Judgment_paragraph 160 · Slovak Republic and Hungary v Council of the European Union (C-643/15, C-647/15)

160As for the substance, it must be recalled that due consultation of the Parliament in the cases provided for by the Treaty constitutes an essential procedural requirement disregard of which renders the measure concerned void. Effective participation of the Parliament in the decision-making process, in accordance with the procedures laid down by the Treaty, represents an essential element of 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, to that effect, inter alia, judgments of 11 November 1997, Eurotunnel and Others, C‑408/95, EU:C:1997:532, paragraph 45, and of 7 March 2017, RPO, C‑390/15, EU:C:2017:174, paragraphs 24 and 25).

Slovak Republic and Hungary v Council of the European Union (C-643/15, C-647/15)

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