Free Trieste

RULE OF LAW VS STATE OF FACTS

Free Trieste Movement BLOG "ENVIRONMENT AND LEGALITY", LEGALITY AND HUMAN RIGHTS, POLITICS
Two flags of the Free Territory of Trieste in the Capital city's main square.

 

The recent UN Security Council document S/2015/809 of 23 October 2015 confirming the present-day Free Territory of Trieste‘s legal status is raising many questions.

Starting from the judicial side of Question Trieste, where the legal battle for the rights of Trieste’s people is ongoing since more than 4 years.

Indeed, as confirmed by document S/2015/809, the Free Territory of Trieste has the right to have its own judiciary: the problem is now inescapable.

All legal decisions (on civil, criminal, amministrative matters or concerning taxation) in which the Italian State’s jurisdiction is in question cannot be assigned to Italian magistracy. An impartial Court should evaluate them instead, one to whom Italian lawyers have no political obligations. In view of this conflict of interest, how can Italian authorities appoint such a Court?

Easy: acting in accordance with the Italian Government’s special trusteeship mandate and in compliance with the Free Territory of Trieste’s legislation.

The Court’s appointment process should also take into account the 1947 Peace Treaty’s pertinent provision. In particular, the Final Clauses for the resolution of disputes (arst. 87 and 86) and arts. 21 and 90, which, establishing the Free Territory of Trieste as a new sovereign State since 15 September 1947 do also entitle it with the status of a party in all disputes regarding it – direct or indirectly.

Now it is all about understanding how the Italian Government is going to deal with a situation that has already exceeded the limits of tolerability. Indeed, its local judicial bodies in Trieste are investigating, sometimes even convicting citizens of the Free Territory. They crime? Claiming their rights under the 1947 Treaty of Peace.

A Treaty that Italian laws fully recognize and implement. It is the local, administering Italian bodies that, in breach of the very Italian laws, go against it.

A state of fact (simulation of Italian sovereignty) against the rule of the law (the Free Territory of Trieste).

Translated from blog “Ambiente e Legalità” – “Environment and Legality” by Roberto Giurastante

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