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Italy leads the way in  populism in Western Europe - Chair of the Department of American university of Rome

Politics Materials 12 August 2008 11:07 (UTC +04:00)

James Walston, Chair of the Department of International Relations in the American university of Rome

The caricature of Italy is a place with much style, ceremony and noise but where it takes a lifetime to buy a postage stamp. The reality of Berlusconi's first 100 days is very different and would make the most dedicated political reformer in any country green with envy.

The reform is arguably constitutional and affects only four citizens of the Republic; Italy is now unique among western democracies in that its four most senior positions in the State have total immunity from criminal prosecution. The President, the Prime Minister and the Speakers of the two chambers of Parliament may not face trial as long as they hold office. In practice, of course, this means just Silvio Berlusconi as Gianfranco Fini the Speaker of the Chamber has already given up his immunity for a criminal libel case and neither President Napolitano nor Senate Speaker Schifani have any pending charges nor frankly, are they very likely to.

The Prime Minister on the other hand faces charges of having bribed an English lawyer to commit perjury. The trial in Milan was due to come to verdict this autumn and the presiding judge was doing her best to accelerate proceedings. First Berlusconi tried to recuse her - a curious move at the end of an otherwise uncontested trial, then he proposed a bill which would have delayed some tens of thousands of trials including his own. This would have thrown the Italian administration of justice into even greater chaos than it is at the moment. Finally, as a "compromise" the immunity bill was rushed through both houses of Parliament.

Unlike some of the new Berlusconi government's other controversial proposals; there has been almost no discussion outside the country and very little opposition in Italy itself. Fingerprinting roma children or making irregular immigrants into criminals has provoked criticism from the European Parliament and Commission and the Vatican as well, forcing the Government to back-track and reconsider.

The immunity law in contrast was accepted albeit grudgingly by most of the opposition and President Napolitano signed it into law within 24 hours despite the Italian president's role as guarantor of the Constitution and the fact that a similar law was overturned by the Constitutional Court the last time Berlusconi sought immunity in 2003. Only Antonio Di Pietro, the former anti-corruption prosecutor and now leader of the Italia dei Valori party has said he will seek a referendum to repeal the immunity law; the mainstream opposition leader, Walter Veltroni of the Democratic Party will not support the referendum because, he says "if we lose, it will be worse".

This is worrying drift for Italy for two reasons. The first is that once again, Silvio Berlusconi has shown his complete control over the executive and legislature for a measure directly and manifestly in his favour. When he "came onto the playing field" in 1994, the conflict of interests between a prime minister who was also one of the country's richest men and controller of half the electronic media and a fair portion of the rest was stunningly visible. In more than 14 years it has not gone away, merely ceased to be an issue; Italians have become accustomed to the Sultanate as Giovanni Sartori has called the system. And there is a resigned presumption that when this government comes to its natural end in 2013 coinciding with the end of President Napolitano's mandate, Berlusconi will crown his career with seven years as head of state.

The second worry is in a sense even worse for Italy's democratic institutions. Even assuming that they survive another five years with Berlusconi as head of government, whatever happens afterwards, the executive will have taken a dangerously pre-eminent position in the Italian constitutional architecture. Berlusconi has never made a secret of what he thinks of the judiciary. In a good mood, he likened them to condominium administrators paid to follow the instructions given them by Parliament, and "subversive" and a "metastasis" when he was in a bad mood. His colleagues have not been much more polite; one minister recently called the magistrates' self-governing body "a sewer" while speaker of the Chamber Gianfranco Fini questioned the High Court's verdict on the 1980 Bologna bombing which involved members of his party. These are remarks which one might expect from anti-system militants, not holders of the highest state offices.

The Government has also drawn up a bill which would limit magistrates' powers to use telephone intercepts as evidence which is often used to nail corrupt or organized crime linked politicians.

Not all the measures are on pure self-interest; in a case which reflects the Bush intervention in the Terry Schiavo case, the Government party passed a motion saying that Supreme Court did not have jurisdiction to allow a father to stop treatment on his daughter who has been in an irreversible coma for 16 years.

One way or another, the power and authority of the judiciary is being dismantled in favour of a populist executive which believes it should have total control and it doing its best to achieve it. There is much which needs reforming in the Italian judiciary but Berlusconi and his party have already completed their personal agenda to the serious detriment of Italy's balance of state powers.

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