What has happened yesterday within the trial-house of Trieste marked the turning point in the legal battler for the recognition of the rights of the citizens of the Free Territory. For the first time since this question has been raised and brought to the attention of the Italian juridical authority, one justice has recognized that the Free Territory of Trieste has been administered until 1975, as the Italian State had no sovereignty on it.
It took twenty-seven months.
Twenty-seven months during which any legitimate request of the citizens of Trieste to obtain respect for their rights, granted by the Treaty of Peace of 1947 has been inexorably rejected with a standard formula: inadmissible and ungrounded.
Always with an ordinance, never with a judgment. At least, when it comes to criminal jurisdiction. The one with the highest importance for such matters. Because condemning, possibly to even imprisonment, people which declare themselves citizens of another State under the inapplicable laws of the Italian Republic, may cause at least some problems. Naturally, this is true for a democratic State member of the European Union which recognizes itself in the order established by international treaties.
Even justice Piero Leanza expressed his position with an ordinance, but this is one of these decisions leaving a mark, breaking decades of twisted juridical theories with whose someone simply wanted to affirm what is impossible, meaning the idea that Trieste has always been Italian since the sovereignty conquered by force in 1918 would have never ceased.
This justice ha declared that the Memorandum of Understanding of London transmitted to Italy only temporary civil administration of zone A of the Free Territory of Trieste. This only until 1975, when, with the Treaty of Osimo, Italy would have gained back sovereignty on the territory of Trieste.
It is impossible to agree on this last point. The Treaty of Osimo is a simple bilateral agreement between Italy and former Yugoslavia, and it certainly could not modify the Treaty of peace, source of a superior Right and, because of this, prevailing on it. Treaty of Peace with which Italy, defeated country, underwent to the loss of Trieste and its port.
When does ever a defeated Country receive the right not to respect such a Treaty? By some unwritten, special law regarding Italy only, or by some factual modification of international order yet to be codified by the international treaties?
But it still remains indisputable that, according to this same justice, from 1954 to 1975 Italy had no sovereignty on Trieste, simply administered under trusteeship agreement instituted by the Memorandum of London. Not having sovereignty on it, Italy could not impose its laws nor its regulation within that territory.
And so, how comes that, back in 1963, Trieste has been annexed, together with zone A of the Free Territory of Trieste, to the yet-to-be constituted Autonomous Region Friuli Venezia Giulia? How comes that that citizens of Trieste assisted impotent to the imposition of an unrequested Italian citizenship, which a third Country could not impose to them? How comes they were constricted for the military service in the Armed Forces of the Italian Republic, or had to pay taxes to the Italian State?
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