Consensus principle

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The consensus principle is a way of making decisions in a group. Decisions are made without a dissenting vote. In common parlance, the consensus principle is an alternative to the majority principle . The legal term consensus principle is used in property law .

General term

Decisions made by consensus often do not require express consent, but neither do they go along with open rejection. All group members must agree or be prepared to give up or postpone their dissenting opinion or their concerns about the decision to be made. They then support the decision despite their concerns.

A distinction must be made between the principle of consensus and the principle of collegiality , in which decisions are made internally according to the majority principle, but externally represented with one vote.

Advantages and disadvantages

The advantage of the consensus principle is that each individual's voice carries great weight and must be heard. The principle of consensus presupposes a high level of responsibility in the group, because everyone who votes must be aware that their 'no' blocks the process. He has to weigh for himself whether his reasons are so important to stop the process, or whether he put his concerns aside and wants to support the decision.

Voting is free from open or secret clusters, hardly person-oriented and independent of the skillful use of rhetorical skills. Consensus decisions are characterized by a style of discussion that is strongly oriented towards the matter itself and the overall goal. The process-based nature of the decision-making process is therefore given greater weight. A group that agrees on a principle of consensus must have great mutual trust to work towards the same goal despite differing opinions.

The main disadvantage is a discussion that can take a long time. The de facto veto right of the individual can - for whatever reason - prevent a decision. Especially groups that hardly know each other are quickly blocked. If everyone who wants their interests to be safeguarded is not interested in the functioning of the group, no decision can be made.

practice

The consensus principle has been the fundamentally and generally recognized basis for decision-making in all areas of the alternative movement since the 1970s. A project founded in 1973 and to this day also organized on a grassroots basis - Oktoberdruck in Berlin - has differentiated the consensus principle in the course of its company history. In more recent German political contexts, it regained prominence as the basis for decision-making in the reference group model and in the “non-violent action groups” that z. B. are known from the dispute over the storage of nuclear waste in Wendland . Members of the attac network , in which the principle of consensus is also practiced, are by and large of the opinion that it is well worth it. In addition, in many self-administered projects of the ecological movement, decisions are made based on the principle of consensus.

Also at international conferences and by organizations , e.g. B. OSCE or NATO , decisions are made according to the principle of consensus.

Real estate law

The land register regulations stipulate that a right may only be entered in the land register if the person affected by the entry (usually the owner) has approved this ( Section 19 GBO). As a rule, the land registry does not check whether the relevant right has been validly appointed, as it is assumed that no one will consent to an incriminating entry without legal grounds. It is said that the land registry only has to observe the formal principle of consensus , since both its duty to examine and its right to examine do not extend to substantive law . When transferring ownership, evidence of the agreement on the transfer of rights ( relinquishment ) must be provided to the land registry ( Section 20 GBO). The same applies to the transfer or change of a heritable building right . The land registry may and must check the material and legal effectiveness and must therefore adhere to the so-called material consensus principle .

See also

literature