Legislation

February 23, 2001

(Published in the Gazzetta Ufficiale n. 56, March 8, 2001)

Article 1

Recognition of the Slovene minority

1. The Republic recognizes and protects the rights of the Italian citizens belonging to the Slovene minority present in the provinces of Trieste, Gorizia and Udine, according to Articles 2, 3 and 6 of the Constitution and Article 3 of the Constitutional Law of January 31, 1963, containing the approval of the special Statute of the FriuIi-Venezia GiuIia region, in accordance with the general principles of the regulation and the principles of the Universal Declaration of Human Rights, the International Covenants, and those treaties signed by the Italian government.

2. Those Italian citizens belonging to the Slovene minority shall be applied the dispositions of the Law 482, of December 15, 1999, except for the provisions of the present Law.

Article 2

Adhesion to the principles of the European Charter for Regional or Minority Languages

1. The measures concerning the protection of the Slovene minority envisaged in the present Law are based, apart from the Framework Convention on the Protection of National Minorities, made in Strasbourg on February 1st, 1995 and ratified within Law 302, of August 28, 1997, on the following principles stated in the European Charter for Regional or Minority Languages, made in Strasbourg on November 5, 1992:

a) the recognition of regional or minority languages as an expression of the cultural heritage;

b) the respect towards the territorial scope of each language;

c) the need for specific actions of affirmation of regional or minority languages aiming at their safeguard;

d) the promotion of transfrontier and interregional cooperation even in the field of European Union programmes.

Article 3

Institutional Parity Committee for the problems of the Slovene minority

1. Pursuant to a decree by the President of the Republic, and after advisement from the Council of Ministers, the institutional Parity Committee for the problems of the Slovene minority shall be set up six months after the enforcement of the present Law formed by twenty members, ten of which are Slovene-speaking Italian citizens.

Article 4

Territorial scope of application

1. The measures concerning the guardianship of the Slovene minority envisaged in the present Law shall be applied in accordance with the conditions and modalities indicated in the Law itself, in the territory where the minority has been historically present. This territory includes the municipalities, or part of them, indicated a predetermined table provided by the Committee within 18 months after its constitution and approved through a decree by the President of the Republic, on request of at least the 15% of the citizens inscribed in the electoral lists, or at proposal of one third of the councilors from the concerned municipality.

Article 5

Guardianship of the German-speaking population of Val Canale

1. Within the framework of the dispositions of the Law 482, of December 15, 1999, and the principles of the present Law, special ways of protection shall be guaranteed to the German-speaking population of Val Canale, taking into consideration the quatrilingual situation of the area, and without any new or major charges for the state budgets.

Article 6

Unique text

1. The government is entitled to emanate, within one hundred and twenty days after the enforcement of the present Law, after the Committee's advice, a legislative decree containing the unique text of the legislative dispositions in force concerning the Slovene minority of the Friuli-Venezia Giulia region, while gathering and coordinating the norms of the present Law.

Article 7

Slovene names, surnames and designations

1. People belonging to the Slovene minority have the right to give Slovene names to their children. They shall also have the right to have their names and surnames appropriately written or printed according to the Slovene spelling in all public Laws.

2. The right to establish designations, emblems and insignia in the Slovene language corresponds to either Slovene companies or other legal persons, not only to Slovene institutes, organizations, associations or foundations.

3. Citizens belonging to the Slovene minority shall be able to change their names written in Italian, as well as those imposed before the enforcement of Law 935, of October 3l, 1966, into their corresponding name in Slovene Language or whatever name used in social relations, in Slovene language.

4. Every citizen whose name has been somehow modified or altered can get his/her current name changed into the Slovene spelling, in accordance with the procedures envisaged in Article 11 of Law 482, of December 15, 1999.

