ALSO, THE ITALIAN COURT OF APPEAL OF TRIESTE WAS “ABOLISHED” IN SEPTEMBER 16TH, 1947: WHICH JURISDICTION IS IN FORCE IN TRIESTE?
With judgment 49/13 of January 29th, 2013 the G.U.P. (Giudice Udienze Preliminari – Judge of the preliminary hearing) of the Court of Trieste expressed himself on the exception of the lack of jurisdiction – that I had risen in a trial where I was committed for a crime of opinion – has rejected my instance (even, after discharging me in the merit of the alleged offence) declaring that: “the assumption stating that the city of Trieste would not be under the administration of the State of Italy was clear the manifestly unfounded.”.
In my exception, I underlined that since the sovereignty of the Italian Republic of Italy over the Free Territory of Trieste ceased, the judiciary cannot act in the FTT in the name and on behalf of Italy, thus cannot enforce its jurisdiction (the absolute lack thereof giving raise to irremediable nullity and voidness of all consequent acts).
The absolute lack of jurisdiction is the consequence of the coming into force of the 1947 Treaty of Peace with Italy, which (at Art. 21,paragraph 2) declares Trieste the capital city of a State independent from the Italian Republic since 15 September 1947.
So, the judgment of the G.U.P. (Judge of the Preliminary Hearings) of Trieste is rather interesting, as it is obvious that administration is quite a different thing than sovereignty.
The current, temporary civil administration of Trieste is established under the 1954 Memorandum of Understanding of London, which involves Governments, not States: since 26 October 1954, the Italian Government is sub-entrusted with a special trusteeship mandate on behalf of the Governments of the United Kingdom and of the United States, primary administrators of the present-day Free Territory of Trieste on behalf of the UN Security Council which, from 1947 to 1954, administered Trieste through its first Government of State: the AMG FTT (Allied Military Government Free Territory of Trieste).
Special trusteeship means Administration means governing and existing State in compliance with its law, and indeed the AMG FTT did not simulate British or United States sovereignty over the Free Territory of Trieste.
On the contrary, the local bodies of the Italian Government did it extendedly, and also in breach of Italy’s own legislation: an outright “camorra” that protects its shady business hiding behind an Italian nationalism as fanatic as anachronistic.
The very presence of Italian judicial authority in Trieste is in question when it claims to enforce not the mandate entrusted to the Italian Government, but Italian jurisdiction in place of that of the Free Territory, which is established under the Treaty of Peace and the Official Gazettes of the FTT (including those issued during the Italian administration), and also under the Italian Republic’s own law.
For example, the Italian Court of Appeal of Trieste has been cancelled as an Italian Court at the coming into force of the Treaty of Peace, as it could no longer fulfill its function of Court of appeal for the legal districts of another State. The law which ruled the modification of legal district of the Court of appeal of Trieste is Decreto Legislativo n. 1319 del Capo Provvisorio dello Stato of October 4th 1947, in force since September 16th, 1947 (the day of the end of Italian sovereignty over Trieste) with retroactive effects.
This law is still in force. Yes, you got that right: the law that abolishes the Italian Court of second instance in Region Friuli Venezia Giulia has never been cancelled. Or, to be honest, there has been an attempt to do that, 61 years after its coming into force, but a the “forgetful” Italian legislator, with Decreto Legge No. 200 of November 22nd, 2008 abolished the wrong law… instead of Decreto Legislativo No. 1319 of October 4th, 1947 he got rid of Decreto Legislativo n. 1319 of November 4th, 1947, which does not even exist.
The fact that the Court of Appeal of Trieste does not belong to the Italian Republic, because it is a body of the Free Territory of Trieste, is also confirmed by another law the Republic of Italy, in force: Law No. 330 of 22 April 1953, which modified the organization organic plants of Italian Courts of appeal. And, of course, Trieste is not there. It cannot be there because, simply enough, the city and its Court are not part of the Republic of Italy: they didn’t then ad they don’t now.
The present-day Court of Appeal of Trieste is indeed a body of the Free Territory: in 1948 the AMG FTT did also make it the Court of third and last instance of the new State. After 26 October 1954, it was the the Commissioner General of the Italian Government, in charge of administering the FTT, to issue his own Decrees (Non. 2 and 25 of 1954, among others), therefore acts of jurisdiction of Trieste, not of Italy, to temporarily subject the Court of Appeal of Trieste to the Italian Court of third and last instance, the Italian Court of Cassation, but this does not justify the simulation of Italian sovereignty, it only makes it a breach of the legal orders of two States. Another Lessons of reverted law, from an upside-down democracy…