaps even the origin—is the stimulation of growth and financial
assets by the German Act to Promote Economic Growth and Financial Assets
(StabG) of 1967. The act came into being under the chancellorship of Kiesinger and
Economics Minister Schiller. In the interest of a more or less even economic growth,
the ideas of John Maynard Keynes came into play and replaced the previously pre-
dominant ordoliberal thinking. During my economics studies in Munich 1963—1965
I remember the lectures of Prof. Pfister e.g. on “General Economics and Economic
Policy”. Nature, labour and capital were taught to us as the basis or means of pro-
duction of the economy as equivalent and equally to be considered means of eco-
nomic development. Or to put it another way: natural capital as the totality of the
natural goods of production and social capital as the totality of the production pre-
requisites provided by the respective culture.
Where Do We Stand When It Comes to Sustainable Financial Markets? 9
References
1. Jean Ziegler, in: Tahir Chaudhry, Süddeutsche Zeitung, 2./3.9.2017, Nr. 202, Seite 50. See:
Jean Ziegler. Der schmale Grat der Hoffnung. Meine gewonnenen und verlorenen Kämpfe und
die, die wir gemeinsam gewinnen werden, München 2017.
2. Webster, Peter, Ethical Investment Research Service, London; in: Roche, Peter/Hoffmann,
Johannes/Homolka, Walter, Hg., Ethische Geldanlagen. Kapital auf neuen Wegen, Frankfurt
1992, p. 62-77.
3. Hoffmann, J. /Ott, K. /Scherhorn, G., Hg. , Ethische Kriterien für die Bewertung von
Unternehmen – Frankfurt-Hohenheimer Leitfaden, Frankfurt/Stuttgart 1997
4. Information: www.cric-online.org
10 J. Hoffmann
5. Information: www.forum-ng.org; see also the very informative last newsletter Nr. 95,
August 2019.
6. http://www.gsi-alliance.org/wp-content/uploads/2019/06/GSIR_Review2018F.pdf
7. Information: [email protected]
8. Zitiert nach oekom, Corporate Responsibility Review 2012, p. 14.
9. Schäfer, H.; Hauser-Dietz, A.; Preller, E.S., Transparenzstudie zur Beschreibung ausgewählter
international verbreiteter Rating-Systeme zur Erfassung von Corporate Social Responsibility,
Gütersloh/Stuttgart 2004
10. Döpfner, C.; Schneider, H.A.; Nachhaltigkeitsratings auf dem Prüfstand. Pilotstudie zu
Charakter, Qualität und Vergleichbarkeit von Nachhaltigkeitsratings, Erkelenz 2012,
see: https://www.cric-online.org/images/individual_upload/publikationen/nachhaltig-
keitsstudie2012.pdf.
11. Rat für Nachhaltige Entwicklung, see www.nachhaltigkeitsrat.de/nachhaltigkeit.
12. Meyer-Abich, Klaus Michael (2001): Nachhaltigkeit – ein kulturelles, bisher aber chancenlo-
ses Wirtschaftsziel, in: Zeitschrift für Wirtschafts- und Unternehmensethik 2 (3), 303f.
13. see Art. 20a Grundgesetz: „Der Staat schützt auch die natürlichen Lebensgrundlagen.“
14. See Kaltenbrunner, Gerd-Klaus, Schmarotzer breiten sich aus. Parasitismus als Lebensform.
Die öffentlichen Verschwender/Zur Philosophie des Parasitären/Der Staat und das ‚Soziale‘/
Paradoxien des unbeschwerten Menschseins … München 1981.
15. See for the acceptance of repentance in other contexts: Käppner, Joachim, Die späte Reue der
Konzerne, in Süddeutsche Zeitung 28./29.Mai 2014, Nr. 122, Seite 17.
16. St. Lessenich, Neben uns die Sintflut. Westlicher Wohlfühlkapitalismus lebt nicht über seine
Verhältnisse. Er lebt über die Verhältnisse anderer, in: Süddeutsche Zeitung, 30.10.2014,
Nr. 250, 9.
17. Weber, Thomas, Politischer Vorschlag zu einem „Transformationsvermögen“/
„Transformationseinkommen“als Gestaltungs- und Steuerungsinstrument in
der unausweichlichen sozial-ökologischen Transformation. Cited from man-
uscript in preperation (21.2.2019), und https://www.agentur-zukunft.
eu/2019/06/111-vollstaendige-dekarbonisierung-budgetorientiert/
18. Hofmann, Gerhard/Karlstetter, Nana/Weber, Thomas, , Politischer Vorschlag zu einem
„Transformationsvermögen“/ „Transformationseinkommen“als Gestaltungs- und
Steuerungsinstrument in der unausweichlichen sozial-ökologischen Transformation.
