Judgment_paragraph 14 · European Parliament v Council of the European Union (C-392/95)

14It must be stated first of all 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. 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. This function reflects the fundamental democratic principle that the people should take part in the exercise of power through the intermediary of a representative assembly (see, in particular, the judgment in Case C-21/94 Parliament v Council [1995] ECR I-1827, paragraph 17).