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{{Infobox Person
{{Infobox Person
| name        = Giorgio Fidenato
| name        = Giorgio Fidenato
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| image      = Giorgio_Fidenato.jpg? |225px
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| birth_date  = {{birth date and age|mf=yes|1961|03|07}}
| birth_date  = {{birth date and age|mf=yes|1961|03|07}}

Revision as of 03:52, 24 February 2010

Giorgio Fidenato
File:Giorgio Fidenato.jpg?
Personal Details
Occupation: Farmer. Co-founder and Coordinator of the Movimento Libertario. Secretary of Futuragra. President of Italian Federated Farmers.

Giorgio Fidenato (born Mereto di Tomba (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 Italian Federated Farmers[4].

The role in the Movimento Libertario

Giorgio Fidenato with Leonardo Facco and Marcello Mazzilli have founded officially the Movimento Libertario as an Italian libertarian political subject in September 2007, in order 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.

The electoral campaign in Arba

Giorgio Fidenato is residing in the town of Arba in the Province of Pordenone.

Candidate for mayor of Arba in 2009 with its own civic list (Par il nostri pais), and supported by the Movimento Libertario at the local elections[5], he was an opposition municipal councilor after having attained 11% (96 votes) at the municipal election[6] till on June 2009, when he resigned for personal commitments [7].

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.[8][9][10]

The taxes, if the workers want to pay them, will have to paid by the worker directly.[11]

Fidenato believes the Constitution prevents anyone from being forced to work for free for the State, and to paying the taxes on behalf of others is a burden.

"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."[12]

Denouncing himself, at the Tax Office of the Italian Ministry of Economy and Finance and to the 'National Institute of Social Security', Fidenato began a legal battle [13] against the withholding tax with a mix of civil disobedience and Tax resistance.[14][15]

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.[16]

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

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.[17]

The Fidenato case has been reported in Italian newspapers including Corriere della Sera [18], Il Giornale and radio broadcasts of national importance including Radio24 [19] and Radio Radicale.[20]

Supported by the Movimento Libertario, he has received support by the Italian Radicals[21][22] of Marco Pannella and others associations in the battle over the withholding tax.[23]

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.[24]

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

The sentence will be pronounced by the court on 1 April 2010 in Pordenone[25], when the judge will decide if the appeal of Fidenato to raise the issue of constitutionality of the withholding tax has a legal basis, in order to bring the question before the Italian Constitutional Court.

The right to sow GM 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, to produce genetically modified crops like corn requires the authorization of the Italian Ministry of Agriculture.

To this question 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, 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.[26]

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.[27]

The ruling of the Italian Council of State forces a rethink of policies in the agricultural field[28].

The Fidenato-GMO ruling has been described in Italian newspapers including Corriere della Sera [29], Avvenire [30], and radio broadcasts of national importance like Radio Radicale.[31]

The first cultivation of GMO maize in Italy will be sown in mid-April 2010 in Vivaro (a town in Province of Pordenone) in Friuli[32], when the ruling of the Italian Council of State comes into effect [33].

Ebook

A farmer against the State (Bergamo: Leonardo Facco Editore, 2007)

