Public Participation and the Transatlantic Trade and Investment Partnership

Abstract

This article explores how the Transatlantic Trade and Investment Partnership, a free trade agreement currently being negotiated between the United States and European Union, might enhance agency decision-making by expanding opportunities for stakeholder input on both sides of the Atlantic. It compares the primary mechanisms for public participation in the United States and European Union, identifies the primary goals each side seeks to achieve, and highlights possible reforms that might improve participatory processes on both sides.

Keywords: transatlantic trade and investment partnership, european union law, public participation, retrospective review, notice-and-comment rulemaking