Verfassungsfragen des Bargeldes

Cash is currently the subject of public debate. It competes with electronic means of payment. At the same time, within the euro area, cash remains the only legal tender. Against this background, the study locates the constitutional status of cash and critically examines both state-imposed and private restrictions on its use.
From a fundamental rights perspective, considerations of individual liberty must be taken into account (cashless payments invariably leave data traces), as well as issues of equality, since electronic payments entail a potential for discrimination. Particular significance attaches to the fact that, in today’s crisis‑ridden environment, cash forms part of what is referred to as critical infrastructure.