“The Package consisted of no less than 137 points:
Part I: Measures to
be adopted through modification of the existing Autonomy Statute.
1. Modification of Article 4,
paragraph 1, so as to insert after the words 'national interests' the words
'among which is included the protection of local linguistic minorities'.
Modification of
Articles 4, 5 and 11 so as to transfer to the Provinces of Trento and
2. (i) Mines, including mineral
and thermal waters, quarries and peat bogs.
3. (ii) Hunting and fishing.
4. (iii) Conservation of alpine
lands and parks for the protection of flora and fauna.
5. (iv) Roads, railways,
aqueducts and public works of provincial interest.
6. (v) Transport and
communication of provincial
interest ; obligation to
consult the Province in the case of powers of concession enjoyed by
other authorities over
transport services running through provincial territory.
7. (vi) Direct responsibility for public services.
8. (vii) Tourism and the hotel
industry (including alpine guides and ski schools).
9. (viii) Agriculture, forestry, forestry
personnel, animal -husbandry,, fisheries,
phytopathological stations, agricultural consortia
and experimental farms, hail protection services, land reclamation.
10. (ix) Preventive action and
first-aid for public disasters'.
11. (x) Artistic, cultural and
educational activities of a local nature, including those by means of radio and
television, but [excluding; the right to install new radio and television
stations.
12. (xi) Housing, subsidized
wholly or partially with public-financing including credits for housing in
disaster areas, and the activities that bodies of an extra-provincial
nature—such as G.E.S.C.A.L.[1]
carry on in the Province with public funds.
13. (xii)
Expropriations in the public interest in all matters falling within the
competence of the Province.
14. (xiii) Creation and administration of communal and provincial commissions for the
assistance and placement of workers in employment.
15. (xiv) Protection
and maintenance of the historical, artistic and popular heritage of
the Province; executive
measures to be adopted within
one year of the modification of the Statute indicating the historical and artistic property in the Province
considered to be of national interest and therefore excluded from the
competence of the Province; the Province to take over the related
administrative functions through provincial laws failing the adoption of these
executive measures.
16. (xv) Water projects of the Third, Fourth and
Fifth categories, and consultation of the Province necessary for projects of
the First and Second categories (competence
of the State),
In agreement between the State
and the Province, an annual plan to be prepaid co-ordinating the water projects
falling within their respective
competences.
17. (xvi) Public welfare and charity.
18. (i) Modification of the wording of Article 5,
section 1, to strike out the words '... and the Provinces.'
(ii) Modification
of the wording of Article 5, section 2 to ‘the regulation of public welfare and
charitable organisations,'
(iii) Add to Article
4 'regulation of health and hospital services’.
Modification of Articles 5
and 12
so as to grant the
Provinces secondary legislative power with respect to the following:
19. (i) Commerce.
20. (ii) Apprenticeship, employment cards, trade
categories and qualifications,
21. (iii) Vocational training.
22. (iv) Public security in relation to public
entertainment.
23. (v) Increase in industrial production. Of
the sums annually allocated in the National Budget for the encouragement of
industrial activities, the Ministry
of Industry to
grant the
24. (vi) Public water, with the exception of
major canals and waterways for
hydro-electric purposes. The use of
public water by the State and the Province within their respective competences
to be based upon an overall plan to be drawn up by agreement within a
commission composed of representatives of the State and the Province.
25. (vii) Creation and
administration of communal
and provincial employment
control commissions.
20. (viii) Hygiene and health, including health
and hospital assistance.
Modification of Article 8 of the
Statute so as to transfer to the Provinces:
27. (i) The
power to appoint, in
consultation with the Ministry of
Finance, the Presidents and Vice-Presidents of the Cassa dl Risparmio savings
bank.
28. (li) The power to authorise the opening or
the transfer of branches of local, provincial and regional credit banks after
consultation with the Ministry
of Finance. The
authorisation to open
and transfer in the
29. With respect to the granting of concessions
for major canals and waterways for hydro-electric purposes, the provisions of
Article 9 of the Statute to refer to the Provinces instead of the Region, in so
far as applicable.
The Ministry of Industry to base
its decisions in the light of the E.N.E.L. [2]
activities in the Province, in consultation with the provincial
administrations.
