THE ACT SUMMONING REGIONAL ELECTIONS IN FRIULI VENEZIA GIULIA IS IMPUGNED BEFORE THE REGIONAL ADMINISTRATIVE COURT ON GROUNDS OF NULLITY AND VOIDNESS
Today, as citizen of the Free Territory of Trieste, I addressed the Regional Adminsitrative Court for Friuli Venezia Giulia (Tribunale Amministrativo Regionale per il Friuli Venezia Giulia – TAR FVG).
I am seeking the annulment of the Regional Council’s decision No. 208 of February 13th, 2013. It is the summoning of elections for a new President and Council of the same region.
I also impugned the Regional President’s Decree No. 038/Pres. of March 4th, 2014. This is another document regarding the election of both the Region’s President and the 11th Regional Council.
The legal ground of the appeal to the Administrative Court is the lack of Italian sovereignty over the present-day Free Territory of Trieste (FTT).
Since 1954, Trieste is sub-entrusted to the Italian Government’s temporary civil administration. Since Trieste’s laws are in full force, and Italy recognizes the Free Territory, no Italian elections can take place outside Italy’s sovereign territory and in breach of its international obligations.
The main arguments are:
- The lack of Italian sovereignty over Trieste (1947 Italian Peace Treaty, in force). All acts implying or simulating Italian sovereignty over Trieste are null and void;
- The consequent lack of Italian jurisdiction over the Free Territory of Trieste;
- Dispute regarding the validity and applicability of Italian Constitutional Law No. 1 of 1963. [NOTE: further studies clarified that the Commissioner of the Italian Government extended this law to the Free Territory of Trieste. For further information, see the update at the bottom of this post].
- The status of Trieste’s Court of Appeal. It is the Free Territory of Trieste’s Court of second and third instance;
- The title of the TAR FVG to have seat in Trieste, or lack thereof;
- The breaches of the rights of the appealing citizens of the Free Territory of Trieste.
Having questioned the legitimacy of the Regional Administrative Court – TAR FVG itself, the writ of summon suggests the proceeding be forwarded to the Italian Government pursuant to the 1954 Memorandum of Understanding regarding the Free Territory of Trieste.
Indeed, the Governments of the US and of the UK sub-entrusted the Italian Government with the temporary civil administration of then Zone A of the Free Territory of Trieste. This status excludes ipso facto and ab origine the Italian States’ jurisdiction over Trieste.
The bodies summoned before Court are:
- Renzo Tondo, President pro tempore of Regione Friuli Venezia Giulia;
- Region Friuli Venezia Giulia, in the person of its President pro tempore;
- The Regional Council of Friuli Venezia Giulia, in the person of its President pro tempore;
- Il Presidente del Consiglio dei Ministri della Repubblica Italiana in carica pro tempore;
- The Italian Minister of the Interior pro tempore;
- The Italian Minister of Justice pro tempore;
Translated from blog “Environment and Legality” by Roberto Giurastante
UPDATE (2016):
In 2016 the I.P.R. F.T.T. the International Provisional Representative of the Free Territory of Trieste, established at the initiative of the Free Trieste Movement, released an expertise about international law signed by its Law Commission: “Monitoring of the Italian administration of the Free Territory and international Free Port of Trieste – FALSIFICATION OF THE TREATIES AND SIMULATION OF SOVEREIGNTY in Italian administrative and judicial acts: judgments TAR FVG No. 400/2013 and No. 530/2013 and the documents related or similar to them”.
Read the document HERE.