The documents presented in the following pages recently released by the Slovenian Republic, the administrator of a part of the Free Territory of Trieste, outline today an important and unparalleled step towards the definition and application of the rights of the citizens of the FTT/TLT/STO.
We strongly recommend that you also consult the footnotes of these pages.
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The following are the reasons:
1. Did Citizenship of the Free Territory of Trieste ever come into force?
Yes. The Peace Treaty that determined the current geopolitical balance at the end of the second world war with the annexes inherent to TLT/STO/FTT [note 1] and, above all, the loss of Italian sovereignty over that Territory (c.d. Peace Treaty 10 February 1947, Art. 21.2, read it to believe it [note 2]), together with the documents attached to this communication, speak clearly.
2. Is Citizenship of the Free Territory of Trieste still valid?
Yes. Neither the Memorandum of London [note 3] nor the bilateral Treaty of Osimo indicate any provision this regard, and neither could they. Therefore, in 2014 there exists no international treaty that has determined the forfeiture of same – nor has it ever even been mentioned in any democratic process or consultative forum with the population – the fundamental Right to citizenship [note 4] for the citizens of the Free Territory of Trieste result therefore as being fully in force even today, also according to the internal laws of the individual signatory States [note 5].
3. But nobody has mentioned this to me for decades! So how can this be?
In effect it may seem incredible – today – but decades of very tight control of the local media and not only that [note 6], together with poor organization on the part of the citizenship of the Territory and the difficulty, in a world without internet, to access documents and other original sources have, up to now, effectively frozen the situation . Today, we are changing this state of affairs; our submissiveness is at an end.
4. I still cannot believe it! Is there really no document in existence that transfers citizenship from that of the Free Territory to that of Italy/Slovenia/Croatia?
Nothing of the sort exists.
5. Is there anyone who recognises this citizenship, today?
The attached documents, released in 2014 as historical certificates, demonstrate that the Slovene Republic, for example, even today formally recognises the existence of citizenship of the Free Territory of Trieste .
In fact, in the local council administrative offices, the citizens of the Free Territory of Trieste have the right of access to their historical data. Whether in relation to marriage certificates, certificates of residency or anything else, citizenship of the Free Territory of Trieste is duly and clearly noted .
6. What are the effective implications of citizenship of the Free Territory of Trieste for the each individual person?
Among the various consequences there are certainly the following:
• total exemption from the payment of the national debt of the administrating countries (All. X, Art. 5);
• total exemption fro the application of taxes and charges on a territorial basis (such as VAT);
• full rights to receive the State Pension from the State to who contributions have been made (All. X, Art. 8);
• no obligation to offer civilian or military service, neither in the past nor in the future (All. VI, Art. 3);
• full freedom of language, religion, thought and education. (All. VI, Art. 4 e 7);
• participation in the daily life of a State founded on solid democratic pillars (All. VI, Art. 10.1 e 12);
• the right to establish one’s own monetary, railway and aviation systems and a naval register for central Europe (All. VI, Art. 30-33);
• priority, on parity of curriculum, in all areas of employment within the Free Port (All. VIII, Art. 18.3), where manufacturing activities and raw material processing are also applicable (All. VIII, Art. 7).
7. What are the effective implications of acquiring citizenship of the Free Territory of Trieste fin terms of establishing the State?
In Public International Law it is a firm and fundamental understanding that citizenship implies sovereignty: “Citizenship implies sovereignty, whereas nationality does not.” [note 7]
Citizenship = Sovereignty
8. There is a further and very important concept, which is crucial for a full understanding, that EVERY Triestine must know.
Sovereignty, for a State, represents supreme power. “Sovereignty, in political theory, maximum responsibility or authority, in the decision process of the State and in maintaining order” Enciclopædia Britannica [note 8]
Sovereignty = State
9. So, who then shall have said “maximum authority”?
This power ,in the Free Territory of Trieste, as a consequence, does not actually belong to the administrators that have managed the Territory to date but belongs to the citizens themselves. The Sovereignty of the Free Territory of Trieste was, is, and shall therefore remain the sole and exclusive prerogative of its citizens.
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10. Conclusions
If, as has been demonstrated here, citizenship of the Free Territory of Trieste does exist and remains in force then there exists automatically a Sovereign People who hold this supreme power both in terms of internal State affairs and International relations .
Obviously, all of this underlines the “Non Sovereignty” of those who are only administrating the Territory today.
This administration must, however, operate in strict observance of the Laws and norms as established in International Treaties.
If, therefore, the sovereign citizens are not satisfied with the present administration or are oppressed by that administration, then they are fully within their rights – indeed it is their civil duty – to act accordingly.
Citizenship = Sovereignty = State
[1] The Treaty of Peace with Italy, signed in Paris on February 10, 1947, is an agreement (not a contract): an agreement Treaty is an objective source of legislation, while a contract Treaty would just create subjective rights, but no jurdictional norms.
A contract Treaty could, in fact, authorise one of the parts to be released from the obligations, while a violation of an agreement Treaty will still tie all the signing parties of the Treaty itself to its execution.
Strengthening this thesis, with which we affirm the existence of the citizenship and as a consequence of the Territory itself, even Italian law sources can be of help, where for instance the Treaty of Peace with Italy has been made executive with the law of the Italian state on 25 November 1952, n. 3054, of only one article, included in the Official Journal n.10 on 14 January 1953, in force since 29 January 1953, today in force in the Italian judicial system, stating that”[…] It is an obligation for everyone to observe and enforce it as a State law.[…]”
v. Santi Romano, Corso di Diritto internazionale, Padova.
Decreto 1430/1947, Ratifica 3054/1952
Articolo 21.2 al Trattato di Pace con l’Italia di Parigi del 1947, in vigore dal 15 settembre 1947 e mai sovrascritto: “2Italian sovereignty over the area constituting the Free Territory of Trieste, as above defined, shall be terminated upon the coming into force of the present Treaty.
The mentioned treaty entered into force on 15 september 1947, and it still is.
Find the whole treaty here
Testo completo con tutti gli allegati
Dichiarazione universale dei Diritti dell’Uomo (Genéve, 1948), Articolo 15.2: “Nessun individuo potrà essere arbitrariamente privato della sua cittadinanza, né del diritto di mutare cittadinanza.” Testo completo della Dichiarazione [5] La Inoltre a corroborare la non validità del c.d. Memorandum di Londra, è nuovamente utile consultare la letteratura legislativa dei singoli stati, nella quale troviamo scritto all’art.80 della Costituzione Italiana: “[…] Le camere autorizzano con legge di ratifica dei trattati internazionali che sono di natura politica, o prevedono arbitrati o regolamenti giudiziari, o importano variazioni di territorio od oneri alle finanze o modificazioni di legge. […]” [6] Sul clima presente a Trieste fino a poco fa, vedesi: a) http://www.strano.net/
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