30. Modification of
Article 10 of
the Statute to
provide for the transfer to the Provinces of the services
and supplies of electrical energy, including, in so
far as applicable, the provision
of the third last paragraph, under which the Region, on the same conditions,
should have preference in major concessions within the E.N.E.L. system.
Modification of Articles II and
12 so as to grant the Provinces primary legislative power with respect to the
following:
31. (i) Nursery schools.
32. (ii) Educational assistance in those sectors
of teaching in which the Province has legislative power, Provincial Law of 5
January 1958, n.1 excepted.
33. The building of schools. In cases when the State
carries out special national
plans with its own funds, these funds to be used in agreement with the
Province.
34. Continuation courses (addestramento
professionale).
Modification of Article 15 to
provide as follows for the offices and services for schools:
35. (i) Appointment of a Superintendent of
Education by the Ministry of Public Instruction, in consultation with the
Provincial Junta of Bolzano, to administer Italian schools and supervise
German-language schools and those in the Ladin communes mentioned in Point 69.
36. (ii) Appointment by the Provincial Junta, in
consultation with the Ministry of Public Instruction, and the German-speaking representatives on
the Provincial Educational Council, of
a Schools Inspector for the
administration of the German-language nursery, elementary and secondary (media,
classica, sclentifica, magistrale, tecnica, professionale e artistica) schools.
37. (iii) Appointment by the
Ministry of Public Instruction, in consultation with the Ladin-speaking
representatives on the Provincial Educational Council, of an Inspector to
administer the nursery, elementary and secondary (media, classica,
sclentifica, magistrale, tecnica, professionale e artistica) schools in the
Ladin communes.
38. (iv)
Appointment by the Ministry of Public Instruction, in agreement with
the Province, of the Presidents and the Commissions for State examinations for
German-language schools.
39. (v) Obligatory consultation of
the 'Higher Council
of Public Instruction on
teaching programmes and examinations for schools in the
Province of Bolzano,
and on the
equipollence of final diplomas.
40. (vi) The
administrative staff of
the Board of
Education for German-language,
schools, as well as the German-speaking administrative staff of the
Secretariats for secondary schools and that Schools Inspectorate to come under
the authority of the
41. (vii) Without prejudice to the organic
dependence on the State of all teaching
staff, the Inspector for German-language school: and the Inspector for schools
in the Ladin communes to receive powers relating to the transfer, dismissal,
leave and disciplinary measures up to one month's suspension from grade and
salary of teaching staff in their respective nursery, elementary and secondary (media,
classica, sclentifica, magistrale, tecnica, professionale e artistica) schools.
Appeal against the
above-mentioned measures of the Schools Inspector to be made to the Minister of
Public Instruction, whose decision, in consultation with the Superintendent of
Education, shall be final.
42. (viii) Modification of Article 15, paragraph
4, as
follows:
The Italian, German and Ladin
linguistic groups are represented on the Provincial Educational Council and
Board of Teachers.
The teachers' representatives on the Provincial
Educational Council shall be elected by the staff of the
schools, and in proportion
to
the number of teachers in the respective linguistic groups.
In addition to its normal
institutional duties, the Educational Council must obligatorily be consulted on
the following matters:
43. (ix) Teaching of the second language in all
schools and grades by teachers whose mother tongue is that language.[3]
44. (x) Teaching of the second language to begin
in the Third grade of elementary school,
45. (xi) The declaration of the father or his
representative to suffice for
inscription in the
schools of the
various linguistic groups. Appeal against denial of inscription
to be made to the Court of Administrative Justice by the father or his
representative.
46. (xii) Executive measures in
the educational sector to
be issued within one year of the modification of the Statute, failing
which, the Province to have the right to take over the relevant administrative
functions through provincial laws.
47. (xiii) The possible creation of a University
in Trentino-Alto Adige to be
preceded by consultations between the Region
and the Provinces concerned.
48. Addition to Article 16, paragraph 2, and
Article 17 of the words 'or the local city and rural police.'
49. Modification of Article 19,
paragraph 2, so as to increase to 70 the number of Regional Councillors, to be
divided proportionally between the Provinces.
50. Modification of the last
paragraph of. Article 19 so as to require four years uninterrupted residence in
order to participate in regional and communal elections.