Manuskript from 21.2.2019, cited from Hoffmann, Johannes, Meine Träume zu Kirchfinanzen
und Kirchenentwicklung in Deutschland, Genf 2019, p. 79ff.
19. Zitiert nach: Stremlau, Silke, Nachhaltigkeit als Chance – Haltung, Regulatorik und
Querdenken im Finanzmarkt, manuscript, p. 3.
20. Bolsinger, Harald, Petition from May 2017; http://www.wirtschaftsethik.biz/publikationen/
verpflichtung-der-Europäischen-Zentralbank-auf-EU-Grundrechte
21. Gammelin, Cerstin, Interview, Die Geldpolitik hat ihre Handlungsfähigkeit verloren. Maria
Draghi, der scheidende Präsident der Europäischen Zentralbank, hat vieles richtig gemacht,
findet Peer Steinbrück – etwa mit Niedrigzinsen geholfen, als die Euro-Staaten Reformen
versäumten. Dann aber habe er den entscheidenden Moment verpasst, in: Süddeutsche
Zeitung, 22.10.2019, Nr. 244, p. 22.
22. Zydra, Markus, Neue Frankfurter Schule. Schluß mit Notenbanker-Fachsprech? Was die desig-
nierte EZB-Chefin Lagarde anders machen will als ihre Vorgänger, in: Süddeutsche Zetung,
3.9.2019, Nr. 203, p. 17
23. Gammelin, Cerstin, Jens Weidmann. Geldpolitischer Oppositionschef in der EZB, in:
Süddeutsche Zeitung, 17.10.2019, Nr.240, p. 4
Ethical Standards Beyond Monetary
Policy: Approaches to a Philosophical
Foundation
Bernd Villhauer
Abstract This paper illustrates why the European Central Bank has obligations
that go far beyond economic and financial market-related responsibilities. As a
European institution, it is committed to a core set of values, especially with regard
to the preservation of human rights. These obligations are part of its contribution to
the creation of a social and ecological market economy in Europe and do not con-
flict with its regulatory and market-related responsibilities.
The tasks of the European Central Bank (ECB) and the matters it deals with are
wide-ranging. The 1992 Maastricht Treaty and the 2007 Lisbon Treaty defined the
fundamental elements of what the ECB is and how it should function. Since the
Lisbon Treaty, the ECB has been defined as an inherent institution of the EU: like
the European Parliament, the European Council, the Council of the European
Union, the European Commission, the Court of Justice of the European Union and
the European Court of Auditors.
What is the specific responsibility and jurisdiction of the ECB as an EU institu-
tion as well as a European institution? It is important to bear this in mind at a fun-
damental level, for Europe is not only a community of peace and economic
togetherness, but also a community of shared-values based on philosophical and
ethical principles. These values also bind us together as Europeans, and these same
values will allow us to create a sustainable future.
B. Villhauer (*)
Weltethos-Institut at the University of Tübingen, Tübingen, Germany
e-mail: [email protected]
The question now is: how can we actually turn our pretty soap-box speeches into a
concrete reality? In order to answer this question, the European contracts and trea-
ties must be examined closely. The European founding documents reveal a threefold
origin in terminology as well as in objectives:
–– From the philosophical heritage of ancient Greece and Rome
–– From the Christian set of values and its perception of humankind
–– From the eighteenth century Enlightenment.
These elements have contributed to a European understanding of values as a
basis for national and transnational structures; the dynamics of the European unifi-
cation process with all its paradoxes and contradictions will be better understood if
we recognize this variety and hold ourselves back from pitting one element against
the other. The shared-values as a whole give the European project its specific
identity.
In order to gain a better understanding of the intellectual foundations of Europe,
the major speeches and announcements of important actors must be taken into
account. It is imperative to know how Robert Schuman, Konrad Adenauer, Alcide
de Gasperi, Walter Hallstein, Jacques Delors, Helmut Kohl and Jean-Claude Juncker
described the European shared-value system. We will then have a better understand-
ing of the hopes and goals with which our European “home” was built.
This has been put into concrete terms in European treaties such as the Maastricht
Treaty, which merges the previous unification treaties into the various European
Communities (EEC, ECSC, EURATOM). However, the concrete formulations in
the founding documents of the EU must always be understood within the frame-
work of their philosophical and ethical prerequisites. These lead to a specifically
European conception of humankind which can be expanded into individual values.
