Berlusconi, il cavaliere

The Prime Minister of Italy is again under the spotlight, after last week, when the Supreme Court overturned a law that granted him immunity from prosecution, for as long as he held on to power. Law which had been initiated by Berlusconi himself first in 2004 and later in 2008.

Berlusconis tactics to stay in power resemble the methods of Cesare Borgia, the infamous character portrayed in Machiavelli’s book.

Cesare Borgia, son of Pope Alexander VI, was ordained in the ecclesiastical career, as was meant to be in 1494.

Borgia slipped his younger brother’s throat aiming to inherit his secular titles, by sucession in lineage. The King of Spain, Ferdinand of Aragon, however opposed the practice of releasing a cardinal from his office for political purposes. The rule of law had been broken and as a consequence the Borgias alienated their most precious ally. In the meantime Cesare bought some support from a deal cut by the Pope with the french, alienating all the italian baronial families in the process. Borgia downfall came with his fathers death and betrayal by his successor in the Vatican, Julius the II. He ended up exiled under his family protection and dies in batlle fighting his only ally, the french.

Berlusconi rise to power:

in 1994 Berlusconi’s push forward for reform of the electoral law turning the popular referendum in 1993 around which supported “The First Past the Post” system, and instead replaced that by a proportional representation with a majority prize for the winning coalition. Returning the system to the old regime.

With the end of the Cold War, also the dismemberment of the Christian Democrats came about in 1994, which had been the predominant party since 1945, giving place to the Popular Party, influenced by the Catholic Church; the neo-fascists and the left wing were re-enacted as well. The Ist Republic had been under the auspices of the U.S. since 1945, begining with the reinstatement of the mafia in local government in Sicily and ending with formal resistance against any active participation of the communists in national government. This paved the way to the political instability in Italy, by supporting a catch all parties system to isolate the communists by what the US perceived as the major ideological divide in Italy, in the context of the Cold War and the Truman Doctrine.

Historically however, the Federalists vs Centralists was the background political conflict de facto between North and South.

This interference by the U.S., intended to prevent a single party (communist) dictatorship led to a quasi-totalitarian regime: the voters had no chance to turn out a badly performing government and put in the opposition.

Bettino Craxi, socialist and last leader of the coalition  had to flee the country under acusations of mafia led corruption.

This is the background for the upsurging northern separatist parties, against the corruption of the status quo (the perpetual coalition has led to immobilism)

The Northern League calls for a division of the country, in a federation like model, complaining against the misappropriation of northern taxes by the mafia in the south. The Network, another party based in the south, calls for an end to the mafia rule.

Berlusconi shows up in this context, a media tycoon, friend of Craxi, former member of Masonic lodge P2, chosen to head a coalition full of contradictions (the neo fascists centralism and anti european integration side by side with federalistst successionists).

Berlusconi sees the coalition fall in 1994 and CHANGED THE ELECTORAL LAW BACK TO BEFORE 1993, reuniting again in 2000, staying in power until 2006.

Berlusconi’s Legal Framework:

The` Gaspari Law` in 2004, comprising new media reform legislation, allowing Berlusconi to retain control over his three national tv networks , while denying favoring competition distortion. Had to go around a presidential veto.

Berlusconi was indicted in Spain for charges of tax fraud and violation of anti trust laws regarding TV network Telecinco but his mandate at the European Parliament granted him imunity from prosecution until 2005. All accused were acquited in 2008.

According to journalists Marco Travaglio and Enzo Biagi, Berlusconi entered politics to save his companies from bankruptcy: Feninvest costed Paulo Berlusconi (Sylvio’s broher) an arrest for charges of police bribery.

Reduction of the Statute of Limitations for most crimes. Under fire from the opposition,  a personal friend exemption was staged (“Case Previti”) but just to be predictably overtaken by the constitutional court on grounds of “that all are equal before the law”.

The “Jowellgate”/ David Mills bribery case

Berlusconi lawyer Mills, married to british Sec of Defense, Tessa Jowel, was accused by italian prosecutors of money laundering and bribery from Berlusconi in return for perjury. Jowell resigned and got a divorce from Mills in February 2009. Mills was found guilty but is appealing to a  sentence of 4 1/2 yeards in prision. Pending accusations over Berlusconi will expire in 2010 under `his` new  statute of limitations.

The passing of laws by Berlusconi during ongoing trials effectively delayed the outcome (reducing punishment on all cases for false accounting: ex- law on `legitimate suspicion` where the defendant could move the trial to another court if believed the judges were bias).

Suspention of criminal trials against the five highest officers of the state during their terms (“Loddo Maccanico”). Declared insconstitutional in 2004; altered and again vetoed by the court in 2009- lifting the veil over Berlusconi and casting doubts over his future ability to ilude justice any further.

Decriminalization of false account statements (acquited both on AC Milan and Fininvest trials due to expiration under statute of limitations).

Penal code reform forbidding the prosecutors to appeal against the acquitals– declared insconstitutional.

In sum, Berlusconi brings down the judicial power in the name of perpetuation in government, digging deeper on Italy’s historic political devide, with the use of cunning and deceitful tactics.

Berlusconi most recent embarassing gaffe is that he claims to have spent millions of euros on judges , later correcting his mistake and saying he spent over 326 million dollars in lawyers and consultants dealing with investigations in which he has been involved.

Berlusconi, like Borgia alienated the people’s support, but in Italy that doesnt necessarily go against the ruler. in Fact Machiavelli had already written in his work `The Prince`, in 1513, that public morality needs to be inforced and if needed be, even by `acceptable cruel action` that requires the (ruler) to be a public figure above reproach, while privately acting ammoraly to achieve state goals.

If we consider that Italy has been called a democratic dictactorship since 1945, with the support of the US, we may very well assume that the people could not effectively be involved in the state public affairs, much like Austria. Therefore state and statesman personal affairs could be easily embroiled. Musolini himself said that Italy can be ruled, but who actually wants to do it?

in `Discourses of Livy` Machiavelli said ‘for government consists mainly in so keeping your subjects that they shall be neither able, nor disposed to injure the ruler’ 

Italy s a profoundly devided country, starting with the city states of The Holy Roman Empire, ruled by the Habsburgs, up to the republics under Napolean. Unified under the kindom of Sardinia, looked at by the south as an alien force, growing separatism, muffled by Musolini and release again by the allied troops.

On the other hand, the neo fascists in Berlusconi’s governmenet even demanded re opening the Traty of Osimo of 1975, which awarded the Istrian Peninsula to Yugoslavia (now Slovenia and Croatia).