51. Modification of
Article 27 to
provide that dissolution
of the Regional Council does not
comprise dissolution of the Provincial Councils, but only their renewal with
the re-election of the former,
52. Modification of Article 48, section 5, to
read as follows:
Supervision and protection of
municipal administrations, public assistance and charity organisations,
consortia and other local organisations and undertakings, including the faculty
of suspending or dissolving their organs according to the law. If, in the
above-mentioned cases, the administrations are not able, for whatever reason,
to carry out their duties, the Provincial Junta shall have the right to appoint
Commissioners for that purpose who must, however, be chosen from the linguistic
group having i majority on the most representative organ of that body.
The special measures set out in
the preceding paragraph an reserved to the State when necessitated by reasons
of public order or when relating to communes with more than 20,000 inhabitants
53. Modification of Article 46
to allow the Presidents of the Provincial Juntas to participate in Cabinet
meetings when question: regarding the Province are under discussion.
54. Modification of Articles 57
and 58 to provide for the succession of the Province, as a result of its new
powers, to the public property of the State and the Region, excluding military
property and property belonging to services of a national character, as well as
public property relating to matters of Regional competence, to be laid down
within one year by executive measures.
55. Modification of Articles 59,
GO, 61, and 70 to abrogate the system of indirect financing of the Province by
the Region and to transfer to the Province revenue in relation to the new
provincial powers.
56. Modification of Article -65 to enable the
Provinces to increase taxes established by the Region and within the limits
laid down by Regional laws.
57. Modification of Article 69 so as to give the
Provinces secondary legislative power with respect to local finance.
58. Modification of Article 70 to provide for
contributions to communal budgets of funds required in connection with
bilingual ism
59. For the approval of the Regional budget, in
addition to the procedure laid down in Point 85, the system existing under
Article 7 of the Statute to continue in force, but with the Ministry of the
Interior replaced by a regional organ.
60. The wording of Chapter VII
of the Statute to be changed from 'The Government Commissioner for the Region'
to 'Relations between State, Region and Province.'
61. Modification of Article 76 to provide for
the appointment of two Government Commissioners, one at Trento, for the affairs
of the Region and the Province of Trento, the other at Bolzano, for the affairs
of that Province.
62. Modification of Article 83 so as to confer
on the Provinces the right to contest State laws and to bring conflicts of
powers arising out of administrative measures of the State before the
63. Modification of Article 84 in order to express the principle of equality (parificazione)
of the German language with the Italian, the official language of the
State. Italian to continue to be used
in documents of a legislative character and in the other cases laid down in the
Statute.
Modification of Article 85:
64. (i) To
include the offices
of the Judiciary
and public services among those offices of the public
administration obliged to correspond with German-speaking citizens in their
language.
65. (ii). To lay down the obligation for public
offices to reply in the language in which documents are sent from another
public office.
66. (iii) To replace the words 'may use' in the
first paragraph with 'have the option of using'.
67. (iv) To
replace the words 'German may be used'
in the second paragraph with 'either language may be used.'
68. (v) After the third paragraph, add a fourth
paragraph as follows:
With the exception of those
cases expressly laid down in executive measures for joint use of the two
languages in documents for public use and for documents for more than one
office, the separate use of one or the other of the two languages is
recognised, with the exception of the sole use of Italian In military
provisions.
69. Modification of Article 87,
paragraph 1, to provide for the teaching of Ladin in elementary schools and the
use of that language in local schools of all types and grades in which teaching
must be carried out on a basis of parity of hours between Italian and German.
Modification of Article 95 to
provide for:
70. (i) The composition of the Joint Commission
on executive measures for the Statute to be twelve members, six to be appointed
by the State, two by the Regional Council, and two each by the Provinces
of Trento and
71. (ii) The creation, within the above-mentioned Commission, of a
special commission of six members for the executive measures concerning those subjects falling
within the competence
of the Province of Bolzano; three members to represent the State and three the Province
(of the latter, one must be a representative of the Italian-speaking group).
72. Modification of Article 96 so as to change
the German name of the Region from 'Trentino-Tiroter Etschland' to
'Trentino-Süd-tirol'
Part II: Measures to be adopted
through new clauses in the Statute.
73. The Provinces to receive secondary
legislative power with respect to
restaurants, cafes and bars, without prejudice,
however, to: the conditions laid
down by
State laws for obtaining licences; State power to supervise the public
security aspects; the ability of the
Minister of the Interior to cancel the measures concerned, ex officio, according
to State law.