A series1 edited by Clemens Sedmak lists: Solidarity, Freedom, Equality,
Tolerance, Peace and Human Dignity. However in 2010 and 2018 the European
Commission conducted a survey to gain insight into what Europeans believed to be
inherent “European values” and obtained the following results: peace, human rights,
democracy, rule of law, solidarity/support of others, respect for human life, freedom
of the individual, respect for other cultures, equality, tolerance, self-realization and
religion. Interestingly, there was a noticeable shift of emphasis on certain values
from November 2010 to March 2018. In 2018 “peace” was at the top of the list with
39%, in 2010 “human rights” and “democracy” were both at the top with 38% each.
The proportion of people who found “none of these values” important was 3%
(2010) and 5% (2018).2
1
Clemens Sedmak (ed.), Grundwerte Europas, Darmstadt (WBG), 7 volumes, 2010-2017
2
Europäische Kommission: Eurobarometer 89: Die europäische Bürgerschaft, 03/2018,
Eurobarometer 74: Die öffentliche Meinung in der Europäischen Union, 11/2010
Ethical Standards Beyond Monetary Policy: Approaches to a Philosophical Foundation 13
The Treaty on European Union, Article 2 reads as follows: “The values on which
the Union is founded are respect for human dignity, freedom, democracy, equality,
the rule of law and respect for human rights, including the rights of persons belong-
ing to minorities. These values are common to the Member States in a society in
which pluralism, non-discrimination, tolerance, justice, solidarity and equality
between women and men prevail.” Such statements cannot be properly interpreted
unless it is clear that they are intended to build a framework of action based on ethi-
cal convictions and standards. This also applies to economic activities within
Europe, as well as to our foreign trade relations.
Article 3, paragraph 3 states, “The Union shall establish an internal market. It
shall work for the sustainable development of Europe based on balanced economic
growth and price stability, a highly competitive social market economy, aiming at
full employment and social progress, and a high level of protection and improve-
ment of the quality of the environment … ” According to the EU, then, it is a social
and ecological market economy. It is prepared to combine economic development
with social and political objectives instead of pitting them against each other. This
was made clear as early as May 9th 1950 in the famous Schuman Declaration, “The
French Government proposes that Franco-German production of coal and steel as a
whole be placed under a common high authority, within the framework of an orga-
nization open to the participation of the other countries of Europe. the pooling of
coal and steel production should immediately provide for the setting up of common
foundations for economic development as a first step in the federation of Europe,
and will change the destinies of those regions which have long been devoted to the
manufacture of munitions of war, of which they have been the most constant
victims.”
The Treaty of Lisbon states that the EU should develop into a “competitive social
market economy.” Ensuring prosperity and full employment should go hand in hand
with preserving employers’ rights. It is no coincidence then that the treaty also
declares the EU’s accession to the European Convention on Human Rights.
It begs the question then, how can we connect the economy and the shared-
values in the context of the European institutions? How can traditions become
guidelines for action and what does this mean for the ECB?
One of the classic mechanisms of arbitration and implementation is the law. The
implementation of ethical principles via legal means must be required and pro-
moted. European law can certainly be understood as an implementing body of a
shared understanding of values, also with regard to the ECB's policy. The European
Community sees itself as a constitutional entity. Its actions and the role of the
institutions are laid down in treaties. All treaties, from the Treaty of Rome (1957) to
the Treaty of Lisbon (2007), were repeatedly amended, construed in debates and
reshaped in detail. The European Central Bank, with its legal foundation, is also the
14 B. Villhauer
subject of such discussions, with both the various national concerns and the EU’s
position in world markets dictating contexts for discussion.
But this is where the fundamental issue of the ECB’s independence comes into
play. The central bank was designed as an independent body with an extensive
scope for action for good reason, and it has been assigned the main task of ensuring
price stability for equally good reason. How can its mandate be understood in this
context? Clearly, the ECB must be independent of political influence in its decision
making. It was not created to support the economic policies of individual actors; it
must make decisions for the good of the European community as a whole and main-
tain a long term perspective. It can only do both as an independent institution.
However, it is also inherently embedded in fundamental European norms such as
the recognition of human rights, and therefore also dependent on these norms. These
shared values can be understood as essential elements and prerequisites of the ordo-
liberal framework which the ECB, like all other EU institutions, must adhere to. The
ECB is free to act independently within this framework. The drafting of the ECB's
price stability policy also occurred independently within this framework.