5. The royal decree-law of January 10, 1926, turned into Law 898, of May 24, 1926, is abolished.

Article 8

Use of the Slovene Language in public administration

1. In accordance with the official character of the Italian language, the Slovene minority present in the territory referred to in Article 1, is given the recognition to use the Slovene language in their relations with local administrative and judicial authorities, as well as with providers of services of public interest sited in the territory referred to in article 1, and municipal authorities referred to in article 4, according to the modalities envisaged in section 4 of the present article. It is also recognized the right to be replied in the Slovene Language:

a) In verbal communication, either directly or by means of an interpreter;

b) In correspondence, with at least one attached translation in Italian language.

2. The army and the police forces, when fulfilling their respective institutional tasks, shall be excluded of the applications of the provisions of the first section of the present Article, except in administrative procedures.

3. In the municipalities referred to in Article 4, all kind of laws or proceedings of public use written in forms, even personal documents such as identity cards or civil register documentation, may be either written in both Italian and Slovene language, at the request of interested citizens, or only in Italian language. The use of the Slovene language is also envisaged with regard to official notices and publications.

4. In order that the rights referred to in Articles 1, 2 and 3 may be applied and effective, the concerned administrations, including the State administration, in the territory comprised in the table referred to in article 4, shall adopt the necessary measures, adapting their own offices, its staff and internal organization, with respect to the current procedures of application of the provisions included in article 39 of Law 449, December 27, 1997, and subsequent modifications, and within the limits of the financial resources available in relation to the present Article.

Article 9

Use of the Slovene Language in elective bodies

1. All collegiate institutions and elective assemblies sited in the territory referred to in Article 4, have the right to use the Slovene language in their oral and written interventions, as well as in presentation of proposals, motions, questionings and interpellations, including eventual verbal activities. The statutes and regulations of the elective bodies establish the respective modalities of procedures.

2. Authorized administrations shall be empowered to provide contextual translations in Italian language of either oral or written interventions.

3. Members of elective bodies and assemblies can develop their eventually performed public functions in Slovene Language, at request from the interested party.

4. The use of the Slovene language alongside the Italian one is allowed in relations between public offices sited within the territory referred to in Article 4.

Article 10

Public signs and place-names

1. By means of a decree by the President of the regional council, on the basis of the proposal from the Committee and after consultation to the concerned institutions, the municipalities, fractions of them, places and institutions where the use of the Slovene language is expected alongside the use of the Italian one in signs of public offices, in official letters and, in general, in all public signs as well as in standards, are specified on the basis of the table included in Article 4.

Article 11

Public schools with Slovene as the teaching language

1. While not envisaged in the present Law, the dispositions from Laws 1012, of July l9, 1961, and 932, of December 22, 1973 shall continue to be applied. In Article 2, first and second paragraphs, of Law 932, of December 22, 1973, n.932, after the words "of Slovene mother language" are included the following words "or with full knowledge of the Slovene language."

2. According to the provisions established in Article 1.3 of Law n. 1012, have July 19, 1961, regarding the re-organization of schools with Slovene as the teaching language, procedures shall follow the operative modalities established in Articles 2, 3, 4, 5 and 6 of the decree of the President of the Republic n. 233, of June 18, 1998, and with respect to the competences envisaged in Articles 137, 138 and 139 of legislative decree n. 112, of March 31, 1998, after consultation with the regional school commission for the instruction of the Slovene language, shall be in accordance with Article 13.3 of the present law.

3. In the end of the wording of Article 4 of Law n. 1012, of July 19, 1961, it should be added the following words: "after consultation with the regional school commission for the instruction of the Slovene language."

4. The use of the Slovene language in relations with the school administration, in acts and communications, in official letters and in public symbols, is allowed in the regulation of schools having Slovene as the teaching language.

Article 12

Dispositions for the province of Udine

1. In the kindergartens sited in the municipalities of the province of Udine specified in the table included in Article 4, the educative programmes shall be also comprised of contents related to the local traditions and culture, to be also developed in Slovene, and without any new or major charges for the state budgets.

