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Giorgio Fidenato

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Giorgio Fidenato
Born (1961-03-07) March 7, 1961 (age 54)
Mereto di Tomba, Udine, Italy
Occupation Farmer. Co-founder and Coordinator of the Movimento Libertario. Secretary of Futuragra. President of Italian Federated Farmers.

Giorgio Fidenato (born Mereto di Tomba in Province of Udine, 7 March 1961)[1] is an Italian libertarian farmer, co-founder and coordinator of the Movimento Libertario[2] and secretary of Futuragra[3] a cultural association of Pordenone for technological innovation, business culture, defense of private property and free markets in agriculture.

He is also president of Agricoltori Federati - Italian Federated Farmers.[4]

Italian Federated Farmers

In December 2005 in San Quirino assembly of the Confederation of Italian Agricultures (CIA in Italian acronym) of Pordenone approve the split by the National Confederation of Agricultures proposed by President of local association Giorgio Fidenato.

The CIA became therefore Federated Farmers to emphasize its independence and its willingness to "treat the expectations of farmers, concrete expectations and not smoke or political system".

The Italian Agricultures Confederation of Pordenone now Federated Farmers includes about 600 members in western Friuli, it was "Commissioner" by the national president in August 2005, but the measure was immediately challenged by the provincial president Fidenato that contrary to claims of national leaders, had firmly maintained the self-organization of Pordenone, in fact so as to prevent the Commissioner.

The case has landed in the classroom with a first court ruling in favor of Giorgio Fidenato, the rejection of the injunction requested by the National president of CIA, and pending the proceedings, the CIA Pordenone was split: one part met in assembly and elected their leaders, while others is now called with the name of "Federated Farmers".[5]

Italian Federated Farmers has borrowed its name from New Zealand Federated Farmers, a farmers associations in New Zealand.

In a difficult economic situation of the agricultural sector occurred in 1985 similar to the present, before the dismantling of interventionism in agriculture wanted by the New Zealand government, Federated Farmers had the courage to support that government policy and say enough interventionism in agriculture because they realized that more incentive measures would produce surplus production that would have lowered the price of agricultural products below production costs.

Italian Federated Farmers believes that in order to defend the interests of its members, the necessary measures to be implemented immediately to immediately exit from this intolerable situation of economic crisis is to call a halt to government support in agriculture at European level in order to balance supply demand and because the agricultural policy is supported by the VAT paid by the taxpayers of member states, we consider it urgent to reduce the VAT rate to a level lower average current that coincides with the abandonment of public financing policy CAP.[6]

The right to sow GMO maize

In the second half of 2006, Giorgio Fidenato decided to sow transgenic seeds on his land.

Since cultivating transgenic products is possible by virtue of European legislation but was not yet implemented in Italy, in early 2007 the Italian Ministry of Agriculture said no, because there is no plan for coexistence between GMO and non-GMO crops for the region (Friuli).

Fidenato with Silvano Dalla Libera and their association Futuragra supported by the Movimento Libertario,[7] immediately went to the Regional Administrative Court, but the appeal was rejected in a preliminary ruling by the lack of citation of the subject most closely concerned in the proceedings in question, namely the region Friuli Venezia Giulia.

In 2008, the appeal to the Italian Council of State on 19 January 2010 ruled in favor of Fidenato.

According to the Italian Council of State, the fact that the region of Friuli had not prepared the plan for coexistence can not obstruct the right of Fidenato to sow his land with GMO, because GMO crops are allowed within the European market.[8]

Furthermore, the plan deals with the coexistence of the socioeconomic aspects (e.g. distance of the crops the adjoining land) and not issues related to environment and health.

With this ruling, then, the Italian Council of State gave notice to the Italian Ministry of Agriculture within 90 days to give permission to Fidenato to sow his land with GMO.[9]

On 19 January 2010 the ruling of the Italian Council of State forces a rethink of policies in the agricultural field.[10]

The Fidenato-GMO ruling has been described in Italian newspapers including Corriere della Sera,[11] Avvenire,[12] and radio broadcasts of national importance like Radio Radicale.[13]

In March 2010, the Italian minister of agriculture Zaia before resigning from his ministerial role to run in the Italian regional elections had signed a decree denying the cultivation of GMO maize.

