One may wonder why I'm using such strong language in this case - "Europe's first post-war dictatorship". It sounds very over-the-top and over dramatic. However, a supposedly democratic country would not be the host to an enormous rally (supposedly three hundred thousand) in one of the capital city's biggest squares calling for press freedom. You would expect it in a Latin American country perhaps but not Piazza del Popolo in Rome, which occurred last Saturday. The rally, in my opinion, was perfectly justified - since returning to power in April 2008, Berlusconi has raged a relentless war against the media outlets that are not part of his vast business empire, growing in intensity and ferocity in particular following the announcement of his divorce and his sordid, seedy sexual shenanigans earlier this year. Notable examples have included his suing of Italian left-wing newspaper "La Repubblica" concerning its "intrusive" and "offensive" reporting into his private life and the declaration by one of the pro-Berlusconi newspapers ("Il Giornale") that the editor of the Vatican newspaper "Avvenire", Dino Boffo had had a sordid and secret homosexual affair. The latter happened only a few days after the Vatican expressed its anger and disgust at Berlusconi's "arrogance" concerning the sex scandals he simply cannot escape. Berlusconi also has his eyes set on suing overseas publications that have also heavily and critically reported the sex scandals - these include Britain's "The Times", Spain's "El Pais" and France's "Nouvel Observateur".
Now, this is truly horrific behaviour for a European Head of State. What is really concerning is that Berlusconi truly believes he is in the right and that he is being personally attacked by a relentless, vengeful left-wing, communist conspiracy, both within and outside Italy and that he is the true victim. This is partially right - the Italian left, headed by the Partito Democratico (Democratic Party) absolutely despises him and desperately wants to see him go as leader of the right but at the moment, it is sadly in no fit state to be an effective opposition, no more so than the right is fit to govern. Thus, with Italian parliamentary democracy in such a mess, the ability of the media to be free takes on more importance for ensuring the continuation of a democratic civil society. In a democracy, one of the key functions of a free media is to critically hold the government to account in the interests of the people, regardless of each individual publications' political leanings. Berlusconi is doing everything in his power to squash this ability of the media, as many distinguished dictators have done so in the past.
However, it was the immunity law that continuously sent the chill of authoritarianism down Italy's spine. Berlusconi's basic rationale for the immunity law was that "troublesome" law suits and legal questions would distract the country's rulers from effectively getting on with the task of, well, ruling. Again, this is a device used by countless dictators to protect themselves from the crimes they've committed against their people. Obviously, Berlusconi is not a brutal dictator, leading death squads and massacring his people. But the principle that some are above the law is there and that principle alone means that the law itself has become endangered to abuse.
Alas, until the Constitutional Court struck down the immunity law last night. And its decision is final, there is no appeals process. Now, Berlusconi faces the very real prospect of being put on trial in a number of corruption cases, the largest one involving British lawyer David Mills. If Berlusconi was a joke before, imagine how funny it would be if Italy's Prime Minister was also standing in the dock and facing the possibility of prison. For a European country - hell, any democratic country - this is completely unacceptable. That is why he must go now. Obviously he won't, and I read this morning that his response to the ruling was;
"The Constitutional Court is a political organ. The trials against me are a farce. Viva Italia and Viva Berlusconi! I will go on. We must govern for five years, with or without the law. I never believed because with a Constitutional Court with 11 left-wing judges, it was impossible that it would be approved."
How many things are wrong with that!?!?!? "The Constitutional Court is a political organ." Newsflash Berlusconi, SO ARE YOU!!! And unlike the Constitutional Court, (which technically is not a political organ but an institutional organ) you're expendable, whether you accept it or not. "We must govern for five years, with or without the law." A nation without law is a nation in chaos. Here, Berlusconi is implying that because he's been popularly elected by the will of the Italian people, he cannot be constrained by the institutions of state and the law because that would be undemocratic - the will of the people is paramount. In his eyes, the law is the enemy of the people if they dare try and constrain him. This again bears the stamp of authoritarianism. Again, throughout the world, dictators have condemned the law that seeks to constitutionally constrain them and have taken steps to unravel it to support their positions. This has been most effective in countries such as in Latin America and Asia where the concept of the rule of law has been historically weak and unstable.
Italy is not one of these countries. Since the end of the Second World War, it has had strong institutions and a strong civil society. Yes, the country does have its problems and it is a national past-time for Italians to see how far they can stretch the law to their own personal advantage but when it comes to the fundamentals - freedom, equality, justice - they are just as dedicated as any other European. So, I seriously doubt that Berlusconi could force through legislation to change the constitutional framework in which the Court operates to favour the elected government. I'm confident that if he was stupid enough to try, the resulting backlash from the media, the Italian people and even the European Union would quickly lead to his downfall. Italy's President, who also has a role as Guardian of the Constitution, Giorgio Napolitano would refuse to sign into law any new legislation that weakens Italy's constitutional safeguards at the expense of Berlusconi's own position.
What can Berlusconi do next then? Obviously the Partito Democratico and left-wing press have called for his immediate resignation. This isn't going happen. Another possibility is that Berlusconi is forced out by his own coalition, most likely by Gianfranco Fini, the current President of the Chamber of Deputies, although there are doubts that he is in a strong enough position to oust Berlusconi. Yet another possibility is that Berlusconi's coalition partners, La Lega Nord (the Northern League) could walk out in disgust, resulting in the collapse of the government. Also unlikely, as this would lead to elections and the right is desperate to avoid them. Even Berlusconi, the "man of the people" fears going to elections, rather ironically. What appears most likely is that Berlusconi will battle on, trying to ignore the ruling and do everything possible to shaft the judiciary, which will be now whetting its appetite to begin the trials against him to bear.
A victory, yes, a victory badly needed for a democracy that is being tested to the limits. But the danger has not passed yet. Only when Berlusconi is gone will Italian democracy be safer and more secure. What's so frightening is that we still have no idea when - if it all - that will happen. And we can rest assured, he won't be going without a fight. And in true Italian style, it will be a very dramatic, show-stopping performance when it does happen.
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