Free Trieste

Judge Leanza confirmed it with a new ordinance

Trieste, 19 March 2014. – At the end of the hearing held yesterday, 19 March 2014, the President of the Free Trieste Movement, Roberto Giurastante, announced that judge Leanza’s ordinance about jurisdiction confirms that the 1954 Memorandum of Understanding of London did not return Trieste to Italy.

The 1954 MOU is an agreement regarding the Free Territory of Trieste, concluded between the Governments of the United States, of the United Kingdom, of Italy and of Yugoslavia and it is a change in administration, without changes in sovereignty.

Ultimately judge Leanza rejected the exception. In his ordinance, he considers that Italy obtained Trieste in 1975, with the Italian-Yugoslav bilateral treaty “of Osimo”.

This however is a problematic opinion: a bilateral treaty cannot amend a multilateral one, as is the 1947 Italian Peace Treaty. Not to mention, the MoU is an agreement between Governments, so no agreement among States can affect it, because it is a different source of law.

Nevertheless, judge Leanza’s ordinance is a step forward in Free Trieste’s legal battle: for the first time, a Court confirms that the 1954 “return” of Trieste to Italy is pure  propaganda.

The truth is that since 1954 the local Italian authorities are simulating Italian sovereignty over Trieste. This is against international, Italian, and the Free Territory’s own laws because, again, since 1954, the Italian Government – not the Italian State – is entrusted with the present-day Free Territory of Trieste’s temporary civil administration. Accepting this role, the Italian Government commits to respect Trieste’s independence.

However, the local Italian officers simulate that Trieste is part of Italy denying the citizens of Trieste their legitimate citizenship and own taxation, but also forcing them to serve in the Italian Army.

Free Trieste is denouncing this simulation since 2011, and in 2013 summarized its studies in an Act of Complaint and Notice of Default addressed to the Italian Government.

Judge Leanza’s ordinance confirms, once again, also the value of Free Trieste’s legal studies and actions in defense of the Free Territory’s rights, its citizens, enterprises, and international Free Port.

This legal action is continuing until the rule of law is fully re-established.

The present-day Free Territory of Trieste, bordering with Italy and Slovenia.