摘要：Article 122(2) of the Treaty requires the ECB
(and the Commission) to report, at least once
every two years or at the request of a Member
State with a derogation, to the EU Council in
accordance with the procedure laid down in
Article 121(1). Each such report must include
an examination of the compatibility between,
on the one hand, the national legislation of each
Member State with a derogation, including the
statutes of its NCB, and, on the other hand,
Articles 108 and 109 of the Treaty and the
Statute of the European System of Central
Banks and of the European Central Bank
(hereinafter the ¡°Statute¡±). This Treaty
obligation applying to Member States with a
derogation is also referred to as ¡°legal
convergence¡±. When assessing legal
convergence, the ECB is not limited to a formal
assessment of the letter of national legislation
but may also consider whether the
implementation of the relevant provisions
complies with the spirit of the Treaty and the
Statute. The ECB is particularly concerned
about recent growing signs of pressure being
put on the decision-making bodies of some
Member States¡¯ NCBs, which would be
inconsistent with the spirit of the Treaty as
regards central bank independence. Therefore,
the ECB will closely monitor any developments
prior to any final positive assessment concluding
that a Member State¡¯s national legislation is
compatible with the Treaty and the Statute.
