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Italy's Prime Minister Silvio Berlusconi during the taping of the television program Porta a Porta - Source: Reuters -
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Italy's top court ruled that a law granting Prime Minister
Silvio Berlusconi immunity from prosecution violates the
constitution, in a verdict that could reopen trials against him and
undermine his government.
Judicial sources said the Constitutional Court ruled that the law
passed last year by the centre-right leader, soon after he returned
for a third term in power, violates the principle that all citizens
are equal before the law.
The immunity law is also invalid because it was passed by
parliament as a normal law rather than a constitutional reform,
which is harder to approve and can be rejected by referendum, the
source said, regarding the Constitutional Court ruling.
Berlusconi has vowed to stay on despite the ruling, and has
described the Constitutional Court as a "political organ" dominated
by the left.
It is the second time that the highest court in the land has
thrown out Berlusconi's attempts to have immunity from the cases
against him, after an earlier version was rejected in 2004.
The immunity also covered the president and two speakers of
parliament but it was 73-year-old Berlusconi, who has faced many
corruption and fraud accusations linked to his Mediaset business
empire, who had most at stake from losing it.
The state attorney acting for Berlusconi had warned that if the law
were overturned, the prime minister would become so entangled he
would be unable to do his job as premier properly.
His centre-right allies had even threatened early elections if what
they call "concentric attacks" on Berlusconi over his private life
and business dealings continue, though the premier vowed earlier
this week to serve out his full term until 2013.
Opposition celebrates
The opposition celebrated the verdict, with the anti-graft Italy of
Values party saying: "Berlusconi would be well advised to pack his
bags and get a change of air".
But centre-right deputy Jole Santelli said the verdict was unfair
and "poses a problem of political and legal uncertainty in our
country, and therefore a problem for our democracy".
The "Alfano Law", one of Berlusconi's first acts after winning last
year's election, halted all the cases against him, including one
where he is accused of bribing British lawyer David Mills to give
false testimony to protect his businesses.
Two other cases, one accusing him of tax fraud and false accounting
in the purchase of TV rights by his Mediaset group and another
alleging he tried to corrupt opposition senators, have also been
frozen. Berlusconi denies any wrongdoing.
Prosecutors in those cases appealed to the Constitutional
Court.
The ruling comes at a time when the premier's normally high
approval ratings have been eroded by a series of sex scandals,
including prostitutes attending parties at his home -- one of whom
went public with some explicit recordings.
The centre-right plans a mass rally in coming weeks to show
solidarity with Berlusconi in the face of mounting opposition,
which Berlusconi says has been orchestrated by the left-wing press
in Italy and by biased Italian magistrates.
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