References

  1. ↑ 1.0 1.1 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. Retrived on December 11, 2009.
  3. ↑ Less Contributions Plus Enterprise Law L’Opinione by Elisa Borghi. Retrived on March 12, 2008. Interview to Giorgio Fidenato.
  4. ↑ Confederation of Italian Agriculture Case: Giorgio Fidenato founds Italian Federated Farmers Messaggero Veneto page 2. Retrived on December 9, 2005.
  5. ↑ Municipal Elections in Arba. Lists and Candidates, Il Giornale del Friuli. Retrived on May 12, 2009
  6. ↑ Arba. Elvezio Toffolo Confirmed with 57% of the Votes, Messaggero di Pordenone in Messaggero Veneto by Laura Venerus, page 15. Retrived on June 9, 2009. Archived from www.provincia.pordenone.it 2009 election results in Friuli.
  7. ↑ Arba Fidenato gives way in the Council Messaggero Veneto, page 8. Retrived on June 19, 2009. Archived from http://www.repubblica.it/
  8. ↑ Pordenone, entrepreneur pays the gross wages Il Piccolo, page 7. Retrived on September 25, 2009. Archived from http://www.repubblica.it
  9. ↑ Fidenato continues the war on tax Messaggero veneto, page 3. Retrived on September 25, 2009.
  10. ↑ The man who does not want to work for free and pays the salaries gross payroll L'Opinione, by Stefano Magni. Retrived on November 21, 2009.
  11. ↑ Tax Revolt of an Entrepreneur: Gross Salary Paycheck, Il Giornale by Felice Manti. Retrived on June 3, 2009.
  12. ↑ "I do not work for free for the State We're like the serfs", Il Giornale. Retrived on June 3, 2009.
  13. ↑ Entrepreneurs like a 770, No Thanks Italia Oggi page 23. Retrived on November 19, 2009. Archived from Italian Ministry of Economy and Finance site
  14. ↑ Disobedient Tax Complaint the Inland Revenue for Evasion, Il Giornale by Felice Manti. Retrived on November 28, 2009.
  15. ↑ Anti-tax revolt, Fidenato has set a trend Messaggero Veneto, by Stefano Bolzot, page 3. Retrived on October 1, 2009. Archived from http://www.repubblica.it
  16. ↑ On the Kellems case, see Vivien Kellems, Toil, Taxes and Trouble (New York: E. P. Dutton, 1952)
  17. ↑ Murray Newton Rothbard, For a New Liberty. The Libertarian Manifesto., pag. 86, (New York: Macmillan Publishing Co., Inc., 1973). Archived from http://mises.org/
  18. ↑ Entrepreneurs of Pordenone, Corriere della Sera by Piero Ostellino. Retrived on September 9, 2009
  19. ↑ 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
  20. ↑ Radio registrations about Giorgio Fidenato on Radio Radicale broadcasts.
  21. ↑ Interview with Mario Staderini: "No Longer with the PD Unable to Fight", L'Opinione by Dimitri Buffa. Retrived on November 19, 2009. Archived from http://www.radicali.it/
  22. ↑ Fidenato process, Italian Radicals protests Messaggero Veneto, page 2. Retrived on November 19, 2009. Archived from http://www.repubblica.it/
  23. ↑ Fidenato, the battle with the Inland Revenue continues with the process and the sit-in Messaggero Veneto, by Elena Del Giudice, page 4. Retrived on November 12, 2009.
  24. ↑ Video on the speech of Giorgio Fidenato in Congress of Italian Radicals held in Chianciano Terme in November 2009.
  25. ↑ Fidenato, the process goes to the first April Messaggero Veneto, page 4. Retrived on January 29, 2010. Archived from http://www.repubblica.it
  26. ↑ Copy of ruling of the Italian Council of State on January 19, 2010 Archived from www.salmone.org.
  27. ↑ Futuragra: Judgment of the State Council says it is right that farmers to sow GMO corn, Comment to ruling by Futuragra. Retrived on January 29, 2010.
  28. ↑ Italian Confederation Agricolture, break the deadlock that for years governed GMO, AGI News. Comment to ruling by Italian Confederation Agricolture. Retrived on January 29, 2010.
  29. ↑ Start of the first field of genetically modified corn Corriere della Sera by Giuseppe Sarcina. Retrived on January 30, 2010
  30. ↑ GMO, after the sentence is still clash Avvenire, page 11 by Enrico Negrotti. Retrived on February 3, 2010. Archived from www.salmone.org
  31. ↑ 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.
  32. ↑ The first transgenic corn sown in Italian Friuli Venezia Giulia Il Piccolo by Martina Milia. Retrived on January 30, 2010
  33. ↑ GMO Futuragra, Countdown has begun for sowing Article of Asca an italian news agency about date of first sowing of GMO seeds in Italy. Retrived on February 2, 2010.

External links

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