The sight of Silvio Berlusconi, the controversial Italian Prime Minister, changing the law to his own benefit has become so familiar there is a risk that Italians -- and the world at large -- will accept it as normal. What is at stake, however, is not normal. In effect, critics say, he is undermining the rule of law in a Western democracy instead of upholding it. Mr Berlusconi and his supporters have this week tabled in Parliament a Bill shortening the length of criminal trials. It is, they say, a long overdue attempt to reform Italy's notoriously slow, cumbersome and Kafkaesque judicial system, in which verdicts arrive after years -- or never. But this hastily formulated measure derives from Mr Berlusconi's instruction to Niccolo Ghedini, his personal lawyer -- who, this being Italy, is also a parliamentary deputy framing the law -- to find a way to save him from imminent corruption trials, after a ruling by the Constitutional Court last month overturning his self-awarded immunity from prosecution.
The sight of Silvio Berlusconi, the controversial Italian Prime Minister, changing the law to his own benefit has become so familiar there is a risk that Italians -- and the world at large -- will accept it as normal. What is at stake, however, is not normal.
In effect, critics say, he is undermining the rule of law in a Western democracy instead of upholding it.
Mr Berlusconi and his supporters have this week tabled in Parliament a Bill shortening the length of criminal trials. It is, they say, a long overdue attempt to reform Italy's notoriously slow, cumbersome and Kafkaesque judicial system, in which verdicts arrive after years -- or never.
But this hastily formulated measure derives from Mr Berlusconi's instruction to Niccolo Ghedini, his personal lawyer -- who, this being Italy, is also a parliamentary deputy framing the law -- to find a way to save him from imminent corruption trials, after a ruling by the Constitutional Court last month overturning his self-awarded immunity from prosecution.
I find the word "Kafkaesque" not appropriate to describe the judicial system. It is far more appropriate a qualification for Berlusconi's devastating laws which the judiciary are to apply. The judiciary is by no means without fault in many cases, but the increasing alienation of the body politic towards the judiciary is largely due to a ceaseless hate campaign by B and his government as well as legislation that is, to put it bluntly, gravely incoherent, largely written by B's close inner circle which holds the republic in contempt and often are of avowed fascist allegiance, such as his closest collaborators, Ghedini or Longo.
Some 18 ad personam laws (this will be the 19th) perpetrated by B's governments have undermined the efficacy of the judiciary in the past fifteen years. Further, his various ministers of Justice, Treasury and the Interior have systematically deprived the police and the judiciary of manpower, financial resources and such simple instruments or materials (paper, computer, electricity, gasoline)necessary to investigate and pursue crime. Judiciary halls often close at 2 PM for lack of personnel. Investigative judges rely on their own meagre resources at times to supplement their work at home or resort to town cops or postmen to carry on investigations.
Coupling propaganda and siege tactics with a law obliging judges to hand down decisions within two years is outrageous. Senator Anna Finocchiara's gesture the other day of hurling the bill against the Senate wall sums up the exasperation with B's contemptuous disregard for the republic and its institutions.
As far as a solution for Italy's judiciary problems goes, very simple measures may be taken: One, the statute of limitations ceases to tick away once a trial starts; Two: If a person is found guilty he immediately begins to serve his sentence, regardless if there is an appeal. What is plain sense in most mature democracies would have revolutionary consequences in Italy.
In conclusion, the core nature of Justice is to produce publically shared truths through motivated decisions and sentences. In order to avoid appearing in court or even being tried, Berlusconi has used his power throughout his careers both as a corrupt businessman and a politician to denigrate and delegitimize the judiciary branch. He has managed in his career to control the executive and the legislative branches of the state and the media. The only power that has still remained formally independent is the judiciary branch. Once that has succumbed, Europe will once again foster a totalitarian paranoid Truth in its womb.