2. In schools of obligatory instruction sited in the municipalities referred to in the first paragraph, the teaching of the Slovene language, history, and of the local cultural and linguistic traditions shall be included in the obligatory curricular schedules to be determined by schools themselves in the exercise of the organizing and didactic autonomy established in Article 21.8 and 21.9 of Law n. 59, of March 15, 1997. By the time of the pre-inscription, parents shall communicate the school institution whether they intend to provide their child with the instruction of the minority language.

3. Secondary schools in the province of Trieste, Gorizia and Udine, attended by students from the municipalities referred to in paragraph 1, shall be able to institute optional courses of Slovene even when the number of students is lower than that envisaged by the school regulation.

4. The Minister of public education, after consultation with the Commission referred to in Article 13.3, shall establish, through a decree regarding the curricular activity referred to in the second paragraph, the general and specific objectives of the learning process and the standards relative to the quality of the service, defining the requisites as regards the appointment of teachers.

5. Private kindergartens and elementary schools equipped with bilingual Slovene-Italian teaching, administered by the institute for the teaching of Slovene of San Pietro al Natisone in the province of Udine, are recognized as state schools.

6. The institution of state bilingual schools, or sections of them, with instruction in both Italian and Slovene languages, in the municipalities of the province of Udine specified in the table referred to in Article 4, is envisaged, after consultation with the Commission and in accordance with the operative modalities established in Article 11.2, and without any new or major charges for the state budgets.

Article 13

Organs for the school administration

1. In order to deal with affairs regarding the instruction in the Slovene language, a special office shall be instituted near the regional school office of Friuli-Venezia Giulia directed by a regional manager appointed by the Minister for public education among the board of directors those schools with education in Slovene. Such office shall proceed to manage the role of the schools' staff and the centers with Slovene as the teaching language.

2. The staff referred to in the first paragraph herein shall be required, to have a full knowledge of the Slovene language.

3. In order to fulfill the demands of the autonomy of the instruction in Slovene, the school regional Commission for the instruction in the Slovene language, headed by the regional manager referred to in paragraph, becomes established.

Article 14

Regional institute of educational research

1. Pursuant to Article 288 of the unique text of the legislative dispositions in force regarding instructional matters, relative to schools of every level and grade, approved by legislative decree n. 297, of April 16, 1994, a special section shall established within the regional institute of educational research for Friuli-Venezia Giulia with competences regarding school with Slovene as the teaching language.

Article 15

Musical instruction

1. Pursuant to a decree from the Minister of universities and scientific and technological research, in accordance with the Ministry of the treasure, budgets and economical programmes, the autonomous section with Slovene as the teaching language of the music conservatory "Giuseppe Tartin 1" of Trieste, shall be established three months after the enforcement of the present Law. The related organs of the teaching, administrative, technical and auxiliary staff and their respective specific roles shall also be established by the same decree; [...]

2. The modalities of functioning and matters related to the autonomous section referred to in paragraph 1, as well as the modalities of recruitment of teaching, administrative, technical and auxiliary staff, shall be established through regulation by the Ministry of universities, scientific and technological research. [...]

3. Teachers from the autonomous section referred to in paragraph 1 shall be foil members of the College of Teachers of the conservatory, articulated in two sections respectively devoted to the instruction in Italian and Slovene [...]

Article 16

Institutions and activities of the Slovene minority

1. The Friuli-Venezia Giulia region shall support the activities and cultural, artistic, sports, leisure, scientific, educational, informative and editorial initiatives promoted and developed by institutions and associations of the Slovene minority.

Article 17

Relations with the Republic of Slovenia

1. The government undertakes the necessary initiatives aimed to facilitate and favor the relationship between bordering population, the Slovene minority and the Republic of Slovenia, and guarantees the development of transfrontier and interregional cooperation, as well as in the field of European Union initiatives and programmes.

Article 18

Slovene stable theatre

1. In accordance with the related national legislation, the "Slovene stable theatre of Trieste-Slonensko stalno gledalisce" is recognized as a public body of theatre production, as well as in relation with the effects concerning the state taxes.

