Equilibrio fra poteri e libertà dai Trattati in diritto dell'Unione europea e diritto internazionale

After having dealt with the evolution of the relations of power within the European Union (between the Institutions, EU/Member States and troika), the author focuses on what he calls freedom "from" the treaties, understood as the possibility to renegotiate them and to withdraw. Freedom from the treaties means also the so-called theory of the counter-limitations developed by the Italian Constitutional Court, that reserves its right to declare the unconstitutionality of the law of execution of the European treaties. Freedom from the treaties, besides, means also to check if the treaties are void or if it occurs a cause the extinguishes them. What has to be clear is that there are two different disciplines: one for the Treaty on the Functioning of the European Union (TFEU) and for the Treaty on the European Union (TEU), the other one for the recent economic treaties such as the so-called "fiscal compact", the European Stability Mechanism (ESM) and, tomorrow, the Transatlantic Trade and Investment Partnership (TTIP, now negotiated between EU and USA). The first ones follow the special rule of the art. 48 TEU, the second ones the general (and way simpler) rules of the Vienna Convention on the Law of the Treaties. The author believes that we have to simplify the procedures of production of the European law and to firmly invest in the idea of Europe in order to take the troika its power away and to be able to dialogue with the strong actor of the global market.