Judgment_paragraph 17 · European Parliament v Council of the European Union (C-21/94)

17It must first of all be borne in mind that due consultation of the Parliament in the cases provided for by the Treaty constitutes an essential formal requirement breach of which renders the measure concerned void (see, for example, the judgment in Case 417/93 Parliament ν Council [1995] ECR I-1185, paragraph 9). The effective participation of the Parliament in the legislative process of the Community, in accordance with the procedures laid down by the Treaty, represents an essential factor in the institutional balance intended by the Treaty. Such power reflects the fundamental democratic principle that the people should take part in the exercise of power through the intermediary of a representative assembly (see, for example, the judgment in Case C-65/93 Parliament ν Council [1995] ECR Ι-643, paragraph 21).