Archiv der Kategorie: Presse

Trieste’s taxation rights and Free Port: impugned the “political” judgment of the Court of Cassation in Rome

Trieste-Rome, 29 October 2022 – The International Provisional Representative of the Free Territory of Trieste I.P.R F.T.T. has presented its appeal for annulment against judgment No. 8600/2022, with which last March the Italian Court of Cassation refused to review the Treaties and laws in force, which establish the Italian Republic’s and the Italian Government’s obligations towards the present-day Free Territory of Trieste, including the rights of all other States over its international Free Port.

Furthermore, in that decision, the Italian Court of Cassation attempts to endorse certain well-known political claims according to which the Free Territory of Trieste “does not exist and never existed”.

However, such political claims are manifestly false, and if they were true, they would also imply the international Free Port’s nonexistence, because it is legally established since 1947 as a State corporation of the Free Territory of Trieste.

The writ of summon for annulment, dated 15 September 2022 and lodged before the Italian Court of Cassation under RG No. 23050/22, is published here (in English and in Italian) and does also reserve further action before the competent international and European courts.

Indeed, the impugned decision is abnormal, because domestic judges, as well as all of the Italian State’s public officers, are constitutionally bound to know and enforce, as part of their duties, also the domestic laws enforcing their State’s international obligations, however, they have no authority to violate, annul, or amend them.

This does also mean that, regardless of the judgment’s nature or instance, an Italian Court’s refusal to review and to enforce the aforementioned international obligations has no effect on them, and does not justify further violations committed by other Italian judges or Italian public officers.

Furthermore, any Italian court refusing, on political grounds, to review and enforce legislation in force would also violate its Constitutional obligations of fairness and independence, consequently denying the appellants the universal and fundamental human right to a fair trial before an independent and impartial tribunal.

For all those reasons, the I.P.R. F.T.T. considers the impugned decision «a political judgment that goes against the law, as well as subversive of legality and of the international legal order established by the port-WWII Treaties of Peace, which recognize the present-dayFree Territory of Trieste as an independent and neutral European sovereign State, with an international Free Port open to the ships and freight of all States, without discrimination».

The present-day Free Territory of Trieste borders with Italy and with Slovenia, and since 1954 its temporary civil administration is sub-entrusted to the Italian Government under a special trusteeship mandate by the Governments of the United States of America and of the United Kingdom as its primary administering Governments on behalf of the UN Security Council.

The subject is ruled by a coherent, univocal body of laws (LINK) and it is not an internal matter of the Italian State, because it regards another, recognized sovereign State, as well as its rights and roles within the international law, and the deriving rights of all States.

In particular, the correct administration of both the present-day Free Territory of Trieste and of its international Free Port has an increasing strategic relevance in the consolidation of the European Three Seas region (Baltic-Adriatic-Black Sea) and for the Western Balkan’s own stabilization, both of which are fundamental condition for Euro-Atlantic balances within the global strategic context.

This is why, since as early as 2017, the I.P.R. F.T.T. opened a complex legal battle summoning before Court the Italian Government to have it comply with its mandate’s obligation in regards to Trieste’s taxation regime (LINK) the Italian Value Added Tax – IVA’s collection (LINK), and the international Free Port’s management (LINK)

The third lawsuit is the most embarrassing for Italian Courts, because it accuses the Italian Government of port frauds and illegitimate agreements with Communist China, as well as because denying the Free Territory’s legal action would also mean denying the legitimacy of the international Free Port’s regime and, by extension, the rights of all States and their enterprises over it, including Italy’s.

So far, more than 1600 citizens, organizations, and enterprises from Trieste and from other States have joined the three legal actions to support the I.P.R. F.T.T.

Adhesions to the lawsuit regarding the international Free Port’s management remain open until Tuesday, November 29th, at the Free Trieste Movement’s office in Piazza della Borsa 7: LINK.

F.W.

English version by Silvia Verdoljak

La Voce di Trieste

29th October 2022

Free Trieste has joined the civil lawsuit for the international Free Port and is organizing further interventions of citizens and enterprises

Source: Free Trieste Movement – Official Website

The Free Trieste Movement has officially joined civil lawsuit No. 5209/2019 RG, registered at the Court of Trieste on 6 December 2019 by the International Provisional Representative of the Free Territory of Trieste – I.P.R. F.T.T. which has summoned before Court the Italian Government, some of its Ministries and bodies, including the Port Authority, and the Municipality of Trieste for breaches of the legal and fiscal status of the international Free Port of Trieste (LINK).

This lawsuit is the most tangible and effective instrument to obtain the respect of the rights of Trieste, of all other States, and of their enterprises over the international Free Port, which exists since 1947 as a State corporation of the present-day Free Territory of Trieste, sub-entrusted to the temporary civil administration of the Italian Government by the Governments of the United States and of the United Kingdom for their role of primary administering authorities on behalf of the UN.

This initiative has already attracted more than 100 intervention, and all citizens and enterprises can join the lawsuit by scheduling an appointment with the Office of the Free Trieste Movement by email (LINK) or by phone at 040/2470772 – cell. 333/3337776 during the usual office hours

Trieste tax rights: the Cassation’s judgment is to be impugned

Source: La Voce di Trieste

Author of the English version: Silvia Verdoljak.

Trieste, 21 March 2022 – The Italian Court of Cassation lodged its decision, awaited since 8 February, in the first of the three civil legal actions for demonstration lodged by the International Provisional Representative of the Free Territory of Trieste – I.P.R. F.T.T. versus the Italian Government and regarding breaches of Trieste’s legislation on taxation and on the international Free Port.

