When to Use European Consensus

Abstract

European consensus (EuC) is an interpretative tool employed by the European Court of Human Rights (henceforth ‘the Court’) and constitutes a fundamental aspect of its decision-making process. At a time when the legitimacy of the Court as the ultimate arbiter of human rights protection in Europe is under challenge by many of the Contracting Parties to the European Convention on Human Rights (‘ECHR’ or ‘the Convention’), consensus-based interpretation provides a useful means to legitimise the Court’s judgments and ensure their enforcement.