On 29 April, Fidenato, Movimento Libertario and Futuragra they state in a public conference[14] that the ministerial decree does not incorporate any of the directions of Council of State and are keen to act through the courts.[15]

Despite strong oppositions of environmentalists and no-global movements, partially of Italian government[16][17] and some opposition political forces[18] the first cultivation of GMO maize in Italy has been sown before of 30 April 2010 (date initially established) in Vivaro (a town in Province of Pordenone) in Friuli,[19][20][21][22][23][24] when the ruling of the Italian Council of State comes into effect.[25][26][27]

The date of sown was anticipated on simbolic Italian date of April 25, 2010 (Liberation Day),[28][29][30][31] for avoid the direct protests of environmentalists and no-global group during the sowing.[32]

Despite the precautions to avoid violence, anyway Fidenato and Italian Federated Farmers were insulted and threatened in their headquarters by a group of environmentalists and anti-globalization protesters.[33][34][35][36][37][38]

Giorgio Fidenato in collaboration with Leonardo Facco, will make public photos and videos of the plant growth of GMO maize on the website of the Movimento Libertario.[39][40]

Following the incidents, Elisabetta Zamparutti Italian Radicals member of Italian Parliament in Environment Committee turned her solidarity to the Movimento Libertario, Federated Farmers and Giorgio Fidenato, claiming their action of nonviolent civil disobedience, arguing the need to open Italy to the cultivation of GMOs.[41][42]

Another message of solidarity to Giorgio Fidenato came from Italian Radical Domenico Letizia Secretary of the Luca Coscioni Association (for freedom of scientific research) of Caserta, in the message Letizia supports freedom research and choice of Italians farmers and consumers about GMO foods.[43]

On May 4, 2010, Italian Radicals parliamentaries Elisabetta Zamparutti, Marco Beltrandi, Rita Bernardini, Maria Antonietta Farina Coscioni, Matteo Mecacci e Maurizio Turco (Lista Emma Bonino in the Italian Democratic Party have deposited (and publishing the following day) a parliamentary question written to Italian Minister of the Interior, Roberto Maroni and to the new Italian Minister of Agriculture, Giancarlo Galan to know what they are going to do on possible new attacks in the future headquarters of Italian Federated Farmers and on the issue of GMOs.

In the Italian Radicals parliamentary questions there are refers threats to person and property that Giorgio Fidenato and Italian Federated Farmers received by environmentalists, anti-globalization and communist movements.[44][45]

Parliamentary questions mentions also that the Italian government still does not recognize to Giorgio Fidenato, the Italian Federated Farmers, the Movimento Libertario and Futuragra the right to sown GMO maize, as determined by decision of the Italian Council of State and European Community Directive.

The role in the Movimento Libertario

Giorgio Fidenato with Leonardo Facco and Marcello Mazzilli have founded officially the Movimento Libertario[1] as an Italian libertarian anarcho-capitalist political subject in September 2007, to defend life, liberty and property of each individual within a strong liberist system of free market, against any kind of aggression and/or coercion.[1]

Actually he is a coordinator of the Association.

Against the withholding tax

In January 2009, Fidenato began paying his six employees the entire gross sum of their wage without paying taxes and contributions on their behalf.[46][47][48]

The taxes, if the workers want to pay them, will have to paid by the worker directly.[49]

Fidenato believe that the Italian Constitution in the articles 23[50] prevents anyone from being forced to work for free for the State, and to paying the taxes on behalf of others is a burden:

No obligation of a personal or financiai nature may be imposed on any person except by law. - article 23 in Constitution of Italian Republic

"We believe that to not work for free for the state is a "natural" right, that no sovereign and no absolute majority in parliament can deny us" said Fidenato.[51]

Denouncing himself, at the Tax Office of the Italian Ministry of Economy and Finance and to the National Institute of Social Security (INPS), Fidenato began a legal battle[52][53] against the withholding tax with a mix of civil disobedience and Tax resistance.[26][54][55]

His case is very similar to the American case of Vivien Kellems of 1948, that she has described herself in her book Toil, Taxes and Trouble.[56]

The Kellems case is presented also by Murray Newton Rothbard in his book For a New Liberty:[57]

