Corpus separatum (Fiume)
Encyclopedia
The Corpus separatum of Fiume was the name of the legal and political status of the city of Fiume (modern Rijeka), instituted by Empress Maria Theresa in 1776, determining the semi-autonomous status of Fiume within the Habsburg Empire until the fall of the Austro-Hungarian Empire in 1918 - the longest-lasting known case of an actually implemented corpus separatum.
, with her sovereign decision of 2 October 1776, gave up possession of Fiume, which was a hereditary fief of the Habsburgs within the Holy Roman Empire
, and gave it to the Kingdom of Hungary, of which she was also Queen, with a view of fostering trade. Since Hungary proper was some 500 km away, the city was annexed to Croatia
, whose territory began at the city walls. Croatia, as a kingdom, was united with Hungary and with it formed the “Lands of the Holy Crown of St Stephen”. Two and a half years later, Maria Theresa, as Queen of Hungary, by a royal rescript dated 23 April 1779, annexed the city of Fiume directly to Hungary as a corpus separatum (that is, not as a part of Croatia, which was in a personal union
with Hungary). Since Fiume had to serve a similar function for Hungary as Trieste
did for the Habsburg lands, the Hungarian estates (and probably the Queen) wanted to grant the City a similar degree of institutional autonomy to that already enjoyed by Trieste.
According to Maria Theresa's rescript of 1779, Fiume was created a corpus separatum - that is, a political body with greater autonomy than a Free imperial city
or a Hungarian county
, and a territory comparable to the other partes adnexae constituting the Crown of St Stephen. The city's position was thus comparable to those of the regna: as Trieste was considered to be a crown land of the imperial hereditary lands (Erblande), so Fiume was considered to be a parte adnexa to the crown.
During the Napoleonic Wars
, the city was briefly part of the Illyrian Provinces
.
After 1848, the city was included in Croatia as a seat of a comitatus.
and therefore not falling within the domain of Croatian autonomy within the kingdom, but within the domain of the joint Hungarian parliament and government. Understandably, each parliament signed its respective treaty, but when the two versions went to Emperor Franz Joseph for signing, a piece of paper (the Kriptic) containing a Croatian translation of the Hungarian claim to Fiume had been pasted over the Croatian version. The settlement was defined as provisory. For a definitive settlement, an agreement from Hungary, Croatia and Fiume was necessary and was never achieved up to the dissolution of the Dual Monarchy in October 1918.
, also called the Italian Regency of Carnaro
), saw the creation of an ephemeral successor entity in the Free State of Fiume
.
The Free State existed de facto only for a few months before it was militarily occupied and eventually annexed to the Kingdom of Italy, annexation that marked the end of the historic Fiuman autonomy.
Origins
Maria Theresa of AustriaMaria Theresa of Austria
Maria Theresa Walburga Amalia Christina was the only female ruler of the Habsburg dominions and the last of the House of Habsburg. She was the sovereign of Austria, Hungary, Croatia, Bohemia, Mantua, Milan, Lodomeria and Galicia, the Austrian Netherlands and Parma...
, with her sovereign decision of 2 October 1776, gave up possession of Fiume, which was a hereditary fief of the Habsburgs within the Holy Roman Empire
Holy Roman Empire
The Holy Roman Empire was a realm that existed from 962 to 1806 in Central Europe.It was ruled by the Holy Roman Emperor. Its character changed during the Middle Ages and the Early Modern period, when the power of the emperor gradually weakened in favour of the princes...
, and gave it to the Kingdom of Hungary, of which she was also Queen, with a view of fostering trade. Since Hungary proper was some 500 km away, the city was annexed to Croatia
Croatia
Croatia , officially the Republic of Croatia , is a unitary democratic parliamentary republic in Europe at the crossroads of the Mitteleuropa, the Balkans, and the Mediterranean. Its capital and largest city is Zagreb. The country is divided into 20 counties and the city of Zagreb. Croatia covers ...
, whose territory began at the city walls. Croatia, as a kingdom, was united with Hungary and with it formed the “Lands of the Holy Crown of St Stephen”. Two and a half years later, Maria Theresa, as Queen of Hungary, by a royal rescript dated 23 April 1779, annexed the city of Fiume directly to Hungary as a corpus separatum (that is, not as a part of Croatia, which was in a personal union
Personal union
A personal union is the combination by which two or more different states have the same monarch while their boundaries, their laws and their interests remain distinct. It should not be confused with a federation which is internationally considered a single state...
with Hungary). Since Fiume had to serve a similar function for Hungary as Trieste
Trieste
Trieste is a city and seaport in northeastern Italy. It is situated towards the end of a narrow strip of land lying between the Adriatic Sea and Italy's border with Slovenia, which lies almost immediately south and east of the city...
did for the Habsburg lands, the Hungarian estates (and probably the Queen) wanted to grant the City a similar degree of institutional autonomy to that already enjoyed by Trieste.
