Italy's top court has begun reviewing a law that grants Prime Minister Silvio Berlusconi immunity from prosecution while in office.The immunity law enabled Mr Berlusconi to withdraw from a number of court cases, including one where he was accused of corruption. Opponents say immunity violates the principle that all citizens are equal before the law. If Mr Berlusconi loses, his advisers say he may have to resign. Observers say that is unlikely, though a ruling against Mr Berlusconi could leave him weakened.
Italy's top court has begun reviewing a law that grants Prime Minister Silvio Berlusconi immunity from prosecution while in office.
The immunity law enabled Mr Berlusconi to withdraw from a number of court cases, including one where he was accused of corruption.
Opponents say immunity violates the principle that all citizens are equal before the law.
If Mr Berlusconi loses, his advisers say he may have to resign.
Observers say that is unlikely, though a ruling against Mr Berlusconi could leave him weakened.
The top court in Italy is assessing an immunity law passed by Prime Minister Silvio Berlusconi's conservative alliance shortly after returning to power in 2008. The government is confident the ruling will stand. Under Italian law Prime Minister Silvio Berlusconi is protected from prosecution while he is in office. The law, which Berlsuconi's conservative alliance passed last year, also protects the country's president and the speakers in both houses of parliament. The country's top court is investigating this law to see if it complies with the Italian constitution, but the ruling parties are optimistic. "We await with confidence the decision of the (Constitutional) Court," Justice Minister Angelino Alfano said. The law is currently shielding Berlusconi from potential lawsuits that might become active if the court decides to overturn it. Berlusconi is suspected of having paid 600,000 euros ($880,000) to his former tax lawyer, Briton David Mills, in return for false testimony in two trials in the 1990s.
Under Italian law Prime Minister Silvio Berlusconi is protected from prosecution while he is in office. The law, which Berlsuconi's conservative alliance passed last year, also protects the country's president and the speakers in both houses of parliament.
The country's top court is investigating this law to see if it complies with the Italian constitution, but the ruling parties are optimistic.
"We await with confidence the decision of the (Constitutional) Court," Justice Minister Angelino Alfano said.
The law is currently shielding Berlusconi from potential lawsuits that might become active if the court decides to overturn it. Berlusconi is suspected of having paid 600,000 euros ($880,000) to his former tax lawyer, Briton David Mills, in return for false testimony in two trials in the 1990s.
Italy's embattled prime minister, Silvio Berlusconi, could face a raft of new prosecutions when the country's highest court rules on Tuesday whether a law which shields him from criminal prosecution should be repealed. If the court rules that that the law is unconstitutional, several cases involving the scandal-prone media tycoon will become active again. Mr Berlusconi pushed through the controversial law, which grants immunity to himself and Italy's three other most senior office holders, shortly after being elected prime minister last year for the third time.
If the court rules that that the law is unconstitutional, several cases involving the scandal-prone media tycoon will become active again.
Mr Berlusconi pushed through the controversial law, which grants immunity to himself and Italy's three other most senior office holders, shortly after being elected prime minister last year for the third time.
Then there are the mafia investigations that have opened up a whole new scenario with the confessions of the Mafia Boss, Gaspare Spatuzza. Spatuzza now reveals that he was the one who robbed the car which was used to blow up Judge Borsellino and his guards. The flip side is that Spatuzza worked for the clan that had relations with Berlusconi's group through Cinà and Dell'Utri. It appears that the group that confessed the theft and charging the vehicle with explosives may have done so to lead investigators and the court away from the actual executors of the assassination.
As a recent comment goes (Massimo Fini), Fellini once remarked that Italy excedes the imagination.
Fortunately, the Lodo Alfano does not suspend investigations. That's all we need.
Fifteen judges will start their deliberations today to determine whether Silvio Berlusconi can be immune from prosecution in a decision that has the potential to cripple the Italian Government. The Constitutional Court will debate a controversial law passed by the Italian Prime Minister that gives legal immunity to himself and three other top state positions. If the so-called Lodo Alfano, named after Angelino Alfano, the country's Justice Minister, is rejected as legally invalid Mr Berlusconi could be back on trial. He is charged with paying the British lawyer David Mills $600,000 in 1997 to withhold incriminating details of his business dealings. Mills was convicted of taking bribes to give false testimony to protect the Prime Minister. The case against Mr Berlusconi, a co-defendant, froze when the law was passed. It is understood that the ruling will hinge on the decision of two or three judges who are said to be undecided. A verdict is expected later this week.
Fifteen judges will start their deliberations today to determine whether Silvio Berlusconi can be immune from prosecution in a decision that has the potential to cripple the Italian Government.
The Constitutional Court will debate a controversial law passed by the Italian Prime Minister that gives legal immunity to himself and three other top state positions. If the so-called Lodo Alfano, named after Angelino Alfano, the country's Justice Minister, is rejected as legally invalid Mr Berlusconi could be back on trial. He is charged with paying the British lawyer David Mills $600,000 in 1997 to withhold incriminating details of his business dealings.
Mills was convicted of taking bribes to give false testimony to protect the Prime Minister. The case against Mr Berlusconi, a co-defendant, froze when the law was passed.
It is understood that the ruling will hinge on the decision of two or three judges who are said to be undecided. A verdict is expected later this week.
Until there is a constitutional overhaul, Berlusconi is no different from any other person indicated by the president to form a government regardless his de facto electoral campaigns based on his person. He can write all he wants on his campaign posters "Berlusconi for president." Legally it has no value. Therefore, given that he is no different than any other minister, why should he be exempt while the other ministers are not?
As for the argument by the State Advocate about two weeks ago, I found it ironic. The argument went that if there were not such a law, a Council President could be forced to resign, thus going against popular vote. One, as above, until the constitution is changed, it's the coalition that is elected, not a person. The coalition can simply suggest another name to lead the coalition. Two, in almost all democracies, mobsters are not elected to position of power. Usually they are fairly law-abiding citizens- save France and Italy. There is simply no reason for such a law in a mature democracy that scrutinizes the records of its elected officials before election day.
Further, a similar law ironically encourages criminals to run for office. Already parliament grants immunity of some sort- parliamentary authorization is necessary to proceed against an MP. It is no wonder that Berlusconi's personal political entity elected some 70 odd MP's who have been incriminated or condemned. With a law like this we can look forward to an uninterrupted stream of criminals as Council President, that is once Berlusconi has ceased to be President-for-Life.