Appeals against the
above-mentioned measures to be settled within the framework of the provincial
autonomy.
74. The Provinces to receive tertiary
legislative power with respect to placement in employment. The members of the
communal employment agencies to be chosen and appointed by organs of the State
in consultation with the President of the Provincial Junta and the mayors
concerned.
Until the constitution of their
own offices, the Provinces to be able to use the branch offices of the Ministry
of Labour for the administration connected with the legislative powers on the
subject of employment.
75. Creation of the post of Vice-President of
the Regional Junta and appointment of two Vice-Presidents (one from the
minority linguistic group), leaving to the President of the Junta the choice
of Vice-president to replace him in his absence; adoption of a similar
arrangement for the Province of-
76. Transfer to the Provinces of receipts from
concessions regarding public water existing and flowing through their
territory.
77. Transfer of personnel and offices of the
Region to the Provinces through decree of the President of the Regional Junta,
in consultation with the Provincial Junta concerned.
78. (omitted).
;'
79. Recognition of the right of the Provinces to
their own 'standard and crest.
80. (omitted).
81. Obligatory delegation by the Region to the
Provinces of administrative functions in regard to fire services.
82. The principle of preference in employment
for residents of the
83. (i) The majority of the Councillors of an
ethnic group in the Regional Council or the Provincial
Council of Bolzano to be able to request that voting take place by linguistic groups
whenever a draft law is
considered detrimental to
the equality of rights between citizens of the various groups
and their ethnic and cultural characteristics.
84. (ii) The Councillors of the individual
linguistic groups to be able to contest before the Constitutional Court
Regional or Provincial laws
whenever the request
for separate voting
is rejected, or whenever the draft law is approved over
the contrary vote of two-thirds of the members of the linguistic group outvoted.
85. At the request by a majority of one
linguistic group, the individual chapters of the Budget of the
Those chapters not receiving a
majority within each linguistic group to be submitted within three days to a
Commission of four Provincial Councillors, elected by the Provincial Council at
the beginning of the legislative session and for" its duration, with
equality of membership between the two major linguistic groups arid in
conformity with the appointments of each group.
Within fifteen days, this
Commission (o decide the final form and content of the aforesaid chapters.
Decisions to be binding on the Council. They can be taken by a simple majority:
no Councillor to have a deciding vote.
If the Commission is unable to
reach a majority on a proposal, the President of the Provincial-Council to send
within seven days the disputed chapters, together with the text of the Budget
and ail the documents and minutes of the debates within the Council and the
joint Commission, to the Court of Administrative Justice, which must decide,
within thirty days, 'on the form and content of the chapters in question.
The decisions of the Joint
Commission and the Court of. Administrative Justice cannot be contested before
the
The law approving the Provincial
Budget may, however, be referred back or contested by the Government on grounds
o violation of the Constitution or the Statute.
86. The right to contest before the Court of
Administrative Justice that administrative acts of local organs of the public administrator considered as
offending the principle
of ethnic equality by Regional and Provincial
Councillors, and, in the case of municipal measures,, also by Municipal
Councillors of the Province o Bolzano, whenever the offence is acknowledged by
the majority of the group of Councillors that considers itself offended.
87. The right of a linguistic group to be
represented in the Municipal Junta when that group possesses at least two
Councillors in the Municipal Council.
88. The principle that funds used by the
89. Modification of the composition of the
Council of State to include a
Councillor from the
German-speaking group in
judgement relating to appeals decided in the first instance by the
90. The Bolzano section of the Regional Court of
Administrative Justice to be
composed on a
basis of parity
between State and Provincial appointees and parity between the two major ethnic groups, with the President chosen
from career magistrates.
91. The Ladins to have the right of
representation in the Regional Council the Provincial Council of Bolzano, and
in organs of local public bodies.
92. Proportional representation of
Ladins in public offices along the lines, in so
far as applicable, laid
down for German-speaking
personnel.
93. Recognition
of the right of the Ladins
to cultural, press
and recreational activities.
94. Application of ethnic proportions in the
individual administrations effectively represented in the
The creation, limited to the
above administration and for each career grade, 'of a special category for the
95. Guarantee of employment in the Province of
Bolzano for those in that special category,
with the exception of those
employed in. administrations or careers
for which transfers are
required by conditions of
employment or training.
