Italy’s top court scales back Berlusconi immunity

Italy’s top court yesterday opened the way for corruption trials involving Prime Minister Silvio Berlusconi to resume after modifying a temporary immunity law that has shielded the Italian leader.

The Constitutional Court eliminated a clause in the law that grants Mr Berlusconi automatic immunity, arguing instead that judges should decide on a case-by-case basis if the Italian leader should appear in court proceedings.

The 15 judges said in a statement that the clause was “illegitimate.”

Mr Berlusconi’s press office said in a statement that the Prime Minister “has not commented and has no intention of commenting” on the ruling.

The current law excuses Mr Berlusconi and his ministers from prosecution on the grounds that they have to fulfil their official duties.

Justice Minister Angelino Alfano said the result confirmed that “judicial authorities have to take into account official duties.”

The arrangement has angered the opposition, which says the law was tailor-made for Berlusconi to dodge two trials for fraud and bribery.

The first is for alleged tax fraud by Mr Berlusconi’s Mediaset business empire and the second is for the suspected bribery of the prime minister’s former tax lawyer David Mills – a witness in another trial against Berlusconi.