In general, the principle of the separate use of languages applies not only to administration, but also to justice (Fraenkel-Haeberle 2008). It is understandable that the principle of individual choice of language in the context of criminal procedure is essential to guarantee the best chances for the defence, while it is partially mitigated in civil proceedings, in which it is diverted from the interest of a speedy procedure. In general, tests are conducted in only one language. There are, however, several exceptions to this rule. The two languages, German and Italian, are often used in a study, which is possible because human resources are bilingual. In the field of legal pedagogy, the Austrian University of Innsbruck proposed in the 1970s a series of specialisation courses that helped to remedy the delays in education. In addition, a cooperation agreement between Austria and Italy in the field of higher education came into force in 1983. [44] This agreement, in collaboration with the University of Padua, paved the way for the integrated Italian law programme at the University of Innsbruck. [45] Since 1985, the integrated programme has allowed the study of Italian law, partly by German means, partly by the Italian medium. This has contributed to the establishment of bilingual lawyers and the increase in the number of German-speaking legal experts in public administration, as envisaged by the ethnic quota system. The close collaboration between South Tyrol and the University of Innsbruck is one of the cornerstones of the greater Tyrol identity (Pernthaler 2007: 214). The region of Bolzano (South Tyrol) is one of those less frequent regions that shared two dictatorships, Italian fascism and German National Socialism. The so-called “Ventennio”, which lasted from 1922 to 1943, was replaced by two years of Nazi rule (1943-1945) and the two totalitarian periods were actively forged by local elites, even during forced Italianization, first perpetrated by fascists, and the darkest moments of the Nazi genocide later.
The two fascists went hand in hand and competed in part. This double situation led in 1939 to the South Tyrol option agreement between Hitler and Mussolini in an attempt to resolve the contradictory claims between German nationalism and Italian nationalism in the territory through racist biopolitics. The population had the “opportunity” to emigrate to Nazi Germany (of which Austria was a part after the accession in 1938), i.e. to remain in Fascist Italy and to be forcibly incorporated into Italian culture, losing its language and cultural heritage; A large majority decided to move to Germany. This very particular context first gave rise, after the Second World War, to some very biased work, which has only been replaced in recent years by more balanced and thoughtful representations.