Roquette Frères v Council
Encyclopedia
Roquette Frères v Council was a ruling by the European Court of Justice
which annulled a Regulation because the European Council
failed to consult with the European Parliament
.
Under Article 113 of the Treaty on the Functioning of the European Union bills covering areas such as home affairs, State aids and the harmonisation of indirect taxation must be passed via the First Special Legislative Procedure. Under this the bill starts with the European Commission
and then go to the Council. The Council are required to consult with the Parliament, but do not need to follow the Parliament's opinion. This can be contrasted with the Second Special Legislative Procedure, under which parliament may accept or reject a proposal.
Roquette Freres
v Council established that, although not binding, consultation with the Parliament is a mandatory part of the Second Special Legislative Procedure.
European Court of Justice
The Court can sit in plenary session, as a Grand Chamber of 13 judges, or in chambers of three or five judges. Plenary sitting are now very rare, and the court mostly sits in chambers of three or five judges...
which annulled a Regulation because the European Council
European Council
The European Council is an institution of the European Union. It comprises the heads of state or government of the EU member states, along with the President of the European Commission and the President of the European Council, currently Herman Van Rompuy...
failed to consult with the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
.
Under Article 113 of the Treaty on the Functioning of the European Union bills covering areas such as home affairs, State aids and the harmonisation of indirect taxation must be passed via the First Special Legislative Procedure. Under this the bill starts with the European Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
and then go to the Council. The Council are required to consult with the Parliament, but do not need to follow the Parliament's opinion. This can be contrasted with the Second Special Legislative Procedure, under which parliament may accept or reject a proposal.
Roquette Freres
Roquette Freres
Roquette is a French based family owned company which produces more than 650 by-products from the starch extracted from corn, wheat, potatoes and peas....
v Council established that, although not binding, consultation with the Parliament is a mandatory part of the Second Special Legislative Procedure.