Is this legal dimension sufficient? The connection between law and values can be
addressed with this question: where does the relation with codified law begin, and
where does it end? When must law be complemented by ethical reflection in theory
and an ethos in practice? The age-old debate on “law” vs. “justice,” i.e. on the nor-
mative aspects of law, cannot be addressed here. We leave this to Feuerbach,
Radbruch, Geiger, Kelsen, Fikentscher and Rüthers, all of whom can give insight
into this complex question. The former President of the Constitutional Court of
Baden-Württemberg, Eberhard Stilz, described the relationship between law and
ethics as follows, “… the totality of moral norms, i.e. the ethos, is an indispensable
foundation and reference for legal norms.”3
He argues that the supreme law within our legal system is also our most funda-
mental value: the inviolability of human dignity. To further illustrate his point he
quotes the so-called Böckenförde Dilemma, which I will cite here in shortened
form, "the liberal, secularized state lives by requirements that it cannot guarantee
itself (…) On the one hand the liberal state can only survive if the freedom it grants
its citizens is regulated from within by the moral substance of each individual and
the homogeneity of society itself. On the other hand, it cannot guarantee these inter-
nal regulatory forces on its own, by means of legal coercion and authoritative
decrees, without relinquishing its liberal character, and, on a secularized level slip
3
In: Ulrich Hemel (ed.), Weltethos für das 21. Jahrhundert, Freiburg i.Br. 2019, pg. 140
Ethical Standards Beyond Monetary Policy: Approaches to a Philosophical Foundation 15
back into totalitarianism from which it once led society out of in the
Confessional Wars.”4
I believe it to be of use to relate this insight, which initially refers to religious
traditions and norms, to the sphere of the European legal system. First of all, it is
important to note that the European system is very different from what the above
citation deems the “state.” Next we must ask whether or not, and if so how, the con-
cept of "homogeneity" plays a role. If homogeneity is not defined too narrowly, as
cultural, linguistic or even ethnic homogeneity, then we can broaden our view of
living together on the basis of shared-values, a European understanding of what it
means to be humans, a European understanding of the world and also of the law.
This is not only theoretical in nature, but based on experience; anyone who has trav-
eled outside of Europe, whether it be to Ghana or Paraguay, to China or Korea, or
even to the USA or Russia, has surely noticed how specifically European her or she
is, and undoubtedly realized what connects him or her with a Portuguese, a Polish,
or a Dutch person.
It is interesting that Böckenförde explicitly refers to the establishment of peace
after the series of religious wars, which were inherently European conflicts. He also
addresses another aspect that is important to fully comprehend the moral founda-
tions or parameters of legal provisions: the interpretation of legal norms, as well as
their implementation and practical application in everyday life. In a liberal or free
society, a person must constantly make the conscious choice to comply with legal
norms. They must also interpret them in a way that corresponds to the overall con-
text and objectives of the legal system. Their individual ethos and their ethical com-
petence to speak and act in the right way must complement the legal guidelines; in
essence breathe life into them. “Compliance” must be complemented by
“conscience”—a constant check of one’s conduct and one’s conscience.
This applies to both the individual as well as the collective level. The economic
and financial policy of the EU must also be subject to a constant process of critical
self-reflection. This critical reflection has two advantages: on the one hand, it
enables internal learning processes both in the specific field of financial policy and
in the larger field of European unification. On the other hand, it abets international
legitimacy, strengthens unity and imparts vitality. This is more important than ever
in view of the current rise of national populisms and the crisis of multilateral orga-
nizations and agreements.5
4
Quote from: Hemel 2019, pg. 143
5
A reference concerning the threat to the regulatory and arbitrational role of the World Trade
Organization (WTO) in the current (December 2019) world situation must be included here.
16 B. Villhauer
Alongside a variety of measures, the ECB practices enormous interventions with its
purchasing programs. Broad, sweeping statements (“whatever it takes..!”) regarding
future policies inherently impact and change the situation of all market participants.
This power must go hand in hand with responsibility and accountability. Ethical
competences must be a vital requirement in the political and economic sphere as
well. The social market economy in Germany is a perfect example of how an ethical
framework does not destroy the market, but shapes it instead. Looking at the German
economy, ethics is clearly not a limiting factor, but rather a driver of innovation.
Therefore the “responsible finance approach” also opens doors, not to restrict the
financial market, but to transform it.
