THE DECLARATION LODGED AT THE POLLING STATIONS TO OPPOSE ITALIAN ELECTIONS IN THE FREE TERRITORY Of TRIESTE
Trieste, 24 February 2013 – Today I walked in Trieste’s Polling Station 220 to lodge a declaration regarding the nullity and voidness of Italian political elections. It is elections summoned in another State, the Free Territory of Trieste. As a citizen of Trieste, I questioned the whole election: Italian parties do not recognize or represent me, and this election goes against Italian laws in force.
Italy has lost sovereignty over Trieste on 15 September 1947, at the coming into force of the Treaty of Peace with the Allies and Associated Powers.
Since 1954, Trieste’s primary administering Governments have sub-entrusted Trieste’s temporary civil administration to the Italian Government under the MoU regarding the Free Territory.
This administration is a sort of trusteeship mandate: Italy should know something about it, because in 1950 the United Nations entrusted the Italian State with such mandate over its former colony Somaliland.
Only, while Somaliland was entrusted to the Italian State for 10 years (becoming independent in 1960), Trieste is different. The Free Territory of Trieste is an independent State since 1947, and is placed under a special trusteeship mandate. What Trieste lacks is not sovereignty, it is a Government. This is why the 1947 Treaty of Peace establishes a provisional one: the British-US Military Government.
Since 1954, the Governments of the US and of the UK have terminated military Government and sub-entrusted Trieste’s administration to the Italian Government. Again, not to the Italian State. One sovereign State cannot administer another sovereign State.
Obviously, only because Trieste and Italy share the same Government, they cannot legally share the same elections. the Italian Republic cannot summon its own elections in its neighbor State.
The Italian Government must, in its two roles, respect both Italian and Triestine laws. It must protect the rights of both people, be them its electors or its administered folks.
This is also true under Italian law.
This means that the Italian Government’s measures that comply with its sub-mandate (temporary civil administration) are legitimate, but measures that breach this mandate or simulate Italian sovereignty over Trieste are illegitimate.
This is especially true for elections: Italy cannot hold its elections in Trieste. The Free Territory of Trieste is a State under the United Nation’s own protection. And as a State, it has the right to have its own elections. It already did during the British-US administration. Trieste has its own electoral laws.
Under Italian laws, elections can only take place on national territory (Testo Unico delle Leggi Elettorali – D.P.R. 30 marzo 1957, n. 361, or: Consolidated Electoral Law. Decree of the President of the Republic No. 361, art. 1 point 2).
And obviously Italy recognizes the 1947 Peace Treaty with a significant set of domestic laws.
The citizens of Trieste who oppose the illegitimate Italian elections have the right to pursue a path of legality.
Translated from blog “Environment and Legality” by Roberto Giurastante