ICON S Conference 17 – 19 June 2016 Humboldt University Berlin

118 THE TRANSATLANTIC TRADE AND
INVESTMENT PARTNERSHIP (TTIP)
AND THIRD PARTIES
Panel formed with individual proposals.
Participants Alberto Alemanno
Joana Mendes
Thomas Streinz
Name of Chair Gráinne de Búrca
Room UL9 213
Sahara and did not entail or encourage infringements
of their fundamental rights. This broad approach
(if upheld by the Court of Justice) requires the EU to
take third parties seriously and shows that the extraterritorial
reach of EU fundamental rights is no one
way street. Legal challenges of the Transatlantic Trade
and Investment Partnership (TTIP) by third parties may
not be without merit if their interests are ignored in its
institutional design and operation.
Alberto Alemanno: Third Parties in Regulatory
Cooperation
The Transatlantic Trade and Investment Partnership
(TTIP) seeks to create new mechanisms for regulatory
cooperation between the parties and involvement for
a wider set of stakeholders. This paper explains how
the TTIP’s regulatory processes and institutions can
account for external stakeholders. It surveys the access
and potentials influence of different stakeholders,
such as corporations, civil society groups, citizens and
non-party interest and contrasts this with the role of
the established political actors, such as the central
executive branch, regulators and parliamentarians in
the regulatory coordination effort.
Joana Mendes: Participation, Inclusiveness, and
Third Parties
Participation is one important feature of the proposals
of the European Commission on regulatory cooperation
in TTIP. The opportunities of participation foreseen
in the Commission’s proposals vary, highlighting the
different functions and normative meanings of participation.
Nevertheless, functional-instrumental reasons
arguably explain, by and large, the centrality of participation
in the regime proposed by the Commission.
The paper will argue that potential distributional effects
of decisions adopted via regulatory cooperation may
affect the legal spheres of persons concerned throughout
the trade chain. Participation should be a means
to give voice, in equal terms, to the competing legally
protected interests affected. But what could be the
legal yardsticks of inclusiveness in the context of regulatory
cooperation? What would be the legal position of
holders of legally protected interests in third countries?
Thomas Streinz: Third Parties in European Courts:
Lessons from the Polisario Case
The EU’s General Court last December annulled
a decision by the Council to conclude an agreement
between the EU and Morocco on reciprocal liberalization
of agricultural and fishery products in so far as
the agreement was applicable to Western Sahara, a
disputed territory that is claimed by Morocco without
international recognition. The Court reasoned that the
Council failed to ensure that the agreement would not
apply to the detriment of the population in Western
Concurring panels 167