AFP - The Italian Constitutional Court decided on Thursday to a compromise on the immunity law that protects the prime minister Silvio Berlusconi's trial will resume against him, but he may avoid appearing in his absence related to its function .
The law, partly invalidated by the Court, allowed far to Silvio Berlusconi, facing several lawsuits, not to appear in court as he leads the government.
Two trials against him in Milan, one for tax evasion (Case Mediaset) and one for corruption control (Mills trial) can therefore restart but the president of the Council will continue to enjoy a wide margin of maneuver for avoid.
The Court reduced the scope of the law called for "sufficient cause" adopted in April 2010 and valid until October 2011, without striking, eliminating the automatic nature that allowed Mr Berlusconi to avoid all appearance, a provision deemed "illegitimate."
Under the decision the 15 judges of the highest judiriction Italian, it will be conducting the trial judges to decide case by case whether the ground of "legitimate cause" provided is valid or not and if it is truly impossible to Mr.Berlusconi to attend the hearing because of his occupation.
The Court recognized as valid reasons, however participation in government meetings, meetings between State and regions, international summits and any kind of preparatory meetings or essential to the function of head of government.
Professor Giovanni Guzzetta, University of Tor Vergata in Rome, called the constitutional decision of "balanced".
Berlusconi's lawyers, Niccolo Ghedini and Piero Longo showed their "appreciation". They were pleased that the law "in its general framework has been recognized as valid and effective."
Osvaldo Napoli, vice-president of the LDP, the party of Mr.Berlusconi, the Chamber of Deputies, regretted that the leader of the government should now "take its time to explain why he did not have time to be in court." "Pontius Pilate would have been more daring," he said.
Evidence that the sentence tends to satisfy everybody, four members of the anti-Berlusconi Popolo Viola (purple people) have opened a bottle of bubbly to celebrate this "victory". "This award allows Berlusconi to try like everyone else, it means that the judge will decide when to call Berlusconi and Berlusconi will not see her coming," welcomed Gianfranco Mascia del Popolo Viola.
During a visit to Berlin on Wednesday, the eve of the verdict, Mr.Berlusconi had assured him that the Court's decision left him "completely cold", saying this would not prevent him from governing.
It would have been politically embarrassing but for Berlusconi to resume duty routinely appear in court when he has a slim majority in the House of Deputies for a total break with his former ally Gianfranco Fini, in late 2010.
Mr. Berlusconi, 74, has had numerous brushes with the law since he entered politics in 1993 but has never been definitively convicted.
Even if they will resume, as the court reporters from several newspapers, the trial against Mr. MilanBerlusconi took a long overdue and are to be prescribed even before reaching the decision of last instance (Court of Cassation).