The withholding feature of the income tax is a still more clear-cut instance of involuntary servitude. For as the intrepid Connecticut industrialist Vivien Kellems argued years ago, the employer is forced to expend time, labor, and money in the business of deducting and transmitting his employees' taxes to the federal and state governments — yet the employer is not recompensed for this expenditure. What moral principle justifies the government's forcing employers to act as its unpaid tax collectors? The withholding principle, of course, is the linchpin of the whole federal income tax system. Without the steady and relatively painless process of deducting the tax from the worker's paycheck, the government could never hope to raise the high levels of tax from the workers in one lump sum. Few people remember that the withholding system was only instituted during World War II and was supposed to be a wartime expedient. Like so many other features of State despotism, however, the wartime emergency measure soon became a hallowed part of the American system. It is perhaps significant that the federal government, challenged by Vivien Kellems to test the constitutionality of the withholding system, failed to take up the challenge. In February 1948 Miss Kellems, a small manufacturer in Westport, Connecticut, announced that she was defying the withholding law and was refusing to deduct the tax from her employees. She demanded that the federal government indict her, so that the courts would be able to rule on the constitutionality of the withholding system. The government refused to do so, but instead seized the amount due from her bank account. Miss Kellems then sued in federal court for the government to return her funds. When the suit finally came to trial in February 1951, the jury ordered the government to refund her money. But the test of constitutionality never came. - Murray Newton Rothbard in For a New Liberty

The Fidenato case has been reported in Italian newspapers[58] including Corriere della Sera,[59] Il Giornale and radio broadcasts of national importance including Radio 24[60] and Radio Radicale.[61]

Supported by the Movimento Libertario and applauded by the former Italian Minister of Defense, the economist and liberist politician, Antonio Martino,[62] he has received support also by the Italian Radicals[63][64] of Marco Pannella and others association in the battle over the withholding tax.[65][66]

Fidenato, as representative of the Movimento Libertario, was invited to discuss his case at the national conference of the Italian Radicals in Chianciano Terme (in Province of Siena) in November 2009.[67]

A first interim hearing on withholding tax was held in Pordenone on November 19, 2009.[68]

On 28 January 2010, the second and decisive hearing was held in the Labor Court of Pordenone.[69]

On 6 March 2010, Giorgio Fidenato was invited together the Movimento Libertario to discuss about withholding tax at the presentation in Rome of Confcontribuenti (Confederation of Italian taxpayers).[70][71][72]

In this context, he received supports from Confcontribuenti members for the day of the verdict of the court.[73][74]

On 1 April 2010,[75] the Movimento Libertario organized in Pordenone a peaceful sit-in with others associations and organizations that supports Giorgio Fidenato's battle.

Leonardo Facco (Managing Director of the Movimento Libertario) have organized a rally and distributed free copies of the book Civil Disobedience by Henry David Thoreau, pending output of Fidenato from the halls of the court with details of the judgment.[76]

The judgment pronounced by the court defined as "irrilevant" the issue of unconstitutionality over the withholding tax presented by Giorgio Fidenato.[77]

Officially the judge did not to decided yet about the legal basis of withholding tax, the reason of the judgment will be pronounced on February 3, 2011.

For the moment the judge declined to exercise an effective assessment on the appeal by Fidenato;[78] actually he do not to recognize to Fidenato the right to appeal to the Italian Constitutional Court to defend the issue of unconstitutionality of the withholding tax (a right recognized by the Constitution and Italian law).

The intentions of Giorgio Fidenato with his lawyer is to continue the legal battle in the future with the tax resistance and the civil disobedience until the judiciary and the government authorities will do not to recognize the individual rights enshrined in the Italian Constitution.

The Movimento Libertario in waiting of the judgement on Giorgio Fidenato, wants to promote other similars cases like the Giorgio Fidenato case for continue the legal battle against the withholding tax.[79]

In view of the second Italian Tea Party in Rome on June 26, 2010, the Italian movement association of Tea Party Italia has provided the distribution of forms necessary to ask your employer to receive the gross salary in the pay packet: an act of resistance against the withholding tax considered a tax scam.

