ITALY’S CONSTITUTIONAL court has ruled that a law which prevented prime minister Silvio Berlusconi from being prosecuted in criminal cases was partially invalid – paving the way for the under-fire PM to be called in front of three criminal cases involving his media companies.
The court struck down sections of the country’s law – which allows cabinet ministers to effectively claim immunity from criminal cases by citing their ministerial duty as being a “legitimate impediment” and keeping them otherwise engaged – as being unconstitutional.
The ruling, which has been described as a “moderate shock” within conservative circles, means that Berlusconi may now be brought back before courts in Milan, where he is accused of bribery, tax fraud and embezzlement in connection with his media business.
The New York Times says the possibility that Berlusconi may find himself back in court, just a month after scraping through a vote of confidence in the Italian parliament, means there is a significant chance of early elections.
In one of the charges, AFP reports, Berlusconi is accused of bribing British tax lawyer David Mills – who was a witness in a previous case brought against him – so as to stop him from testifying.
In other cases, Reuters adds, he is suspected of tax fraud and embezzlement in the acquisition of certain TV broadcasting rights by his Mediaset company, one of Italy’s largest.
Berlusconi had previously denied that the ruling would pose any threat to his tenure as prime minister, however, telling reporters yesterday that there was “no danger to the stability of the government” whatever the outcome of the case.
While the legal ability to claim ‘legitimate impediment’ remains in place, AP explains, ministers will now not have an automatic shield against trial – instead, now, judges in each case will have the right to verify, and overrule, any claim by a minister that they cannot attend a case.
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