On 6 December 2008, was reunited to Gaeta the City Council of the martyr Risorgimento Piedmont.
The Council unanimously of those present decided that they were returned to CITY requirements from state property ladyfingers and the possibility of a complaint to the heirs of the House of Savoy for damage to persons and property during the siege of 1860 - 61.
That council was very keen to the State dall'Assesore Cap.Antonio Cyan, noted historian South America and National Secretary of the Party of Sud.Prima a complaint if they were asked a technical opinion to one of the most talented lawyers in Naples, Avv. Troncone Pasquale, as well as counsel at the Supreme Prof.aggiunto of Criminal Law at the University Federico II of Napoli.Molta the considerable and valuable documentation the Councillor Ciano was recovered from the archives of the diocese '.
The Mayor of Gaeta Dr. Antonio Raimondi Avv.Troncone thank the distinguished and learned for the study done for free on the legal significance of the effects of the siege of 1860-1861, we propose and study that demonstrates the merits of the request on legal grounds risarcimento.Antonio CianoAssessore to the State of the City of GaetaSegretario National Party of South
P reambol oCapitolo I - Statement of facts subject to indagineCapitolo II - The legal status of riferimentoCapitolo III - The problems of discontinuity law and the foundation to pay deldiritto danniCapitolo IV - The legal acts of belligeranzadell'esercito piemonteseCapitolo V - The issues of retroactive application of the law punitivoCapitolo VI - The regulatory framework compatible with the historical facts in esameCapitolo VII - Possible remedial action to be taken
reambolo P §. - You will be asked by the Mayor of Gaeta (Lt), because the act of Resolution No. 100 of the City Council adopted December 6, 2008 and then of Resolution No. 12 adopted by the City Council on January 29, 2009, to express an opinion written pro-veritate on the possibility to request and obtain compensation for damages suffered by individuals and by the city during the siege led by the troops of Vittorio Emanuele II the old quarter of Gaeta during the period September 7, 1860 - February 14, 1861. §. - First and foremost I wish to express our sincere gratitude to you for my request of that person parere.Ritengo must at the same time state that the investigation that follows is not intended to serve as a basis for claims of dynastic rulers cease Homes nor is it intended to offer reflections on the possibilities and the reasons which led, through the heroic deeds of the Risorgimento, the territorial and political unification of the peninsula italiana.La formation of the unified state wanted to be and still is the natural culmination of a process of becoming history has done and our predecessors have encouraged men and whose present I claim paternity and support its genuine, strong ideals and motives, against the ever-present auspices disruptors (A. Scirocco, Bologna, 1993 and 1998). You tried, ultimately, to avoid judgments of value, appreciation of political, critical considerations, limiting the examination only to the profiles of the complex legal matter. §. - The ongoing legal investigation, therefore, involves the evaluation of the conduct of individuals, the adverse effects of any unlawful work and what their actions in a judicial or extra-judicial organizations can be promoted in order to satisfy, as well as the reasons of history , the fundamental rights of individuals who allegedly were violati.Al completion of the 150th anniversary of Italy and the 60th anniversary of the Universal Declaration of Human Rights "adopted by the UN General Assembly on 10 December 1948, in the interest of the community that claims the municipal violated, it requires, as appropriate, through appropriate legal and technical assessment tools, re-establish a dialogue of reconciliation of the parties, restoring the person has been declared extinct reasons of contrast and contrast (Semelin J., Torino, 2007). § . - Beyond motivations inspired the foundations of positive law and ethics, there are many other reasons the ideal character that require a thorough investigation of the facts occurred in the 1860-1861 period, reasons related to natural law, where respect for the sovereignty of a State-regulated directions whose characters are independence, leadership, originality-is intertwined with respect for the inalienable rights of the human person and, most importantly, the self-determination for all to see rehabilitated lived in their community of belonging to legitimize the ownership of its integrated presente.Resta significant in this respect the statement made by the representatives of the City of Gaeta you were feeling spokesman of their fellow citizens of 'era: ".. not credas, this city generally refuse and will abstain from presenting his reasons for otherwise mere pusillanimity;" (Memory of the City of Gaeta sent to Parliament in Turin in 1865). §. - Sources say the extensive documentary and archival material that is the point "fact" that is the basis of this opinion and that will be progressively later recalled, are the following: - The debates and deliberations Decurionate of Gaeta from June 20, 1858 February 24, 1863 - Memory of the City of Gaeta sent to Parliament in Turin in 1865 by Mayor Dominic Vella (publ. 1866). A time to be added the considerable number of monographs and anthologies on the subject work as well as the memoir, in addition to numerous legislative references expressed by the legal systems of the cease-and-Bourbon monarchy and the Savoy- Italian Republic, all references below will be provided on time, albeit with bibliographical-essential for a proper audit trail of legal and historiographical reconstruction is proposed. §. - It should be placed clearly in the introduction that the town of Gaeta, this initiative intends to reaffirm its commitment to the principles of the Republican Constitution of 1948 and in particular all the administrative action that would achieve, it could not be reported to the wording of Article. 54 of the Constitution, "All citizens have the duty to be loyal to the Republic and to uphold the Constitution and laws. The people entrusted with public office have a duty to perform them with discipline and honor ..". Also decided should be considered the criterion of prudence in general, governs the entire administrative action, but in particular for the case in point, the individual initiatives may have to sift the assessment of opportunities, in order to identify and cultivate more options respectful of the legitimate needs of the local community.