With the public distribution of the modules, the Tea Party of Rome wants to support the struggle of Giorgio Fidenato and the Movimento Libertario for the abolition of withholding tax.[80]

Ebook

Un agricoltore contro lo Stato (Bergamo: Leonardo Facco Editore, 2007)

References

  1. ^ a b Leonardo Facco, Giorgio Fidenato, Marcello Mazzilli "Statute of the Movimento Libertario", Treviglio, September 2007
  2. ^ Movimento Libertario Factsheet on Giorgio Fidenato and the question of withholding tax. Retrieved on December 11, 2009.
  3. ^ Less Contributions Plus Enterprise Law L’Opinione by Elisa Borghi. Retrieved on March 12, 2008. Interview to Giorgio Fidenato.
  4. ^ "Agriclotori Federati official website". Agricoltori Federati. Retrieved 14 June 2010. 
  5. ^ Confederation of Italian Agriculture Case: Giorgio Fidenato founds Italian Federated Farmers Messaggero Veneto page 2. Retrieved on December 9, 2005.
  6. ^ Federated Farmers: No more subsidies!!!!!! Retrieved on Press release Italian Federated Farmes for press conference of Confagricoltura, CIA, Legacoop, Confcooperative held in Udine November 23, 2009. Archived from http://www.movimentolibertario.it
  7. ^ Let us also cultivate GMOs I fogli di Enclave n°3, page 3 by Luigia Possenti. Retrieved on July 2008. Archived from http://www.movimentolibertario.it
  8. ^ Copy of ruling of the Italian Council of State on January 19, 2010 Archived from www.salmone.org.
  9. ^ Futuragra: Judgment of the State Council says it is right that farmers to sow GMO corn, Comment to ruling by Futuragra. Retrieved on January 29, 2010.
  10. ^ Italian Confederation Agriculture, break the deadlock that for years governed GMO, AGI News. Comment to ruling by Italian Confederation Agriculture. Retrieved on January 29, 2010.
  11. ^ Start of the first field of genetically modified corn Corriere della Sera by Giuseppe Sarcina. Retrieved on January 30, 2010
  12. ^ GMO, after the sentence is still clash Avvenire, page 11 by Enrico Negrotti. Retrieved on February 3, 2010. Archived from www.salmone.org
  13. ^ GMO Futuragra announces first cultivation of Bt maize, after winning the State Council. Dalla Libera: to show to all schools on genetically modified corn will see how truly Interviews to Silvano Dalla Libera, vice president of Futuragra, Gilberto Corbellini, president of Sagra (Health, Agriculture, Research), Roberto Defez, biotechnology, researcher at the CNR in Naples (CNR), Francesco Sala, Professor of General Botany and Plant Biotechnology at the University of Milan, Gabriele Pirocchi Lawyer. Registration February 2, 2010 at the conference Futuragra in Milan. Archived on Radio Radicale broadcast.
  14. ^ Video of public conference in Pordenone by Giorgio Fidenato and Leonardo Facco as Movimento Libertario and Italian Federated Farmers representatives, about the decision to sow GMO maize Retrieved on April 29, 2010.
  15. ^ GMO, Futuragra ready appeal against decree Libero. Retrieved on April 27, 2010.
  16. ^ Galan open on GMO but forbids the sowing. The rebels of Vivaro: He had 48 hours to convince us Il Piccolo. Retrieved on April 29, 2010.
  17. ^ GMO, Galan minister asks to stop "planting protest" Reuters. Retrieved on April 28, 2010.
  18. ^ Ferrante (Pd), Maroni intervene on announced planting corn in Friuli Retrieved on April 27, 2010.
  19. ^ The first transgenic corn sown in Italian Friuli Venezia Giulia Il Piccolo by Martina Milia. Retrieved on January 30, 2010
  20. ^ First planting of GMO corn in Italy by Giorgio Fidenato and Leonardo Facco Retrieved on April 26, 2010. Press release by Movimento Libertario and Italian Federated Farmers
  21. ^ Ansa on sowing corn by Federated Farmers and Movimento Libertario Article of Ansa an italian news agency about date of first sowing of GMO seeds in Italy. Retrieved on April 26, 2010. Archived from http://www.movimentolibertario.it