Transfers of German-speaking
personnel to be limited, however, to 10% of the total posts occupied by them.
The principle of creating local
categories not to apply to careers in the administrative class in the Civil
Administration of the Ministry of the Interior, to the Police, and to the
administrative offices of the Ministry of Defence.
The Ministry of the Interior to
follow the political line by keeping in the
96. Extension of the criteria concerning the
reservation of a number of posts and guarantee of fixed employment in the
97. (omitted).
Part III : Measures to be adopted through executive
measures.
A. Modification of the D.P.R. of 3 January
I960, n. 103:
98. (i) To
provide that in
cases of flagrant violation interrogation by officials and police be in
the mother tongue of the detained.
99. (ii) To provide for the drawing up of documents sworn before a Notary
in German alone, but with the obligation to use both languages for those parts of the text liable to be copied or published.
100. (iii) To modify Articles 2 and 4 relating to
the use of German in court notifications, in the translation and drafting of
court proceedings and sentences; to modify Article 10 to clarify that language
safeguards be extended to tax offences; to modify the last paragraph to provide
that violation of the linguistic guarantee shall annul civil as well as penal
proceedings.
B. Adoption of new executive measures.
101. To provide, without prejudice to the
criterion of bilingualism for recruitment of new staff into public offices, for
promotion of a complete knowledge of both languages among staff employed in the
102. (omitted).
103. To provide that in court proceedings
statements taken down in German shall be translated into Italian at the end of
the session Executive measures shall indicate the cases in which such translation
is obligatory and those in which it may be omitted.
104. (omitted).
105. Reservation of posts for German-speaking
personnel in the, offices of the Province of Bolzano of I.N.P.S., I.N.A.I.L.,
E.N.P.A.S., and O.N.M.I.[4],
with application of the same principles provided for state employees in so far
as ethnic proportions and fixed employment are concerned.
Part IV: Measures to be adopted
through ordinary laws.
106. Modification of the Law of 21 April 1962,
n,161, to accelerate the examination of German-language films to be shown in
the Province of Bolzano,
and to ensure
participation of the
language concerned in a branch
of the Censor's office to be created
al Bolzano.
107. Fiscal facilities for the importation of the
above-mentioned films,
108. Division of the material held in the
State Archives of Bolzano between
the State and
the Province, the
latter to be
grantee custody of documents
of particular interest
to local history,.., (omitted).
109. Modification of the R.D.L. of 27 May 1929,
n.1285, so as to confer recognition of the right to information regarding
statistical data on subjects falling within the legislative and administrative
competence of the Region and the Province and the power to carry out, in
relation to these subjects and on the basis of measures agreed upon with the
Institute of Statistics, surveys, censuses and statistical research.
110. Modification of Article 12 of the Civil Code
so that the State grants the Presidents
of the Provincial
Juntas the
power to recognise bodies
operating within the Province.
111. Modification of Senate-constituencies so as
to permit the Italian and German linguistic groups in the Province of Bolzano
to be represented in proportion to the sizes of the said groups.
112. The Province to receive the power to draw up
the Provincial economic development plan, but respecting the principles and
aims of the national economic plan, and in agreement with the State
administrations' and regional organs. Possible industrial activity by public
bodies with state participation and by foreign capital to require
agreement between, the State and the Province.
113. Municipal secretaries
(clerks to the council) to come under the authority of the communes. A regional
law to lay down regulations concerning the legal status of this category,
taking into consideration the rights and position so far acquired by those
clerks now registered as permanent Civil Servants.
114. The Vice Government
Commissioner to be obliged to send the President of the Provincial Junta copies
of findings, and to inform him of administrative measures adopted with respect
to the registry of births, marriages and deaths. The President of the
Provincial Junta to have the right to obtain inspections of the registers and
participate in them, as well as to institute appeals to the competent
authorities. Apart from inspections, the other powers of the Vice Government
Commissioner in the subject to be exercised in agreement with the President of
the Provincial Junta. In case of inability to agree, the decision to lie with
the Minister of the Interior.
115. Recognition of dentists
diplomas obtained in
116. Creation of a shortened and
cost free procedure for the restoration of given (Christian) and family names
in the German form.