Article 19

Restitution of real estate

1. The house of culture "Narodni dom" of Trieste - quarter of San Giovanni, formed by the building and annexes, is transferred to the Friuli-Venezia Giulia region in order to be freely used for the activities of cultural and scientific institutions of Slovene Language. The building sited in Via Filzi 9, Trieste, previously known as "Narodni dom", and the building sited in Corso Verdi, previously known as "Trgovski dom", Gorizia, shall be the headquarters for cultural and scientific institutions of both Slovene (from the Narodna in studijska knjiznioa - Library of Studies of Trieste) and Italian Languages, in compatibility with the functions currently present in the same buildings, after agreement between the region and the University of Studies of Trieste regarding the building in Via Filzi, Trieste, and between the region and the Ministry of Finances regarding the building in Corso Verdi, Gorizia.

Article 20

Protection of the historical and artistic heritage

1. In accordance with the aims of the 9 Article of the Constitution, the Friuli-Venezia Giulia region, the provinces and the municipalities included in the table of Article 4, shall also adopt measures of protection regarding the specific characteristics of the place inhabited by Slovene population, either in relation with historical and artistic monuments, or with respect to the traditional habits and other ways of expression of the Slovene's population culture comprising projects of an intercultural character.

2. In accordance with the aims of the first paragraph, the concerned bodies shall promote the appropriate ways of consultation with the organizations and other associations representative of the Slovene minority.

Article 22

Trade union organizations and activities

1. Trade union organizations and similar ones developing their activities mainly in Slovene, due to its importance and diffusion within the territory referred to in Article 4, are given the rights recognized in the law on associations and organizations adhered to the trade union confederations with major representation in the national scope.

Article 23

Integration into Law n. 482, of December l5, 1999, of matters on penalizing protection of the linguistic minorities

1. At the end of Article 18 of Law n.482, of December 15, 1999, there should be added what follows:

"Art. 18-bis. - The provisions of Article 3 of Law n. 654, of October 13, 1975, and subsequent modifications, and decree n. 122, of April 26, 1993, which became, with modifications, the Law n. 205, of June 25, 1993, also apply to the means of protection and repression of intolerance and violence phenomena regarding the people belonging to linguistic minorities."

Article 25

Modifications in the territorial scope of the law's application

1 .The table referred to in Article 4 cam be modified through a decree from the President of the Republic, following a proposal from the Committee, and without any new or major charges for the state budgets.

2. Following a proposal from the Committee, the measures of protection of the present law apply, whenever possible, outside the territory referred to in Article 4, in favor of those belonging to the Slovene minority, when dealing with activities addressed to the conservation and promotion of their cultural, historical and linguistic identity, without any new or major charges for the state budgets.

3. Citizens referred to in the 2nd paragraph are accordingly guaranteed the exercise of the rights described in Article 8, Limited to the rapports with supra-regional bodies already functioning the modalities envisaged in Article 8.4.

Article 26

Dispositions in electoral matters

1. The electoral laws concerning the election of the Senate of the Republic and the Chamber of Deputies provide norms aimed to favor the access of representatives belonging to the Slovene minority.

Article 28

Final dispositions

1. According to what the present law establishes, the measures of protection adopted through the special Statute attached to the Memorandum of the London agreements of October 5, 1954, referred to in the treaty between the Italian Republic and the Socialist Federative Republic of Yugoslavia, with attachments, ratified alongside the agreement between both parties, with attachments to the final act and the exchange of notes, signed in Osimo (Ancona), November l0, 1975, pursuant to the Law n.73, of March l4, 1977, remain in force.

2. Any of the dispositions of the present law cannot be interpreted in order to guarantee an inferior level of protection for the Slovene minority than those enjoyed on the basis of preceding dispositions.

3. Any eventual disposition more favorable to those envisaged by the present law, deriving from national legislation concerning the protection of linguistic minorities, can be applied, after consultation with the Committee, in favor of the Slovene and the German-speaking minorities, without any new or major charges for the state budgets.

Article 29

Definition

1. With respect tot the present law, a section is understood as an autonomous center having specific individual features.

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