  22. ^ GMOs corn and Movimento Libertario on Il Gazzettino Il Gazzettino Retrieved on April 26, 2010. Archived from http://www.movimentolibertario.it
  23. ^ GMO on Friday the first sowing in Pordenone that challenge decree Zaia Il Velino, by Federica Rogai. Retrieved on April 27, 2010.
  24. ^ Agriculture: A Pordenone the first field of genetically modified corn Ansa news agency. Retrieved on April 27, 2010. Archived from http://newsfood.com
  25. ^ GMO Futuragra, Countdown has begun for sowing Article of Asca an italian news agency about date of first sowing of GMO seeds in Italy. Retrieved on February 2, 2010.
  26. ^ a b Eulogy for Fidenato I fogli di Enclave n°11, page 1, Retrieved on February 2010. Archived from http://www.movimentolibertario.it/ Editorial article about Giorgio Fidenato and his libertarian battles.
  27. ^ March of the corn, repartee between the minister of agriculture Galan and the Movimento Libertario Retrieved on April 28, 2010.
  28. ^ Pro-biotech farmers sow GMO maize, challenge Decree Retrieved on April 30, 2010.
  29. ^ In Friuli the first sowing of GM maize by Viviana Cimino. Retrieved on May 1, 2010.
  30. ^ W Freedom: first sowing of genetically modified corn! Retrieved on 30 April 2010. Video of first GMO sown in Italy by Movimento Libertario and Italian Federated Farmers.
  31. ^ Sowing of genetically modified corn in a public land Libero. Retrieved on April 30, 2010.
  32. ^ GMO: first demonstration against sowing announced in the province of Pordenone Adnkronos. Retrieved on April 30, 2010.
  33. ^ GMO, the sowing of "disobedient" Corriere della Sera, page 32, by Giuseppe Sarcina. Retrieved on May 1, 2010.
  34. ^ Video about violent protests by environmentalists and no-global movements against Italian Federated Farmers
  35. ^ GMO: FVG, opponents bursts within Federated Farmers Agi News Retrieved on April 30, 2010.
  36. ^ GMO maize, war breaks out of the seed Il Giornale, by Fausto Biloslavo. Retrieved on May 1, 2010.
  37. ^ TG5 tv service on Fidenato and the Movimento Libertario first sowing GMO in Italy Retrieved on May 1, 2010. In the tv service the violent protests by environmentalists and no-global movements against Italian Federated Farmers.
  38. ^ Pro-biotech farmers defy the decree by Stefano Bernardi. Retrieved on May 1, 2010.
  39. ^ Born the first six planting of transgenic corn Messaggero Veneto, by Martina Milia. Retrieved on May 6, 2010.
  40. ^ Press release: Day 21, six plants grow! Retrieved on May 18, 2010.
  41. ^ GMO, Zamparutti: The act of civil disobedience on GMO research and helps agriculture Retrieved on April 30, 2010.
  42. ^ March of the corn: Radical support by Zamparutti MIP! Retrieved on May 1, 2010.
  43. ^ Domenico Letizia with Fidenato for freedom to farming Retrieved on May 2, 2010.
  44. ^ Assembly Reports Annex B Seat N°316, May 4, 2010. Italian parliamentary question of the Italian Radicals to the Italian minister of the Interior and to his colleague to the Italian Agriculture. Archived from http://www.camera.it
  45. ^ GMO sowing, assault to Fidenato: question italian parliamentary member Zamparutti and colleagues! Retrieved on May 5, 2010.
  46. ^ Pordenone, entrepreneur pays the gross wages Il Piccolo, page 7. Retrieved on September 25, 2009. Archived from http://www.repubblica.it
  47. ^ Fidenato continues the war on tax Messaggero veneto, page 3. Retrieved on September 25, 2009.
  48. ^ The man who does not want to work for free and pays the salaries gross payroll L'Opinione, by Stefano Magni. Retrieved on November 21, 2009.
  49. ^ Tax Revolt of an Entrepreneur: Gross Salary Paycheck, Il Giornale by Felice Manti. Retrieved on June 3, 2009.
  50. ^ Constitution of Italian Republic Archived from http://www.senato.it
  51. ^ "I do not work for free for the State We're like the serfs", Il Giornale. Retrieved on June 3, 2009.
