After 25 years and nearly 30 trials, Italy's former prime minister Silvio Berlusconi has for the first time been handed a definitive sentence by the country's highest court.
Berlusconi, who served
three times as premier, was found guilty of tax fraud and given a
four-year sentence, of which he will serve only one year due to an
amnesty aimed at cutting down on prison overcrowding.
The high court also
ordered a lower court to reconsider whether Berlusconi should be banned
from public office. Prosecutors had been seeking a five-year ban, but
the lower court will have to review this part of the sentence, and will
probably issue a three-year ban.
So what happens next?
Once the sentence goes into effect in a few days, Berlusconi will have
30 days to decide how he wants to serve the one-year sentence. Jail
isn't an option given that the former premier is aged 76, so the choice
is between house arrest, and more likely, community service.
Then there is the
question of whether Berlusconi, a member of Italy's Senate, is eligible
for public office, now that he's been convicted of a crime. According to
Italy's anti-corruption law, which was passed by Mario Monti's
government in late 2012, Berlusconi will be ineligible to hold public
office after he serves this sentence, independent of the outcome of the
review by the lower court.
The Italian Senate will
need to decide when Berlusconi's ineligibility begins. Does it apply
immediately, which would result in him stepping down as a senator? Or
does it apply after the current parliamentary term? Either way, as
things stand, Berlusconi cannot run for parliament for six years.
Once the public office
ban is reviewed and completes its judicial journey, which will take
months, it too would need a Senate vote for immediate enforcement, which
could ban Berlusconi from holding public office for the duration of the
sentence.
So what political implications does all this have on Enrico Letta's government and Italy's immediate political future?
The Senate vote will be
the first critical step and is bound to lead to a ferocious divide in
Letta's delicate "grand coalition" government, which is comprised of
center-left parties and Berlusconi's center-right PdL party.
Even if Berlusconi was
ineligible for office, there is technically nothing to stop him leading
the center-right in an election campaign without running for office. The
latest example of this in Italy is Beppe Grillo, the comedian turned
politician, who leads his Five Star Movement despite being banned from
public office due to a conviction over a road accident.
If the center-right won
an election, the political office ban could be changed with a simple
majority in parliament -- and with ineligibility out of the way,
Berlusconi could at least technically become prime minister for a fourth
time once the law is abolished.
Simply put, Silvio
Berlusconi is down but definitely not out. A video statement he released
Thursday confirmed this and read like a call to battle and the
beginning of yet another very long election campaign.
We're in uncharted
territory, and what happens next politically is nearly impossible to
predict. But the possible outcomes include the downfall of the
government.
What is certain is that in both the center-left and the center-right there will now be immense internal pressure.
With some pushing for an
early election as a "referendum on Berlusconi" -- 43% of voters in one
SWG poll released Friday believe Berlusconi is being persecuted by
magistrates -- and others trying to maintain calm in order to keep the
government alive in the name of national interest, it will be a question
of who blinks first.
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