Free Trieste

Administration does not mean sovereignty, part 2

Italy recognizes the Free Territory of Trieste. We wrote about it HERE

Under the 1954 MoU regarding the Free Territory of Trieste, that State maintains its independence, obtained on 15 September 1947: Trieste has simply changed provisional administering Government.

Since 1954, the administration of the present-day Free Territory is sub-entrusted to the responsibility of the Italian Government under a provisional mandate (special trusteeship) by the Governments of the US and of the UK on behalf of the UNSC.

By law, the Italian Government has two roles. In Italy it is an ordinary, elected Government. In the Free Territory of Trieste it is a provisional administering authority.

This is confirmed by the Commissioner of the Italian Government himself in his very first decree. After the change in administration, the Free Territory’s laws remained in force. We wrote about it HERE

The 1947 Treaty of Peace with Italy provides and expects that the Free Territory’s first Government is not the final one (Annex VII – Provisional Regime of Government). The provisional regime of Government is special for two reasons: it regards an existing State and it has no time limit. Indeed, it is still into effect.

A further evidence of this is the following Decree of the Italian President of the Republic.

The President of the Italian Republic issued this decree, without number, on 27 October 1954, on the initiative of the head of the Government. This happened the day after the settlement of the provisional Italian administration of the Free Territory, which declares to exercise the same powers of the British-US Government of the Territory of Trieste.

Trieste is a State. Trieste is Free.

Frontespizio della Gazzetta Ufficiale in cui il Governo italiano dichiara di amministrare il Territorio Libero di Trieste in continuità con il Governo Militare Alleato Britannico-Statunitense. Amministrazione, non sovranità.

Decree of the President of the Italian Republic, 27 October 1954.

Appointment of a Commissioner General of the Government for the territory of Trieste.

THE PRESIDENT OF THE REPUBLIC

Having considered the necessity to entrust to a Commissioner General the administration of the territory of Trieste placed under the responsibility of the Italian Government after the withdrawal of the Allied Military Government;

Upon hearing the Council of Ministers;

At the President of the Council of Minister’s proposal;

Rules:

Prefect Dr. Giovanni Palamara is appointed Commissioner General of the Government for the territory of Trieste, under the direct authority of the President of the Council of Italian Ministers, entrusted with the same powers assigned to the Government for the purposes of the administration of the same territory, and also with the powers previously exercised by the former Allied Military Government.

Issued at Dogliani, on 27 October 1954

EINAUDI

SCELBA

Registered at the Court of Auditors today, 27 October 1954, Register No. 98 Presidency, page No. 29. – FLAMMIA (5184)

To download the original Italian Official Gazette (Gazzetta Ufficiale) in PDF, click HERE

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