  52. ^ Entrepreneurs like a 770, No Thanks Italia Oggi page 23. Retrieved on November 19, 2009. Archived from Italian Ministry of Economy and Finance site
  53. ^ Giorgio Fidenato vs. the INPS by Lodovico Pizzati. Retrieved on November 24, 2009.
  54. ^ Disobedient Tax Complaint the Inland Revenue for Evasion, Il Giornale by Felice Manti. Retrieved on November 28, 2009.
  55. ^ Anti-tax revolt, Fidenato has set a trend Messaggero Veneto, by Stefano Bolzot, page 3. Retrieved on October 1, 2009. Archived from http://www.repubblica.it
  56. ^ On the Kellems case, see Vivien Kellems, Toil, Taxes and Trouble (New York: E. P. Dutton, 1952)
  57. ^ Murray Newton Rothbard, For a New Liberty. The Libertarian Manifesto., pag. 86, (New York: Macmillan Publishing Co., Inc., 1973). Archived from http://mises.org/
  58. ^ Against the withholding tax I Fogli di Enclave n°9 page 1-2, by Arturo Doilo. Retrieved on September 2009. Archived from http://www.movimentolibertario.it
  59. ^ Entrepreneurs of Pordenone, Corriere della Sera by Piero Ostellino. Retrieved on September 9, 2009
  60. ^ Registration interview with Giorgio Fidenato by Oscar Giannino in radio broadcast Nine o'clock the version of Oscar on Radio24. Radio registration of June 4, 2009
  61. ^ Radio registrations about Giorgio Fidenato on Radio Radicale broadcasts.
  62. ^ A battle of civilizations by Antonio Martino.
  63. ^ Interview with Mario Staderini: "No Longer with the PD Unable to Fight", L'Opinione by Dimitri Buffa. Retrieved on November 19, 2009. Archived from http://www.radicali.it/
  64. ^ Fidenato process, Italian Radicals protests Messaggero Veneto, page 2. Retrieved on November 19, 2009. Archived from http://www.repubblica.it/
  65. ^ Fidenato, the battle with the Inland Revenue continues with the process and the sit-in Messaggero Veneto, by Elena Del Giudice, page 4. Retrieved on November 12, 2009.
  66. ^ The Battle of Fidenato, the arrogance of the advocate by Piercamillo Falasca. Retrieved on November 16, 2009.
  67. ^ Video on the speech of Giorgio Fidenato in Congress of Italian Radicals held in Chianciano Terme in November 2009.
  68. ^ All with Fidenato I fogli di Enclave n°10, page 2. Retrieved on September 2009. Archived from http://www.movimentolibertario.it
  69. ^ The court refers in January, Fidenato initiative continues on withholding tax by Piercamillo Falasca. Retrieved on November 19, 2009.
  70. ^ Presentation of ConfContribuenti Retrieved on February 2, 2010.
  71. ^ Press Release: Roma March 6, 2010. Presentation of ConfContribuenti Retrieved on February 22, 2010.
  72. ^ Rome, 6 March, 15.00 Program Program of Confcontribuenti conference. Retrieved on February 17, 2010.
  73. ^ Withholding tax Retrieved on February 3, 2010.
  74. ^ 1 April: ruling on withholding tax Retrieved on Febrtuary 3, 2010.
  75. ^ Fidenato, the process goes to the first April Messaggero Veneto, page 4. Retrieved on January 29, 2010. Archived from http://www.repubblica.it
  76. ^ Withholding-tax: Here's the event in Pordenone! by Marcello Mazzilli. Retrieved on March 18, 2010.
  77. ^ Fidenato process: not relevant and / or unfounded objections of unconstitutionality to RD 1935. The reasons hearing on February 3, 2011 Registration April 1, 2010 Interviews by Emiliano Silvestri to Giorgio Fidenato, Gustavo Elnekave and Leonardo Facco after the sentence of judge of Pordenone. Archived on Radio Radicale broadcast.
  78. ^ Fidenato for now not there done yet but he has-reason by Carlo Lottieri. Retrieved on April 1, 2010
  79. ^ Withholding Tax, in exclusive the next step of contention by Leonardo Facco. Retrieved on April 4, 2010.
  80. ^ Tea Party Rome: distribution of forms to ask the employer to pay gross payroll by Tea Party Rome. Retrieved on June 6, 2010.

External links