Free Trieste

WHY EQUITALIA IS ILLEGAL IN TRIESTE

Article published on January 2, 2012.

29 December 2011: I disputed before Court a payment request for legal expenses. The other party in the trial was Equitalia Nord S.p.A. and my opposition was based on the exception of “the request’s absolute nullity and voidness, due to the lack of Italian jurisdiction over the Free Territory of Trieste”.

The next hearing is on March 5th, 2012. My lawyer is Mr. Livio Bernot from Gorizia and we stand before the Trieste’s (Italian) “Justice of the Peace”.

Under art. 5 of ANNEX X of the Treaty of Peace of 1947:

 “The Free Territory shall be exempt from the payment of the Italian public debt…”

No law allows the Italian Government to force Trieste to pay taxes, contributions and sanctions under Italian laws and in favor of the Italian Republic’s budgets.

The Italian Government is merely a temporary civil administrator of the Free Territory of Trieste, sub-entrusted by the Governments of the US and of the UK on behalf of the UN Security Council.

The payment request I am opposing is based on Decree No. 602 of the President of the Republic of September 29th, 1973. It is an Italian law. This means it is a foreign law, one that cannot be enforced outside Italy’s national territory.

Any attempt to do so would constitutes a violation of the Treaty of Peace (art. 21 and Annex X, art. 5) signed by Italy on February 10th, 1947 in Paris. A Treaty implemented in the Italian legal order with Legislative Decree of the Provisional Head of State No. 1430 of November 28th, 1947, and recognized under art. 10 of the Italian Constitution, in force since January 1st, 1948.

Equitalia Nord S.p.A. is the Italian State’s tax collector. It has no mandate to act in another State, the Free Territory of Trieste.

This case is being brought to international attention.

Taxation is an important aspect in the stand for Trieste’s future. Since 1954 a local system of Government is (mis)administering them in the name of loyalty to Italy, and the abuse extends to taxation.

This system has destroyed by neglect Trieste’s main resource: the international Free Port, its environment, and of course, the citizens were deprived of their fundamental rights. Citizenship, and of course their own State’s taxation.

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

To find out more about the legal status and history of the Free Territory of Trieste: “QUESTION TRIESTE.