45 Years Since Roquette Frères v Council (C-138/79): A Landmark in the European Parliament’s Legislative Role
- Sofia Vigano
- 1 day ago
- 4 min read
Updated: 18 hours ago
This year marks forty-five years since the Roquette Frères v Council judgment: a foundational decision that helped define the European Parliament’s role in the Community’s legislative process. In 1980, the Court of Justice of the European Union established through its ruling that the European Parliament’s consultation was not a mere procedural formality established by the Treaty but an essential step in the legislative process in order to ensure democratic participation in the law-making process. The case became a constitutional milestone for the principle of institutional balance.
The dispute arose from Council Regulation (EEC) No 1293/79, which was adopted by the Council in June 1979 without the European Parliament’s formal opinion, despite under Article 43(2) of the EEC Treaty, the consultation with the Parliament was compulsory for the adoption of such measures.
The Council had requested the opinion of the Parliament, but the latter had not delivered one yet when the Council adopted the measure because of the preparation of the first direct electors following the end of its first term.
From an institutional perspective, the Council’s decision to proceed without the Parliament’s opinion appears difficult to justify: even acknowledging the exceptional circumstances surrounding the Parliament’s transition to direct elections, the obligation to consult under Article 43(2) constituted a fundamental procedural step designed to ensure democratic oversight within the Community’s legislative process.
The Regulation amended the common organisation of the market for isoglucose, a sweetener competing with traditional sugar, so SA Roquette Frères, a French starch manufacturer, challenged the regulation before the Court, arguing that the absence of the Parliament’s opinion made the measure unlawful.
In its 29 October 1980 judgment, the Court annulled the regulation on procedural grounds. It held that the obligation to consult the Parliament was a “fundamental procedural requirement”, the purpose of which was to allow Parliament to “play an actual part in the legislative process.”
The Court stated:
“Observance of that requirement implies that the Parliament has expressed its opinion. It is impossible to take the view that the requirement is satisfied by the Council’s simply asking for the opinion if no opinion has been given.”
This reasoning transformed what had been viewed as a largely symbolic formality into a substantive constituent part of the democratic legitimacy chain of the Union. Consultation was not an optional step that could be bypassed for expediency, but it was part of the constitutional structure of the Community.
With each new Treaty, Parliament acquired more importance within the Union: the Single European Act, signed in 1986, ensured that Parliament's assent was mandatory before a new country could join the EU. Moreover, the Amsterdam Treaty, signed in 1997, gave a much stronger position to the Parliament in co-legislating with the Council on a whole range of areas that are subject to EU law (e.g. consumer protection).
The Treaty of Nice simplified legislative procedures facilitating parliamentary involvement, while the Lisbon Treaty ultimately established the ordinary legislative procedure as the default mode of law-making, placing the Parliament on equal footing with the Council. With the Lisbon Treaty, the European Parliament was fully recognised as a co-legislator with increased budgetary powers. It also gave Parliament a key role in the election of the European Commission President. Together, these developments transformed the Parliament from a consultative assembly into a central actor in EU governance, reflecting a broader recognition that the Union’s expanding competences required stronger democratic oversight and accountability.
General considerations
The Roquette Frères judgment represents a constitutional turning point for the European Parliament’s role in the EU legislative process. By characterising consultation of the Parliament as a condition of the validity of the act and not a superficial formality, the Court shaped the Union by ensuring democratic participation and institutional balance in the legislative process. As the Court ruled, due consultation “constitutes an essential formality”, so that no compliance renders the measure void.
Today, the European Union still faces a process of democratic recess, as the expansion of Union competences revives the feeling of inadequate democratic representation. In this context, the Roquette Frères judgment may be regarded as an ante litteram model for the kind of corrective action still needed today; it stands as an example of how institutional imbalances can be addressed through decisive judicial intervention.
The EU defines institutional balance as the principle according to which “each of its institutions has to act in accordance with the powers conferred on it by the Treaties”, and, considering that the Court of Justice is responsible for its enforcement, Roquette Frères recognises as a part of the constitutional structure the Parliament’s new role in the legislative process.
However, rather than establishing a strict separation of powers, the Treaties created a system of shared competences and interdependent functions, in which legislative, executive, and supervisory roles frequently overlap. This design has resulted in a legislative process where no single institution exercises exclusive authority and where the Council, Parliament, and Commission often operate within intersecting spheres of influence. These ambiguities contribute to a system where institutional balance must be constantly under control through practice and jurisprudence.
From the perspective of legitimacy, the judgement can be seen as an early response to concerns regarding the Community’s democratic deficit. By requiring that consultation be properly conducted and completed, the Court reinforced the idea that legislative procedures must reflect meaningful participation, representation, accountability, and the overall quality and transparency of institutional processes.
Citation
C-138/79 SA Roquette Frères v Council of the European Communities [1980] ECR 3333.
European Parliament, https://www.europarl.europa.eu/about-parliament/en/home
Giuseppe Martinico, ‘Forty-Five Years after Roquette Frères: The Evolution of Parliamentary Participation in the EU Legislative Process’ (2024) European Law Journal https://www.tandfonline.com/doi/full/10.1080/13572334.2024.2443882#d1e411
Bologna Law Review, https://bolognalawreview.unibo.it/article/download/12291/12344/43645
Treaty of Nice, https://www.europarl.europa.eu/about-parliament/en/in-the-past/the-parliament-and-the-treaties/treaty-of-nice
Treaty of Lisbon, https://www.europarl.europa.eu/about-parliament/en/in-the-past/the-parliament-and-the-treaties/treaty-of-lisbon
Council Regulation (EEC) No 1293/79,
European single act,
Treaty of Amsterdam,
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