L'economist su Berlusconi

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Italy's prime minister and the law
The fruits of office
Jun 19th 2008 | ROME
From The Economist print edition
The government drafts new laws to constrain the magistracy
Reuters I'm all right, says Berlusconi
SILVIO BERLUSCONI is a man of perseverance. Two months after winning the Italian election, he is starting to deal with the judicial system, and those working in it, as robustly as when he was last in power, in 2001-06. During the campaign he said prosecutors should undergo checks on their mental health. Now more attacks on the magistracy and bespoke laws to protect himself and his business interests seem to be priorities once again.
On June 17th Renato Schifani, speaker of the Senate, read a letter from Mr Berlusconi backing an amendment proposed by two senators that would stop for a year all trials for crimes committed before June 2002, except for those the government deems most serious. Some critics say this is unconstitutional, as it interferes with the requirement that trials should be of reasonable duration and that due legal process must be observed. Mr Berlusconi is on trial in Milan accused of judicial corruption, along with a British lawyer who helped to establish a secret offshore network of companies for Mr Berlusconi's business empire. Now nearing its end, this trial would be among those to be halted. The amendment was passed by the Senate on June 18th.
In his letter, Mr Berlusconi claimed that many cases have been brought against him by extreme left-wing magistrates for political ends. He has also told Mr Schifani that he wants legislation to suspend trials involving the holders of Italy's highest offices of state. Mr Schifani was behind a similar law in 2003 that was later ruled unconstitutional.
Mr Berlusconi's intrusions into the criminal-justice system are also hitting the use of intercepts in investigations. On June 13th the government approved a bill to limit what magistrates can do and the media may report. Cases for which eavesdropping would be banned include fraudulent bankruptcy, market abuse and insider trading. The government claims that cases involving organised crime and terrorism will not be affected. But Armando Spataro, a prosecutor in Milan, says limits on the use of interception devices could hinder investigations into terrorism. And Franco Roberti, an anti-Mafia magistrate in Naples, notes that many investigations into organised crime begin with ordinary crimes such as extortion, loan-sharking and contraband, for which listening-in will be forbidden.
The bill would also gag the magistracy and the press, threatening imprisonment to prosecutors who talk about cases and journalists whose articles use information gleaned from investigations. A new plan to get thousands of soldiers to act as policemen in such cities as Bologna, Trieste and Venice appears to be a smokescreen for the government's real approach to crime: hard on some offences, but soft on others. Behind the smokescreen, Mr Berlusconi is gathering the fruits of office again.
Italy's prime minister and the law
The fruits of office
Jun 19th 2008 | ROME
From The Economist print edition
The government drafts new laws to constrain the magistracy
Reuters I'm all right, says Berlusconi
SILVIO BERLUSCONI is a man of perseverance. Two months after winning the Italian election, he is starting to deal with the judicial system, and those working in it, as robustly as when he was last in power, in 2001-06. During the campaign he said prosecutors should undergo checks on their mental health. Now more attacks on the magistracy and bespoke laws to protect himself and his business interests seem to be priorities once again.
On June 17th Renato Schifani, speaker of the Senate, read a letter from Mr Berlusconi backing an amendment proposed by two senators that would stop for a year all trials for crimes committed before June 2002, except for those the government deems most serious. Some critics say this is unconstitutional, as it interferes with the requirement that trials should be of reasonable duration and that due legal process must be observed. Mr Berlusconi is on trial in Milan accused of judicial corruption, along with a British lawyer who helped to establish a secret offshore network of companies for Mr Berlusconi's business empire. Now nearing its end, this trial would be among those to be halted. The amendment was passed by the Senate on June 18th.
In his letter, Mr Berlusconi claimed that many cases have been brought against him by extreme left-wing magistrates for political ends. He has also told Mr Schifani that he wants legislation to suspend trials involving the holders of Italy's highest offices of state. Mr Schifani was behind a similar law in 2003 that was later ruled unconstitutional.
Mr Berlusconi's intrusions into the criminal-justice system are also hitting the use of intercepts in investigations. On June 13th the government approved a bill to limit what magistrates can do and the media may report. Cases for which eavesdropping would be banned include fraudulent bankruptcy, market abuse and insider trading. The government claims that cases involving organised crime and terrorism will not be affected. But Armando Spataro, a prosecutor in Milan, says limits on the use of interception devices could hinder investigations into terrorism. And Franco Roberti, an anti-Mafia magistrate in Naples, notes that many investigations into organised crime begin with ordinary crimes such as extortion, loan-sharking and contraband, for which listening-in will be forbidden.
The bill would also gag the magistracy and the press, threatening imprisonment to prosecutors who talk about cases and journalists whose articles use information gleaned from investigations. A new plan to get thousands of soldiers to act as policemen in such cities as Bologna, Trieste and Venice appears to be a smokescreen for the government's real approach to crime: hard on some offences, but soft on others. Behind the smokescreen, Mr Berlusconi is gathering the fruits of office again.