European Consensus in Value-Laden Areas: A Constitutional Tool in the Evolution of the Legal Orders of the Council of Europe and the European Union
European Consensus in Value-Laden Areas: A Constitutional Tool in the Evolution of the Legal Orders of the Council of Europe and the European Union

Summary/Abstract: This article examines the doctrine of European consensus as a constitutional tool in the case law of the ECtHR and CJEU, particularly in value-laden areas. It argues that consensus facilitates soft convergence of norms among Member States, not only guiding interpretation but shaping constitutional evolution. The article formulates and tests two hypotheses: first, that supranational courts guide domestic legal evolution through convergence without enforcing uniformity; and second, that European consensus both reflects and drives constitutional development. It analyses the legitimising role, transformative capacity, and limitations of the doctrine, including the lack of clear methodology, the risk of majoritarian bias, and political contestation. It concludes that the effectiveness of the doctrine depends on transparency and contextual sensitivity. Amid growing value-based tensions in the EU, European consensus remains a key – though imperfect – mechanism for balancing integration and pluralism.

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