117. To have the Egna court of
the first instance attached to the 'district court of
118.(omitted).
119. Reparation through
indemnification for alpine huts formerly the property of the South Tyrolese
section of the Alpine Club.
120. Suspension and liquidation
of the Ente Nazionale per Ie Tre Venezie, within the Region
Trentino-Alto Adige, with division of its
property in consultation with the Provinces
concerned.
Part V: Measures to be adopted
through administrative provisions.
121. Authorisation of the
separate use of Italian and German on signs, displays, lists or communications
to the public,...(omitted).
122. Settlement of requests by ex-optants,
resident in the
123. Re-examination of those
requests for reacquiring Italian citizenship ex novo previously
rejected.
124. Recognition of the legal
personality of the German-speaking citizens War Victims Association.
125. In agreement with the
Federal German Government, the initiation of proceedings for the recovery and
indemnification, to those concerned of property and funds arising from the
liquidation of good; and transfer to the Reich of ex-optants.
126. (omitted).
127. (omitted).
128. Measures to have the Law of 2 April 1958,
n. 364, immediately applied,
extending to former members of the German armed forces the benefits granted
similar national categories.
129. Immediate legal recognition of the South
Tyrol Alpine Club, which, however, for military reasons, shall not be allowed
to construe alpine refuge huts in frontier areas.
Part VI: Measures to be the
object of examination by the Government,
130. The
study of some
arrangement to prevent the
percentage of military votes
in political elections
in the Upper
Adige, from exceeding the national average.
131. Legislation for final settlement of the
re-optants question.
132. Steps to settle the individual-family and
property problems arising in connection with the options and re-options.
133. The
possible recognition of
some technical qualifications and diplomas obtained by ex-optants in
Germany or Austria; possible resumption of contact with the Austrian Government
with a view to reciprocal recognition of
further qualifications and university diplomas, in conformity with the Paris
Agreement.
134. Possibility
of not proposing
legislation to revoke
the Italian citizenship of
citizens of the Provinces annexed by
135. The possibility of including offences
against the traditions, language and culture of the linguistic minorities to
the concept of 'vilification of the nation.'
136. (omitted).
Part VII: Internal guarantees.
137. The creation, by decree-of
the President of the Council of Ministers, of a permanent commission to study
the problems, of the
Article 1
A permanent commission for the
problems of the
Article 2
The task of the commission is to
examine problems relating particularly to the protection of the local
linguistic minorities and the further cultural, social and economic development
of the populations of the
The commission ... may formulate
proposals and express opinions.
The opinion of the commission is
not binding. .It is obligatory only in the case of possible .modifications to
the Autonomy Statute.
The minutes of the commission,
with the relevant positions taken and conclusions, are to be sent to the
Presidency of the Council of Ministers for possible action.
Article 3
The Chairman of the commission
shall be an Under-Secretary of State at the Presidency of the Council of
Ministers.
The commission is to be composed
of seven members, of whom four are to be German-speaking, two Italian-speaking
and one Ladin, chosen by the Bolzano Provincial Council after appointment
respectively by Councillors of the German and Italian linguistic group; the
Ladin member shall be chosen by the Council in consultation with the mayors of
the Ladin communes.
Officials from the various
Administrations concerned in the problems under discussion, and appointed by
the -Presidency of the Council of Ministers on a basis of one per
Administration, shall be invited to participate in the meetings of the
commission.
An official of the Presidency of
the Council of Ministers will act as secretary.
Article 4
Meetings of the commission shall
be called either by the Chairmen or at the request of the representatives of
any one of the linguistic group on the commission.”
Translation in English in:
Alcock Antony, The History of the South Tyrol Question,
Political Scinces Doctoral Studies Thesis, Graduate Institute of International
Studies, Genève, Micheal Joseph LTD,
[1] Gestione
Case per Lavoratori.
[2] Ente Nazionale per l'Energia Elettrica.
[3] Under Article
15, paragraph 5, of the existing Statute, this had been required
only with respect to the teaching of the Italian language in German-speaking
schools.
[4] These were four social security
organisations: Istituto Nazionale della Previdenza Sociale-, Istituto Nazionale
Assicurazioni contro gli Infortuni sul Lavoro; Ente Nazionale di Previdenza ed
Assistenza Dipendenti Statali; Opera Nazionale Maternità ed Infanzia.