The judgment avoids any review of the laws and evidence on which the legal action is based, instead, it declares the Italian courts have no jurisdiction when it comes to the behavior of bodies of the State, and it surreptitiously invokes infamous, nationalistic political theses, which claim the alleged lack of legal existence of the Free Territory of Trieste, despite those claims lacking legal foundation. This means the judgment is absolutely abnormal under multiple respects, starting with the unexpected fact that it subjects legality to politics, thus breaching the Constitutional principles of independence, neutrality, and function of the judiciary.

In addition to this, the judgment is not final, and it does not close Question Trieste, because it is being immediately impugned for annulment. This does also mean that it cannot affect the other pending lawsuits on the matter, especially not the one regarding the international Free Port and, if that judgment is confirmed, it would strengthen the previously announced, and already possible, further actions before the competent European and international Courts.

News and statements alleging that this judgment of the Italian Court of Cassation closes Question Trieste are therefore mere disinformation and false political propagandas, as we reserve to demonstrate publishing at the earliest possible time a clear and accurate analysis of the abnormal judgment and of the grounds for its impugnation and for further appeals before superior European and international Courts.

F.W.

Taxes and international Free Port of Trieste: why victory is near

Analysis by Paolo G. Parovel

Trieste, 29 June 2021 – The first of the three civil lawsuits initiated by the I.P.R. F.T.T. – International Provisional Representative of the Free Territory of Trieste versus the Italian Government for the demonstration of the taxation rights of Trieste and of its international Free Port has reached the Italian Supreme Court of Cassation.

Taxes and international Free Port of Trieste: why victory is near weiterlesen

Das Movimento Trieste Libera – Bewegung Freies Triest unterstützen

The Free Trieste Movement in the biggest political organization in Trieste, and the only one that works tirelessly since 2011 for the full activation of all civil and economic rights of the Free Territory of Trieste and of its international Free Port, of its citizens, and of its enterprises, as well as to put an end to the serious judicial and fiscal violations of the Italian Government, which is still sub-entrusted with its temporary civil administration.

The work of Free Trieste does efficaciously develop on the local level, but also in respect of provisional Italian authorities and on the international level, with an intense elaboration of legal instruments, suitable acts, public actions and demonstration  both concrete and very symbolic, all promoted both in Trieste and abroad through conventional media and especially on line, receiving back many contacts and interest, constantly increasing.

The Movement is exclusively active  thanks to volunteers whee work without pay, asking to everyone to help as they can, because that is always useful, and according to their time and economic resources.

Those who cannot directly partecipate can also help by sharing information in their environment, or with economic helps to cover the administrative costs of the organization.

Each donation to the Free Trieste Movement makes a differnece and is greatly appreciated: donations can be either given to the secretary office (in Piazza della Borsa 7, Trieste), sent via bank transfer (IT94F0306909606100000075057, BIC/SWIFT: BCITITMM929), or with Paypal, using the following button:

 

As you can see from the material published on this website, only Free Trieste defends tenaciously and seriously, with competence and efficacy, the true rights of employment, welfare, dignity and freedom of the citizens, of the enterprises and of the State of the Free Territory of Trieste!

 

Trieste taxation lawsuit: appeal before the Court of Cassation

Trieste, 23 June 2020. – The Trieste Court of Appeal lodged its decision in civil lawsuit RG 139/2019, with which the International Provisional Representative of the Free Territory of Trieste – I.P.R. F.T.T. and 599 natural and legal persons, including businesses, request the demonstration of the general system of taxation that is to be enforced in Trieste. The information comes from the I.P.R. F.T.T. with the announcement of an immediate impugnation of the judgment before the Italian Court of Cassation Trieste taxation lawsuit: appeal before the Court of Cassation weiterlesen

COVID-19: the I.P.R. F.T.T. addresses the Italian Government

The International Provisional Representative of the Free Territory of Trieste – I.P.R. F.T.T. has sent to the Italian Government a note regarding the enforcement of the measures to contain and manage the COVID-19 epidemic emergency in the present-day Free Territory of Trieste and in its international Free Port.

The temporary civil administration of the present-day Free Territory of Trieste is sub-entrusted to the Italian Government by the Governments of the United States of America and of the United Kingdom of Great Britain and Northern Ireland on behalf of the UN Security Council.

The note is published in English here| and in Italian here

I.P.R. F.T.T.

Port of Trieste: the I. P. R. F. T. T. joins the EU procedure regarding the taxation of Italian Ports

The International Provisional Representative of the Free Territory of Trieste – I.P.R. F.T.T. has submit an official intervention in the European Commission’s procedure State aid SA.38399 (2018/E) Corporate Taxation of Ports in Italy. The intervention of the I.P.R. F.T.T., lodged on 8 February under protocol number 2020/01608, revolves on the international Free Port and the customs port of Trieste, and is now published both in the original English version (LINK) and with an Italian translation (LINK).

The EU procedure considers that Italy Port of Trieste: the I. P. R. F. T. T. joins the EU procedure regarding the taxation of Italian Ports weiterlesen

EMERGENCIES WITHOUT PREVENTION: FROM THE NEW CORONAVIRUS TO NUCLEAR RISK

The flayer about the COVID-19 emergency (in Slovenian, but there is also an Italian version) received in the mail by all Slovenian citizens. This document is clear and essential, and it is also free to download from Slovenia’s institutional websites. This is a great example of public information on health matters provided during a serious crisis . EMERGENCIES WITHOUT PREVENTION: FROM THE NEW CORONAVIRUS TO NUCLEAR RISK weiterlesen