According to Maria Theresa's rescript of 1779, Fiume was created a corpus separatum - that is, a political body with greater autonomy than a Free imperial city
Free Imperial City
In the Holy Roman Empire, a free imperial city was a city formally ruled by the emperor only — as opposed to the majority of cities in the Empire, which were governed by one of the many princes of the Empire, such as dukes or prince-bishops...
or a Hungarian county
Comitatus (Kingdom of Hungary)
A county is the name of a type of administrative units in the Kingdom of Hungary and in Hungary from the 10th century until the present day....
, and a territory comparable to the other partes adnexae constituting the Crown of St Stephen. The city's position was thus comparable to those of the regna: as Trieste was considered to be a crown land of the imperial hereditary lands (Erblande), so Fiume was considered to be a parte adnexa to the crown.
History
After the royal rescript of 23 April 1779, the stage was set for all the political confrontations that were to happen in Fiume for more than a century and a half. In a sense, it can be said that all history that followed was a long footnote on how to interpret the two acts of 1776 and 1779. The act presented a precedent for the Hungarian constitutional praxis, since it was the first time that a part of the Holy Roman Empire (and a hereditary fief of the Habsburgs) was given to the Hungarian-Croatian kingdom. Therefore, since the Croatian and Hungarian estates had widely diverging interests with respect to Fiume, they produced very different interpretations of the rescript. The Croatians refused to accept the Hungarian reading of the document - they denied that the City could have been excluded from the surrounding territory, that was already framed into a comitatus.During the Napoleonic Wars
Napoleonic Wars
The Napoleonic Wars were a series of wars declared against Napoleon's French Empire by opposing coalitions that ran from 1803 to 1815. As a continuation of the wars sparked by the French Revolution of 1789, they revolutionised European armies and played out on an unprecedented scale, mainly due to...
, the city was briefly part of the Illyrian Provinces
Illyrian provinces
The Illyrian Provinces was an autonomous province of the Napoleonic French Empire on the north and east coasts of the Adriatic Sea between 1809 and 1816. Its capital was established at Laybach...
.
After 1848, the city was included in Croatia as a seat of a comitatus.
Croatian–Hungarian Agreement
In 1868, following the Compromise of 1867 which created Austria–Hungary, Croatia was allowed to negotiate its own settlement with Hungary. The final Croatian–Hungarian Settlement left the possession of Fiume unsettled, pending future negotiations according to article 66, as it appeared in the Croatian version, while in the Hungarian version Fiume was declared a Corpus separatum directly connected to the Lands of the Crown of Saint StephenLands of the Crown of Saint Stephen
The historical term Lands of the Crown of Saint Stephen was used to denote a group of territories connected to the Kingdom of Hungary within Austria-Hungary...
and therefore not falling within the domain of Croatian autonomy within the kingdom, but within the domain of the joint Hungarian parliament and government. Understandably, each parliament signed its respective treaty, but when the two versions went to Emperor Franz Joseph for signing, a piece of paper (the Kriptic) containing a Croatian translation of the Hungarian claim to Fiume had been pasted over the Croatian version. The settlement was defined as provisory. For a definitive settlement, an agreement from Hungary, Croatia and Fiume was necessary and was never achieved up to the dissolution of the Dual Monarchy in October 1918.
After 1918
The territory of Fiume after the end of the First World War was involved in a series of events that, after various military occupations (the longest lasting was the one led by Gabriele d'AnnunzioGabriele D'Annunzio
Gabriele D'Annunzio or d'Annunzio was an Italian poet, journalist, novelist, and dramatist...
, also called the Italian Regency of Carnaro
Italian Regency of Carnaro
The Italian Regency of Carnaro was a self-proclaimed state in the city of Fiume led by Gabriele d'Annunzio between 1919 and 1920.-Impresa di Fiume:...
), saw the creation of an ephemeral successor entity in the Free State of Fiume
Free State of Fiume
The Free State of Fiume was an independent free state which existed between 1920 and 1924. Its territory of comprised the city of Fiume and rural areas to its north, with a corridor to its west connecting it to Italy.-History:Fiume gained autonomy for the first time in 1719 when it was proclaimed...
.
The Free State existed de facto only for a few months before it was militarily occupied and eventually annexed to the Kingdom of Italy, annexation that marked the end of the historic Fiuman autonomy.