The duties of Italian civil officers in the Free Territory of Trieste
The legal questions concerning the special trusteeship over the present-day Free Territory of Trieste and its international Free Port were solved at the end of August 2016 with an expertise used by the International Provisional Representative of the Free Territory of Trieste – I.P.R. F.T.T. (LINK) to request an urgent verification of the conduction of the administration mandate.
For this purpose, the I.P.R. has notifiedthe expertise and the request of verification to the administering Italian Government, to its administrative local bodies, to the President of the Italian Republic as guarantor of Italy’s international obligation and, for information, to the Governments of the United States of America and of the United Kingdom as primary administrators, and to the United Nations as international guarantors of the Free Territory [S/RES/16 (1947); UNTS Vol. 49, n. 747].
The expertise, published in English and in Italian on the website of the I.P.R. F.T.T. (LINK) together with the communications that are not confidential, proves that the local bodies in charge of the Italian administration simulate that the Free Territory is subject to the sovereignty of the Italian State, and by doing so they cause extremely relevant damages to the little State they administer as well as to the other States entitled with rights over its international Free Port.
The administering Italian Government keeps silence because it cannot deny the facts that, to this point, the I.P.R. F.T.T. has notified on the international level.But neither it has ordered to its local bodies to end the simulation of Italian sovereignty over the Free Territory of Trieste. The silence of the Government constitutes a source of discomfort for the Italian civil officers whose duties regard, directly or indirectly, this subject.
This happens because, the Italian Government uses Italian civil officers to administer the Free Territory,and they must swear an Oath of Loyalty to the Italian Republic. May of them are afraid that, in case they autonomously recognize the non-existence of the Italian sovereignty over the Free Territory without being orderedto do so by their Government, this constitutes a violation of their Oath of Loyalty.
The I.P.R. F.T.T. has now demonstrated with a short Addendum to the expertise that the exact opposite is true: Italian civil officers who recognize and correctly administer the Free Territory of Trieste fulfill their Oath of Loyalty to the Italian Republic, while those who simulate a non-existing Italian sovereignty betray the Italian Republic.
The new document analyzes the qualifications and functions of Italian civil officers in the Free Territory of Trieste, the principle of responsibility established in the Italian Constitution, their Oath of Loyalty to the Italian Republic, its fulfillment, the forge and use of deceptive public acts as well as the civil and criminal liabilities of civil officers who are responsible for the violations, which do also apply to the public bodies they represent.
The I.P.R. F.T.T. has therefore notifies also the Addendum to all Italian and international bodies that had previously received the expertise, and published it on its website (LINK). Reading and discussing this document is therefore very important for all parties in order to avoid both logical-legal mistakes and disputes without legal bases. [F.W.]
© 30 Settembre 2016
