This article looks at the
role that the European Parliament, as the only democratically elected EU
institution, plays in ensuring transparency in the EU’S newly concluded free
trade and investment agreements (FTIAS). Using the empirically tested findings
of political scientists, the article puts forward several normative claims.
First, the European Parliament should ensure that the FTIAS provide high levels
of participatory transparency that allows members of the ‘public’ to actively
observe and take part in the international decision-making process. Second, if
the participation of members of the general public is not feasible, then at
least certain members of the European Parliament should be able to observe the
international decision-making process and submit observations. Third, if a
deliberative democratic ideal is difficult to reach, legitimacy can still be
guaranteed by providing public access to the reasons for taking an
international decision, after the decision has been taken. In light of these
normative claims, the article discusses the transparency provisions the
European Parliament should ensure are included in the parts of the FTIAS that
deal with the proceedings of investment courts, the workings of treaty
committees handling investment protection and the selection of the
arbitrator/judge for investment courts. Proposals are also made for how the
European Parliament should achieve these.