MEP Siegbert Frank Droese (ESN) has raised concerns that the European Commission's proposed digital euro may exceed its legal basis under Article 133 of the Treaty on the Functioning of the European Union (TFEU). In a parliamentary question submitted on 18 June 2026, Droese argues that the digital euro framework includes elements—such as mandatory acceptance requirements, integration of digital identity systems, and interventions in payment market structures—that go beyond classic monetary policy measures. He asks the Commission whether it considers Article 133 TFEU alone sufficient for the entire legal framework, and where the limits of that article lie in relation to the digital euro.
The question, addressed to the Commission, reflects a legal and political challenge to the digital euro project, which aims to create a central bank digital currency (CBDC) for the euro area. Droese's inquiry targets the scope of EU competence, potentially affecting stakeholders including the European Central Bank (as issuer), payment service providers (who may face new obligations), and consumers (who could be subject to mandatory acceptance). The MEP's intervention comes amid ongoing legislative work on the digital euro, with the Commission having proposed a regulation in 2023.
he demands clarification on the precise limits of Article 133 TFEU and which measures would exceed it. The Commission is expected to reply within approximately six weeks, and its answer will signal whether it views the digital euro as purely monetary policy or as a broader regulatory intervention requiring additional legal bases. The response could influence the legislative trajectory and potential legal challenges to the digital euro.