Free Trieste

HOW TO SUPRES THE ITALIAN PROVINCE OF TRIESTE IF THAT DOES NOT EXIST?

It was clear since the real beginning that the abuses committed by the Italian administering authorities in the Free Territory of Trieste would be exposed. At least to those who are fighting the hard legal battle to re-establish the rule of law in the Free Territory of Trieste, placed under the Italian Government’s temporary civil administration.

It is the administration established under the MoU regarding the Free Territory of Trieste, signed in London on 5 October 1954 between the Governments of the U.S.A., of the United Kingdom, of Italy and of Yugoslavia. Nothing has changed ever since. Except for the attempt of the local Italian authorities to simulate Italian sovereignty over the city of Trieste, its International Free Port, and the five municipalities nearby.

Currently, there is much discussion about amending the Special Statute of Autonomous Region Friuli Venezia Giulia. The provision in question is draft Constitutional Law No. 1289, and it does itself show the awkwardness of Italian authorities as they face the question of the Free Territory of Trieste.

The new law, proposed by Region Friuli Venezia Giulia, regards the re-arrangement of local bodies, including the suppression of provinces. This is a significant amendment to the Region’s funding law (Constitutional Law No. 1 of 31 January 1963), so it must be approved by the Italian Parliament.

But the main problem for the lawmakers is Trieste’s legal status. The draft law mentions four provinces (Gorizia, Udine, Pordenone and obviously Trieste), however, that is not an Italian body, it is an homonymous body of the Free Territory of Trieste. And this is obvious: on 15 September 1947 Trieste became its own State with its own bodies.

Simply enough, since there is no Italian Province of Trieste, no Italian constitutional law can eliminate the current one, which is established under Trieste’s own laws.

This is a real mess. And even regional law-makers admit it, to the point that, when taking into examination article 1 of draft law A.C. 3224 (Modifiche in materia di definizione del territorio – Amendments on the subject of definition of the territory), when defining the territory of the region, they specify:

“Secondo il testo vigente, mai modificato dal 1963, la regione Friuli Venezia Giulia comprende i territori delle province di Gorizia e di Udine e dei comuni di Trieste, Duino-Aurisina, Monrupino, Muggia, San Dorligo della Valle e Sgonico”.

In English:

“According to the text in force, never amended since 1963, region Friuli Venezia Giulia includes the territories of the provinces of Gorizia and Udine as well as those of the municipalities of Trieste, Duino-Aurisina, Monrupino, Muggia, San Dorligo della Valle and Sgonico”.

The reason why the provinces of Pordenone and Trieste are missing is explained in the following terms:

“The formula of the 1963 Statute has administrative and historical reasons. As for the province of Pordenone, in facts, it has been established after the coming into force of the statute, under Law No.177 of 1 March 1968.

The question of Trieste is more complex, being connected to the happenings of World War II and following the Treaty of peace of Paris of 1947, under which Trieste, declared ‘Free Territory’ had been subtract to national sovereignty and divided into two zones subject, respectively, to Anglo-American (zone A) and Yugoslav (zone B) military administration.

With the Memorandum of London, signed on 5 October 1954 between the Government of Italy, of the United Kingdom, of the United States and of the Federative People’s Republic of Yugoslavia, it was established that Zone A, consisting in the municipalities of Duino Aurisina, Sgonico, Monrupino, Trieste, Muggia and San Dorligo della Valle, passed from the Allied military occupation to the Italian civil administration.

Those municipalities did constitute de facto the province of Trieste, which elected its own bodies in 1956. Only with the Treaty of Osimo signed on 10 November 1975, the frontiers between Italy and Yugoslavia became final”.

The Italian Senate Commission for Regional affairs does itself declare that, when it comes to the draft law for Friuli Venezia Giulia it shall respect the international obligation taken by the State of Italy. This seems a reference to no less than the question of the Free Territory of Trieste.

This is how the Commission of the Senate:

“… recalling, as for this matter, article 4, sub-paragraph 1, paragraph 1- bis), of the special Statute of region Friuli Venezia Giulia established that, in accordance with the Constitution, the general principles of the legal system of the Republic, with the fundamental norms of economic-social reforms and with the international obligations of the State…”.

But how it is possible abrogating, or, as Italian authorities say, “suppressing” a public body that belongs to another State? Even the imaginative Italic lawmakers are beginning to have some doubts about the conclusion of the operation. Which would then ignite a chain reaction of unpleasant side effects.

For example, the local administering authorities use the Province of Trieste to simulate Italian sovereignty, for example, treating it as an Italian electoral body, which it is not. To suppress this Province, the Italian Government should exercise its administration. Bot the local system of corruption would most certainly not like it, since this confusion is what maintains it in power.

So, what is the “true” legal status of the Province of Trieste, the one that the nationalistic local authorities try so desperately to hide falsifying history and law? It is the story of its establishment as a body of the Free Territory of Trieste.

The Allied Military Government of the Free Territory of Trieste established a new body, called “Province of Trieste” as a provisional adminsitrative body (not an elective assembly) of the Free Territory itself under Order No. 259 of 25 June 1948 – Local administration:

«For the purpose of local government that part of the Free Territory of Trieste administered by the British-United States Forces shall constitute one single Zone composed of the Communes comprised within its boundaries and including the autonomous body “Provincia di Trieste”» 

This newly-established “Provincia di Trieste” is a new body of State of the Free Territory of Trieste, which has no continuity or legal and territorial identity with the ceased Italian Province which had the same name.

The administrative and political use of the name “Provincia di Trieste” after the coming into force of the Treaty of Peace (15 September 1947) does no longer regard Italy.

The new “Provincia di Trieste” is governed by a President of the Province and a Provincial Council, both appointed by the President of the Zone. And this Province sure exists.

It’s time to repeat it once more: how can Italy abolish, abrogate, suppress, a body of the Free Territory of Trieste, which is recognized by both the world legal system and by the very laws (and Constitution) of the Republic of Italy?

And I have one additional question: how is it possible that Autonomous Region Friuli Venezia Giulia was established in 1963 with Trieste as its capital city given that, as admitted by the same Region in its draft laws A.C. 2060 and A.C. 3224 to amend the statute, Trieste was the capital city of another State under temporary civil administration?

Translated from blog “Ambiente e Legalità” – “Environment and Legality” by Roberto Giurastante

Image: header of the draft law A.C. 2060 as published by the Italian Parliament