Trieste tax rights: the Cassation’s judgment is to be impugned
Trieste, 21 March 2022. – The Italian Supreme Court of Cassation lodged its decision, awaited since 8 February, in the first of the three legal actions for demonstration initiated by the International Provisional Representative of the Free Territory of Trieste – I.P.R. F.T.T. versus the Italian Government for breaches of Trieste’s legislation on taxes and on its international Free Port.
The judgment does not review the laws and evidences that constitute the lawsuit’s ground, it declared that national Italian Courts lack jurisdiction to sanction behaviors of the Italian State, and recalls the infamous nationalistic political theses regarding the alleged lack of legal existence of the Free Territory of Trieste. For those reasons, the decision is abnormal under several respects, starting from the unexpected fact that apparently it subordinates legality to politics, thus breaching the independence and other Constitutional attributions of the judiciary.
Furthermore, the decision is not final, and it does not close Question Trieste, because it is being immediately impugned for annulment. This means the decision cannot prejudice the other pending lawsuits on the same subject, especially not the one regarding the international Free Port, and, in case it is confirmed, that allows, as previously declared, to transfer the dispute before the competent European and international Courts.
I.P.R. F.T.T. Information Service