Italian judges: 'Berlusconi danger to democracy'

Italian rule of law is under siege from its own prime minister, judges in the country say.

Just some recent events in Italy.

Last Wednesday, the Italian parliament approved a bill that offers prime minister Silvio Berlusconi immunity for a year and a half from prosecution for corruption, graft and tax evasion.

The four main TV newscasts aired by public broadcaster Rai have all been suspended until the regional elections of March 28 and 29. The government fears too critical journalism.

Last weekend, as regional elections loomed, election bylaws were changed. A local wing of Berlusconi’s People of Freedom party had failed to register in time for the elections, and the law was changed to ‘repair’ this. A judge, however, has refused to recognise the new legislation. This led to Berlusconi accusing the judge of plotting against him.

Democracy in danger

Responding to these and other recent events, Italian judges issued a cry for help on Wednesday. The highest judicial governing body, the Supreme Council of Magistrates, is working on a statement warning that “Italian democracy is in danger”. Never before have judges voiced such harsh criticism of the effects Berlusconi’s actions on Italian justice.

The council wants to protect judges from the prime minister’s repeated attacks and hopes to restore respect for the judiciary.

But is the Italian rule of law really in danger? Is democracy under siege?

Formally, Italian checks and balances are still in place. The parliament keeps an eye on the government, the president ensures that any laws passed by parliament are in line with the country’s constitution, and the constitutional court can be asked to do the same. A diversity of printed media offers comment and insight into these processes. In theory, Italy’s rule of law is in excellent order. In theory, Italy is also a functioning democracy. It holds elections where new representatives can be elected.

Reality different from theory

The problem is that all these institutions find themselves under constant pressure. Judges and journalists are constantly under fire from government parties. Parliament and government have been infiltrated by the mafia.

According to Massimo Giannini, an analyst who writes for opposition daily La Repubblica, Berlusconi is playing a game of “smoke and mirrors in which appearances have replaced reality”. “According to Berlusconi,” he said, “the rule of law is a pointless obstacle. The reign of confusion is preferable.”

Checks and balances such as the free press, the judiciary, the president or parliament are ridiculed and stripped of their legitimacy when they become too critical. Whoever dares interfere with the leader’s business has a price to pay, Gianni said.

Berlusconi has compared bothersome magistrates to “a subversive gang of Taliban members” who are “different from the rest of the human race, anthropologically speaking”.

The prime minister has called journalists “communists”, and thinks the president of the republic, Giorgio Napolitano, is little more than a pesky obstacle. Members of parliament are supposed to obey their leader as far as Berlusconi is concerned.

Above the law?

Over past years, Berlusconi has interfered with justice by altering the statute of limitations, allowing him to avoid prosecution. When he lost his immunity in November, he threatened to cap the duration of trials, which would have allowed tens of thousands of suspects to escape their convictions. Thanks to this audacious threat, he was able to escape prosecution this week through less far-reaching means.

Berlusconi has changed Italian media law, generating more income from advertising for his company, Mediaset, at the expense of the printed press and public broadcasting. Whenever public broadcasters air programmes that Berlusconi finds too critical, he threatens to overturn the TV license that Rai depends on. He has called on companies to refrain from advertising in La Repubblica, a newspaper which has voiced criticism of him in the past.

Berlusconi has issued decrees whenever parliament threatened to block legislation. He declared a state of emergency for construction projects that could have easily been completed in a normal fashion.

He also declared a state of emergency when Italy hosted the G8 summit and the world swimming championship. Excavations at Pompeii and the restoration of the Uffizi museum in Florence were given the same treatment, allowing the government to dole out contracts without putting them up for tender.

Several government officials, politicians and businessmen involved in these ‘emergency projects’ are now suspected of corruption. But judges investigating these possible crimes “should be ashamed of themselves,” Berlusconi has said.

The Italian president Napolitano has personally experienced a great deal of pressure at the hands of Berlusconi to pass laws that were not always in line with the constitution. Last weekend, the president bowed to pressure and approved the new election bylaws. The fact that a judge later refused to apply them shows just how controversial the new law is.

Little resistance to Berlusconi

With a refined sense of drama, opposition politician and former magistrate, Antoni di Pietrio, has since called for the impeachment of Napolitano.

The question remains why Italians haven’t yet rebelled against Berlusconi. They haven’t because the divided and bickering opposition has convinced them no viable alternative exists. The model set by Berlusconi, of a father figure surrounded by a clientelist clique, is inspiring local copycats throughout the nation. Italians have had to endure corrupt politicians for years. The confusion raised by Berlusconi prevents them from seeing reality clearly. Civil protest exists, the internet is abuzz with activism, and there is hope Berlusconi’s administration will soon end. But the prime minister’s power is so great, only his own coalition members will be able to bring it about.

Politicians elsewhere in Europe have shied away from getting involved in Italian matters. No politician or diplomat would even think to meddle in the internal affairs of a friendly democracy, one of the founding members of the EU. The European People’s Party, the centre-right coalition that dominates the European parliament needs Berlusconi’s party to maintain its leading position.