Pricing mechanisms play a special role here. It is worth recalling the discussions
regarding the Corporate Sector Purchase Programme (CSPP) and the criticism of
economists as to whether the wrong incentives for price formation were given,
whether misallocations were abetted and whether there was a risk of market distor-
tion. It is not easy to find a balance, but much like the adherence to the standards of
fundamental human rights and social norms, we must find a way to design a sustain-
able market that does justice to the current situation and paves the way for a social
and ecological market economy. To this end, however, the naive idea of self-
regulating markets must be put into question. Theorists can learn a lot from practi-
tioners who have long been confronted with political markets or pricing mechanisms
in which externalizations of the costs of environmental destruction are not factored
into the price.
What will be the development of the ECB’s concrete policy in the near future? This
depends on many factors, such as the global economic environment and nationalist
and populist movements in the various countries. However, the policy of the new
ECB President Lagarde will also play a major role in this development. There are
many indications, based on what has been made public regarding Christine Lagarde’s
plans, that sustainability will play a greater role, at least the tendency seems to be
there. Two major recurring themes in her speeches are “responsible finance” and
“sustainable finance.” Will she really put more emphasis on a more sustainable
Europe? In the past, she has repeatedly taken a stand for a more sustainable and
ethically minded financial system.
Any actions taken in the direction of accountability and sustainability will not
only presumably harmonize with the "Green New Deal" announced by Ursula von
der Leyen, President of the European Commission, but also mutually reinforce one
another. However, resistance from the ECB’s Executive Board, and/or from the cen-
tral banks of member states is also to be expected. A well- known voice of opposi-
tion is the president of the Bundesbank, Jens Weidtmann, who stated at an ECB
event in Frankfurt in October 2019, “I believe that a resolute and effective climate
policy is necessary—but only by implementing the right measures and via demo-
cratically legitimized actors.” He continues, clearly taking an opposing stance in
light of demands for the purchase of “green” bonds and the creation of a sustainable
portfolio: What measures should be taken, what behavior should be encouraged or
punished? These are political questions that elected governments and parliaments
must answer.”6
It is within Christina Lagarde’s power to put this in a new perspective. At the
hearing before ECON, the European Parliament’s Committee on Economic and
6
Quotes from: „Handelsblatt“, 29.10.2019
18 B. Villhauer
Monetary Affairs, which was part of her nomination process, she stated, “… the
discussion on whether, and if so how central banks and banking supervisors can
contribute to mitigating climate change is at an early stage but should be seen as a
priority.” However, she also pointed out the leadership responsibility of the European
Commission, “The most appropriate, first-best policy response and initiatives pri-
marily fall outside the realm of central bank policies.”7 It remains to be seen what
this will mean for the ECB.
Bibliography
1. Markus Brunnermeier, Harold James, Jean-Pierre Landau, Euro. Der Kampf der
Wirtschaftskulturen, München (C.H. Beck) 2018
2. Europa-Recht (dtv Beck Texte), München (C.H. Beck) 201727
3. Nils Goldschmidt/Michael Wohlgemuth (ed.) Grundtexte zur Freiburger Tradition der
Ordnungsökonomik, Tübingen (Mohr Siebeck) 2008
4. Michael Heine/Hansjörg Herr, Die Europäische Zentralbank. Eine kritische Einführung in die
Strategie und Politik der EZB und die Probleme in der EWU, Marburg (Metropolis) 20083
5. Ulrich Hemel (ed.), Weltethos für das 21. Jahrhundert, Freiburg i.Br. (Herder) 2019
6. Hans Joas/Klaus Wiegandt (ed.), Die kulturellen Werte Europas, Frankfurt a.M. (Fischer) 20105
7. Clemens Sedmak (ed.), Grundwerte Europas, Darmstadt (WBG), 7 volumes, 2010-2017
8. Alexander Thiele, Die Europäische Zentralbank: Von technokratischer Behörde zu politischem
Akteur?, Tübingen (Mohr Siebeck) 2019
7
Quotes from: „The Parliament”, 06.09.2019
Fundamental Rights in the Core Business
of the ECB: No Issue?!
Experience with the EU Petition 429/2017
Harald J. Bolsinger
Abstract Petition 0429/2017 has been brought forward by Prof. Harald Bolsinger.
In this article he describes backgrounds and developments around the petition. The
petition, submitted on May the 8th 2017, addressed the investments policy of the
ECB. Compliance with EU Fundamental Rights, it claimed, should be specifically
included into the eligibility for EU owned assets. As Bolsinger explains, at the
moment the ECB is involved in violations of the Charter of Fundamental Rights of
the European Union through possession and trading of unethical securities.
