The Constitutional Court remains true to itself providing, once again, the proper functioning of the constitutional powers. In a decision that – according to rumors that filter from Rome – was serene and without significant opposition among the judges, the “Consulta” has rejected the conflict of powers with which the Head of Government (which at that time was Silvio Berlusconi) lamented the lack of recognition by the court of Milan, of the “legitimate impediment” opposed by the accused-President not to attend a hearing.
Berlusconi had suddenly moved the date of a Council of Ministers, making it coincide precisely with the audience that saw him accused for the “Mediaset rights” issue. Yet, the Court noted, the schedule of hearings had been specially agreed between the accused and the panel of judges, just to avoid that the judicial problems of Berlusconi-entrepreneur impeded the duties of Berlusconi-head of government.
The MPs of the “People of Freedom” party cried foul: once again the hated Court does not facilitate the destinies of the charismatic leader. Beyond the political positions, however, what are the points to note in this story?
First, it is to debunk the myth, popular in these days, according to which, in the event of a favorable verdict, it would have achieved the judicial “salvation” of Mr. Berlusconi. Highly unlikely: the process would be continued and the Supreme Court would deliver its verdict before the statute of limitation.
The same Supreme Court, in the judgment in which it dismissed the transfer of the process to Brescia, said – about the possible effects of a judgment by the Constitutional Court favorable to Berlusconi – that the “impairment of the whole process appears to be more a hidden expectation on the side of Sen. Berlusconi than a real risk of such an outcome” ...Zum vollständigen Artikel