…ALL WHILE THE COURT OF TRIESTE BREACHES THE LAW.
Local newspaper “Il Piccolo” continues to spread misinformation about the Free Trieste Movement and its legitimate actions to defend the present-day Free Territory of Trieste, an independent State established under the 1947 Treaty of Peace with Italy, in force.
The latest trend is publishing the rulings of local Italian judges against the people who submit exception on jurisdiction. Namely, people who seek the exercise of the administering Government’s jurisdiction.
As well-documented before, so far the Court of Trieste rejected without reason the exceptions of jurisdiction, dismissing them because “Trieste belongs to Italy” and labeling as “groundless” and lacking legal bases all exceptions on jurisdiction.
However, these exceptions have solid bases. It is two indisputable documents. One if the 1947 Treaty or Peace with Italy, which is enforced and implemented within the Italian legal order. The second one is the 1954 Memorandum of Understanding regarding the Free Territory of Trieste.
It’s recent news that a local Court attempted a more in-detail approach, within a civil trial regarding an opposition to Equitalia’s payment requests.
The result of this effort? A mere ordinance (which is far from the mandated judgment, but why would Italian judges issue one, since it might bring them before international justice?). And there is more: it is 10 pages of egregious historical propagandas.
Yet, “Il Piccolo” considered it worth a huge title on its very first page (“Il TLT perde la battaglia con Equitalia” translated to “The FTT loses its battle against Equitalia“). Huge the title, huge the article. And detailed enough to include the appellant’s full name!
Basically, according to “Il Piccolo” this valuable judgment closes the question of the Free Territory of Trieste for good (in a civil law system? Because Italy and Trieste don’t have a common law system, each decision refers to its own case. No judgment is a source of law!). Unfortunately for “Il Piccolo”, this is an ordinance, not a judgment.
This would be enough to read something else. For example, the historical fantasy of the local judiciary. The ordinance has three authors: Giulia Spadaro (rapporteur judge, hence the author), Raffaele Morvay, and Monica Pacilio.
Basically, they claim that since the UN Security Council did not appoint the Free Territory’s Governor, the FTT never had its own Government, and this restored Italian sovereignty.
How? According to them, the 1954 MoU repelled arts. 4 and 21 of the 1947 Treaty of Peace with Italy, as well as its annexes from VI to X.
According to the three judges, this happened with the consent of the United States and of the United Kingdom. Furthermore, other signatory of the 1947 Treaty gave their “tacit consent” to this odd interpretation of the MoU.
Follows an abstract of this “interesting” theses of the “well-documented” local Court:
“With the London Memorandum, the States which had jointly agreed on the loss of Italian sovereignty, recognized the right [Italy’s, t/n] to extend its authority and to seize the territory, because establishing a new entity resulted impossible.Furthermore, it is possible claiming that, instead of amending the Treaty, the Agreement [the MoU, t/n] recognized the termination of the provisions regarding the FTT under clause rebus sic stantibus.Consequently, even if the coming into force of the Peace Treaty had ended Italian sovereignty over the free territory of Trieste, under the London Agreements Italian sovereignty was re-extended over the territorial area in question”.
Unbelievable but true: three judges claim that “tacit consent” is enough to amend a multilateral Treaty of Peace. And a defeated State can “seize” another State. A State the United Nations and 20+ states recognize, even.
Judges Morvay, Spadaro, and Pacilio have successfully thrown the rule-based international out of the window… why didn’t they claim also that the Earth is a square, and the Sun orbits around it?
Let us go back to the rule-based international legal order. Someone much more credible than the three aforementioned Italian “alternate jurists” can easily demolish their claims to the ground. It is the US Department of State.
A 1974 authoritative document clarifies that Italy has never extend its sovereignty over “Zone A” of the Free Territory of Trieste.
THIS IS THE TRUTH.
***
LIMITED OFFICIAL USE STATE 071519
TAGS: PFOR, YO, IT
SUBJECT: TRIESTE ZONE B DISPUTE
REF: ROME 4821, BELGRADE 1569
[…] USE OF THE ADJECTIVE “FORMER” TO MODIFY THE PHRASE “FREE TERRITORY OF TRIESTE” SHOULD BE AVOIDED. BEGIN FYI PERMANENT LEGAL REGIME FOR GOVERNANCE OF FREE TERRITORY OF TRIESTE CONTEMPLATED BY 1947 TREATY OF PEACE WITH ITALY WAS NEVER FULLY IMPLEMENTED.HOWEVER, 1954 MEMORANDUM OF UNDERSTANDING BETWEEN US, UK, ITALY AND YUGOSLAVIA DID NOT TERMINATE JURIDICAL STATUS OF FREE TERRITORY.
1954 MEMORANDUM PROVIDED FOR TERMINATION OF US-UK MILITARY GOVERNMENT OF ZONE A AND SUBSTITUTION OF ITALIAN CIVIL ADMINISTRATION, AND SIMILAR TERMINATION OF YUGOSLAV MILITARY GOVERNMENT AND SUBSTITUTION OF YUGOSLAV CIVIL ADMINISTRATION IN ZONE B.
CONTINUING LEGAL CHARACTER OF FREE TERRITORY OF TRIESTE WAS NOT RPT NOT AFFECTED. END FYI.