He didn't make it. He tried everything to become immune to justice, despite the many trials where he was and is involved, but in Italy there is still a Constitution and a Court that has the task of judging whether or not a law comply with it. Certainly there is also a good number of citizens who think that Berlusconi is more important than the law, and has the right to violate it as he wish.
There is also a great part of the opposition that in 15 years never raised its voice to question Silvio about his many trials and the enormous conflict of interest that he carries around. There is also a President of the Republic who signed a law that was patently unconstitutional. But the Constitutional Court now ruled that the Alfano law was unconstitutional, just as anyone could see with the naked eye if not blind. Immunity to trial for the four highest offices of state, which in reality was useful only to Berlusconi and not to the other three, meant that potentially a few people could go unpunished forever, immune to the law.
In Italy there are no mandate limits for the premier nor for the other three offices under the law, therefore a prime minister who has committed a crime could theoretically be re-elected until his death, and never prosecuted. This was precisely the aim of Berlusconi, and the tragic aspect of the story is that a good number of Italians, and even 6 constitutional judges, would willingly have permitted him to do so. But if information is occupied by Berlusconi and the Parliament as well, with the Constitutional Court still isn't. The law was judged unconstitutional under Article. 138 of the Constitution, and this means that such immunity cannot be established with an ordinary law, but would require a constitutional law, which may be approved by the parliament but must be put to a referendum if passed with a majority less than two thirds and required by a fifth of MPs, 500,000 citizens or 5 regional councils. A procedure that makes very difficult, as some Berlusconi's allies said, to resubmit the same law with some modifications invented by Berlusconi's lawyers.
The Constitutional Court also cited article 3, the one who embodies that all citizens are equal before the law. The message is basically that the Italian Constitution doesn't allow such immunity and to introduce it they should change it.
The Constitutional Court also cited article 3, the one who embodies that all citizens are equal before the law. The message is basically that the Italian Constitution doesn't allow such immunity and to introduce it they should change it.
Now how will "our hero" escape justice? First he will wage a total war of propaganda with the loyal media, saying that rhe Constitutional Court betrayed the will of the people. Even if one could guess what the will of the people has to do with his legal troubles, very private legal troubles. Berlusconi's co-defendant in the Mills trial involving the accumulation of black funds for tax evasion and fraud to his shareholders, is under investigation for aggravated defamation and involved in two other trials for TV rights of his media empire. For the crime of simple corruption in the Mondadori trial, ended with a statute of limitation in 2001, the prime minister has just been condemned to pay 750 million euros. There are also ongoing investigations about the murders and massacres of mafia in 1992-1993, which killed the judges Falcone and Borsellino, which are interwoven with the Dell'Utri trial.
How is it that in 1992 an entire italian political class has been swept away by a series of investigations on corruption and now many Italians are willing to defend even in the face of evidence a prime minister who has used illegal means to build his publishing empire? In recent years, thanks to his media power Berlusconi has managed to convince many Italians to be persecuted by justice, when in fact he is only prosecuted under the law and with solid evidence.
How is it that in 1992 an entire italian political class has been swept away by a series of investigations on corruption and now many Italians are willing to defend even in the face of evidence a prime minister who has used illegal means to build his publishing empire? In recent years, thanks to his media power Berlusconi has managed to convince many Italians to be persecuted by justice, when in fact he is only prosecuted under the law and with solid evidence.
Francesco Defferrari
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