The legal framework for central bank independence
About the course
Participants will explore legal frameworks that safeguard central bank independence. The training will address the impacts of uncertainty on legal risk profiles and highlight best practices. Key topics include future-proofing mandates, establishing legal protections for senior management, and understanding the implications of independence on financial stability. Collaborative discussions will allow attendees to share insights on their central bank structures. This engaging course will equip participants with the practical tools and knowledge necessary to navigate the complex legal landscape of central banking.
Tutors
Sakshi Gupta, Head of legal for central banking, Bank of England
In this role, Sakshi is responsible for legal advice across the Bank’s markets, banking and payments operations, banknote issuance, commercial agreements and the internal affairs and governance of the Bank. Prior to joining the Bank in 2015, Sakshi was a corporate lawyer at the London offices of Clifford Chance LLP. Sakshi is admitted as a solicitor in England & Wales and is a qualified lawyer in India. She completed her legal education at National Law School of India University, Bengaluru, and the University of Oxford (BCL).
Katy Morely, Deputy head of legal for central banking, Bank of England
In this role, Katy is primarily responsible for advising markets (covering a wide remit including market operations, foreign exchange and financial risk management) and the internal affairs and governance of the Bank. Katy has also advised on resolution and financial market infrastructure regulation during her time at the Bank. Prior to joining the Bank in 2016, Katy was a capital markets lawyer at Allen & Overy Sherman LLP. Katy is admitted as a solicitor in England & Wales and studied Law at Durham University.
Agenda
Welcome and context-setting
- Speaker introductions
- Course overview
- Present context: independence amid uncertainty
Pillars of central bank independence
- Historical context: the origin story
- The four pillars of central bank independence
- Constitutional independence
- Institutional independence
- Financial and economic independence
- Personal independence
- Comparative analysis of international frameworks
Future-proofing mandates: legal approaches
- Legal foundations for safeguarding central bank independence
- Defining the role(s) and scope of the central bank’s remit
- Checks and balances
Legal frameworks for safeguarding executive management immunity
- Significance of immunity on central bank independence
- Establishing legal protections for bank senior management
- Balancing independence/immunity with mandate, accountability, and reputation
Implications of independence on financial stability
- Interplay between central bank independence and financial stability
Discussion: legal structures
- Group discussion of delegate central bank’s respective legal structures
Closing remarks
- Course summary
- Key takeaways
Learning objectives
- Identify how current uncertainties impact legal risk profiles
- Discover best practices for safeguarding independence
- Understand the connection between independence and financial stability
Who should attend
- Board members
- Governors
- Deputy governors
- Assistant governors
- General counsel
- Deputy general counsel
- Directors/heads/chiefs of legal affairs/services
- Legal affairs/services officers
- Directors/officers of national, institutional, financial, and supervisory law
- Directors/officers of legislation
- Head of secretariats
- Heads of supervision
- Heads of risk management
- Chief strategic officers