Trieste: a political judgment in spite of the law
NOTE: this analysis is about a 2013 administrative judgment. Since then, Free Trieste’s legal studies progressed a lot, refuting the Regional Administrative Court’s false claims.
In 2016, the I.P.R. F.T.T. – International Provisional Representative of the Free Territory of Trieste presented its Law Commission’s expertise “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
Trieste: a political judgment in spite of the law
Trieste, October 31st, 2013. – The Free Trieste Movement hosted at its office (Piazza della Borsa 7) a discussion about the recent administrative judgment No. 530/2013. The Regional Administrative Court for Friuli Venezia Giulia (T.A.R. F.V.G.) issued it on October 28th, and both the local press and politicians claim that it closes the question of the Free Territory of Trieste.
Is it true? Not at all, because this decision, a true “legal monster”, it not only an example of politicized justice, but also a proof of how fragile is the simulation of Italian sovereignty over the present-day Free Territory of Trieste.
If anything, the T.A.R. F.V.G. is the first Court to issue a judgment about Trieste’s legal status: in the past two years, the Court of Trieste and the local Tax Court avoided discussing it, be it rescheduling hearings or issuing ordinances. It is worth mentioning that unlike ordinances, judgments can be impugned before Italian and, most importantly, before international Courts.
October 9th: the Administrative Court rejects the exception of the lack of jurisdiction, thus declaring its full competence on the appeal brought by 57 citizens. They sought the annulment of the latest regional election.
According to the appellants, those elections are unconstitutional because the Italian Republic has summoned them in the whole Region, including in a foreign State: the Free Territory of Trieste.
The Italian Government exercises temporary civil administration over Triste, not sovereignty. In 1954, the Governments of the United States and of the United Kingdom, primary administering Governments of the present-day FTT, that have sub-entrusted the Italian Government with this role.
It is worth mentioning that even the official translation ordered to the Court of Trieste’s own translators assessed that the 1954 Memorandum of Understanding, which is the source of the aforementioned mandate, confirms that it establishes a sub-mandate of temporary civil administration.
Cornered by the increasing number of citizens who support the Free Trieste Movement, and reassured by the recent declarations of the Government in Rome, the local authorities did not shy away from writing (indeed rather quickly) a judgment full of false claims and threats. An attempt to get back control of the ongoing revolution of legality that many people of Trieste are embracing.
Roberto Giurastante and the other 56 appellant knew their appeal may be rejected, even with political claims, but the content of judgment 530/2013 is so unsettling and violent that the whole Italian judiciary should be concerned about it.
A SUMMARY OF THE JUDGMENT
Starting from the unexplained refusal to issue the judgment also in Slovenian: the Regional Administrative Court has violated not only international law but, since it claims to decide in the name of the Italian State, it has also violated Italian Law No. 38/2011 which sets the rights of the communities whose mother language is Slovenian.
The judgment goes as far as to order the appellants the payment of a EUR 10,000 fee, and threatens to have them prosecuted as terrorists: this is indeed inappropriate for a Court that is only vested with administrative powers, and thus cannot enter matters of criminal law. Even more unsettling, again, is that the Court’s decision is based on political claims, drawn upon the notorious theses of scholars A.E. Cammarata and M. Udina, which are intrinsically just doctrinal interpretations without legal value, build on false representations of both international Treaties and Trieste’s actual legal status.
The judgment has very little to say about the Question of Trieste (it claims that the Free Territory has never existed, despite thousands of evidences in fact and law proving that it exists to date!), instead, it focuses on historical narrations without legal value.
But there is more: the judgment, labeled the appeal itself as “dangerous for peace and subversive”. However, acting before Court is not only a rather lawful act, it is also a sign of trust in the judiciary, a power which should be above political influences.
In a State where the role of law is kept in the proper regard, appeals are discussed in accordance with law alone, an all parties involved are safeguarded.
THE REACTIONS OF POLITICIANS
Yet, a Court that crosses field escaping the law to explore politics has not upset the local politicians. The president of the Region, Serracchiani (PD, the Italian Democratic Party) has immediately praised the judgment (it has 65 pages, how did she read it this quickly?) while mayor Cosolini (PD) fanned the flames threatening all the supporters of the Free Trieste Movement with reprisals, and adding that when this happens “they’ll be alone” as if they were to be cut out of civil society.
There is a clear line between the freedom to express one’s opinion and inciting hate, as there is one dividing information and propaganda: the local newspaper went as far as to falsify the Slovenian Government’s opinion about the judgment. However, when a Court declares “dangerous for peace and subversive” the exercise of a right, things are rather serious.
In a law-abiding State, no citizens are accused of being criminals for appealing to the law, be it the 1947 Treaty of Peace, the Code of Administrative Procedure, or the law protecting freedom of speech.
A MATTER OF ETHICS
The Regional Administrative Court’s decision is not only about the people of Trieste, but also about honest Italians: when the judiciary is unable to break free from political influences, indeed democracy itself is at stake, and turning a blind eye to such abuses means paving the way to a future when no right is undeniable.
A system of power that keeps the citizens in line with fear, threatening them with the loss of jobs or pensions if they dare to stand firm for their rights regards them are mere pawns.
This is no longer a political choice, is it ethical in nature: allowing the citizens of Trieste to be persecuted means setting a dangerous precedent.
Even more when considering that Free Triste’s goal and work do not aim at gaining some sort of privilege, rather, they seek the re-establishment of undeniable rights for the sake of the whole community, in Trieste, but also internationally, because of the many States vested with specific rights over the most precious State corporation of the Free Territory of Trieste: its international Free Port.
Despite the severe threats received, Roberto Giurastante concluded the discussion repeating that Free Trieste and its supporters won’t ever step away from the path of absolute legality, the only way to re-establish the full rights of the Free Territory of Trieste.
Were there a law suitable to disprove their theses clearly and completely, the Regional Administrative Court’s decision would have been much different, and the local press would have had no reason to support it with a violent campaign. Clearly, the cause of the Free Territory is unambiguous and, due to this, it is much easier attacking the people who are or may decide to support it.
Free Trieste is impugning the judgment in second instance, before the Council of State, and hopes that the Italian Government itself takes action respect to the authors of judgment 530/2013: they trampled on the Constitution and on the rights of the people in order to protect an illegal simulation of sovereignty, shielded in Italian nationalism as it parasitizes Trieste and its misery (starting from the artificial decaying of the Northern Free Port, which aims at using the area for an illegal housing and building speculations) and which, ultimately, damages the Italian Government itself, for its role of temporary civil administering Government of the Free Territory of Trieste.
Roberto Giurastante holds a copy of newspaper “Il Piccolo” with an article about the judgment.
The title is “Appeal dangerous for peace and subversive“.