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Just reform?

November 10, 2009

Silvio Berlusconi, who is set to go on trial soon, appears to have won backing for a radical justice reform linked to the length of trials in courts. But will the proposed measure help the Italian premier?

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Silvio Berlusconi druing a speech at a meeting in Milan, Italy
A top court overturned an immunity law shielding Berlusconi from a corruption trial last monthImage: AP

The speaker of the lower house of the Italian parliament, Gianfranco Fini, said on Tuesday after meeting Prime Minister Silvio Berlusconi that a draft law putting time limits on trials – one of Berlusconi's key demands in his fight against judges who he says are biased against him – would be presented soon.

Fini said the draft law would impose a six year limit on the three stages of court cases - initial trial, first appeal, and final appeal. He said this could be ready in a matter of days but did not comment on whether the law would impact cases against Berlusconi. Trials in Italy can last for more than a decade.

Observers say the law could apply to some of the prime minister's trials, depending on when it comes into effect and its retroactivity.

Senator Anna Finocchiaro of the opposition Democratic Party said she was waiting to see the details of the new law. The opposition says Berlusconi's real aim is to regain his own immunity and be shielded from upcoming trials.

Ultimatum to allies

Berlusconi has been in combative mode since Italy's top court last month ruled that his immunity from prosecution while in office was unconstitutional. It overturned a law passed by his government which critics said was tailor-made to protect him.

People hold flags and banners during a demonstration to defend the freedom of the press in Rome last month, accusing Berlusconi of trying to silence critical voices
Protestors, who accused Berlusconi of trying to silence critical voices, held a rally in Rome last monthImage: AP

The law grants immunity from prosecution to the country's four top office holders while in office, including the premier, the president of the republic and the two parliamentary speakers

Berlusconi has since demanded that his allies commit themselves to protecting him from what he calls an onslaught by "communist" magistrates and judges.

On Sunday, Il Giornale, the newspaper owned by the Berlusconi family, issued an ultimatum to his allies, saying they must back laws shielding the prime minister from court trials or risk a government collapse.

The front-page headline of the newspaper read: "Berlusconi Ultimatum: Those who don't agree are out of the PDL," referring to his People of Freedom coalition. The report said the next few days could be a "a week of passion" for the coalition and could lead to the government's resignation and early general elections.

After last month's court ruling, corruption trials against the 73-year-old prime minister that had been suspended will now either resume where they left off or start afresh.

One, which involved the acquisition of TV rights by Mediaset, his television empire, had been due to resume on November 16th, but Berlusconi's lawyers have informed the court that he will not be able to attend because of a world food summit in Rome.

Arrest warrant for Berlusconi aide

News that there was support for the new law came a day after the center-right government had another brush with the courts.

Magistrates in Naples issued an arrest warrant late on Monday for Nicola Cosentino, parliamentarian and undersecretary to Economy Minister Giulio Tremonti.

A woman and a child walk past a pile of garbage, in Naples in January 2008, as waste piled up in the city's streets
A Berlusconi aide is accused of Mafia collusion relating to illegal garbage disposal in NaplesImage: AP

Cosentino is reportedly accused of links with the infamous Casalese clan of the Camorra, the Neapolitan version of the Sicilian mafia. Some media reports said the 50-year-old legislator is accused of dealings with organised crime relating to illegal refuse disposal in the Naples area, which was hit by a garbage crisis last year that left tons of refuse on the streets.

However, Il Giornale called the arrest warrant "an attack by magistrates."

Cosentino, the leader of Berlusconi's party for the Campania region around Naples, was slated to be a candidate for governor in next year's regional elections. He has denied the accusations in a statement issued by the local party.

rb/Reuters/AP

Editor: Susan Houlton