MEMORANDUM OF UNDERSTANDING REGARDING THE FREE TERRITORY OF TRIESTE
THE COURT OF TRIESTE DISCUSSES TRIESTE’S LEGAL STATUS
![Sovereignty over Trieste. Held: that the appeal must be dismissed. (I) The Memorandum of Understanding of 5 October 1954 transferred to Italy [the Italian Government, editor's note]the administration of Zone A of the territory of Trieste. This transfer did now, however, imply any modification of the Treaty of Peace, and Italy did not acquire sovereignty over Zone A as a result of the Memorandum.](https://www.movimentotriestelibera.net/wp/wp-content/uploads/2015/11/Sovereignty_over_Trieste.jpg)
In truth, it is the Italian Government to be sub-entrusted with the temporary civil administration of “Zone A”, which is the present-day Free Territory of Trieste.
THE JUDGE WHO ACCEPTED TO EVALUATE THE QUESTION OF TRIESTE’S JURISDICTION IS TRANSFERRED. HE HAD ALSO ORDERED A LEGAL TRANSLATION OF THE 1954 MoU REGARDING THE FREE TERRITORY OF TRIESTE, WHICH DID NOT RETURN TRIESTE TO ITALY.
Wednesday, July 17th is an important date for Trieste. The Court of Trieste is about to evaluate the meaning of the 1954 Memorandum of Understanding regarding the Free Territory of Trieste.
It is under this Memorandum that the Italian Government became the temporary civil administering Government over then “Zone A” of the Free Territory of Trieste. The MoU didn’t affect sovereignty, and therefore it is a fundamental part of the exceptions regarding jurisdiction.
Trinestine Judge Paolo Vascotto initiated the evaluation on jurisdiction and ordered Court experts to translate the English version of the MoU. However, he won’t be presiding the hearing. Right after his decision, on May 20th, he was reassigned. The new presiding judge is Pietro Leanza, who has just arrived in Trieste. He is going to chair this fundamental trial.
This sudden change is rather telling. For the first time, the people of Trieste who seek the re-establishment of the rule of law have a chance. Their rights, established under the 1947 Treaty of Peace, are one step closer. However, those who try to limit the dangerous pro-legality stand in Trieste aren’t quite happy about it.
Translated from blog “Environment and Legality” by Roberto Giurastante
UPDATE: commentary to the hearing is available HERE
The decision to transfer judge Vascotto and substitute him with judge Leanza.