Our world is facing major economic, ecological, cultural and social challenges,
which all influential players must help to overcome—including the financial indus-
try. This experience report explains the origins of the EU petition 0429/2017 and its
development until the end of 2019. This paper describes the process from the peti-
tioner's subjective point of view and thus conveys his personal perception and
opinion.
The earth’s temperature will most likely increase by nearly 5 degrees Celsius by
2050 if all companies worldwide were to follow the production of the companies in
the DAX 30! The global warming contribution of the DAX 30 companies ranges
from just under 1 to up to 11 degrees Celsius. This would surely result in the utter
ruin of the earth and humanity as a whole would be threatened. This climate indicator
H. J. Bolsinger (*)
Faculty for Economics and Business Administration, University of Applied Sciences
Würzburg-Schweinfurt (FHWS), Münzstraße 12, Würzburg, Germany
e-mail: [email protected]
the belief that the business in question shall grow or at least remain as profitable as
it is at the time of investment. Nobody invests with the intention that his investment
will be lost or that the return expectations will not be met. Investment and lending
therefore have a clear normative dimension: what the money is invested in is
regarded as desirable, worthy of promotion and ethically good. With his money, the
investor enables growth and continuity of the business in which he invests. However,
countless commercial banks act as if this is not the case. They publicly present
themselves as trustworthy, honest and credible having no intention to do anyone or
anything harm. Unfortunately, their investment activities reflect exactly the oppo-
site. They often green wash their actions by putting solar panels on the roof, offering
Fair Trade coffee to their customers and printing on recycled paper. At the same
time, however, billions are invested in coal-fired power plants, exploitative business
models and large banks that actively promote tax avoidance and conduct wealth
management for war criminals. These depots or “places of horror” are hidden from
the public and remain undisclosed for reasons of competition policy.
While commercial banks can largely determine their own exclusion criteria for
investments, this has never been the case for the European Central Bank. The mini-
mum requirement regarding the ethics of this European institution’s portfolio policy
is laid down in a binding agreement in the Charter of Fundamental Rights of the
European Union. The Lisbon Treaties empower the EU Charter of Fundamental
Rights as the primary law in all European institutions. This is also true for the ECB!
All the activities of the ECB as an European institution must, therefore, comply with
the codified values of the Charter of Fundamental Rights. This is the sober regulatory
framework that is already in place and this is how the ordoliberal principle of our
European eco-social market economy functions. This is also the reason why in the-
ory the ECB is a role model for the commercial banks to not participate in and not
promote environmental destruction, the acceptance of child labor as well as slave
labor, the facilitation of corruption and fraud in its financial market policy, which is
designed independently of day-to-day political influence. Upon first glance I thought
monetary policy does not need to go hand in hand with companies that commit the
above-mentioned crimes in order to function. However, on closer inspection, I dis-
covered that the ECB does not care at all about its exclusionary criteria or has even
been remotely held accountable to them by anyone so far! It became clear to me why
so many, and I mean so many, commercial banks do not waste a single thought on the
indirect impact of their investments. For the great regulator, the ECB, does not do it
either—although it has been obliged to do so for more than a decade. So why should
the small commercial banks be obligated to do so?
The reason for this blatant ignorance is quite simple and wearisome—it is to
maintain a so called “market neutrality.” Participation in corrupt business and tar-
geted environmental destruction is owed to market neutrality—that’s the way the
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you are located before using this eBook.
Language: English
THOMAS JEFFERSON
1801–1805
HISTORY
OF THE
THOMAS JEFFERSON
By HENRY ADAMS
Vol. II.
NEW YORK
CHARLES SCRIBNER’S SONS
1889
Copyright, 1889,
By Charles Scribner’s Sons.
University Press:
John Wilson and Son, Cambridge.
CONTENTS OF VOL. II.
CHAPTER PAGE
I. Rupture of the Peace of Amiens 1
II. The Louisiana Treaty 25
III. Claim to West Florida 51
IV. Constitutional Difficulties 74
V. The Louisiana Debate 94
VI. Louisiana Legislation 116
VII. Impeachments 135
VIII. Conspiracy 160
IX. The Yazoo Claims 192
X. Trial of Justice Chase 218
XI. Quarrel with Yrujo 245
XII. Pinckney’s Diplomacy 264
XIII. Monroe and Talleyrand 288
XIV. Relations with England 316
XV. Cordiality with England 342
XVI. Anthony Merry 360
XVII. Jefferson’s Enemies 389
XVIII. England and Tripoli 410
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