2 Policy

As he founded his Forza Italia party and entered politics, Silvio Berlusconi claimed to believe in "freedom, person (the individual), family, enterprise, Italian tradition, Christian tradition and love for weaker people" [5]. Forza Italia could be considered a liberal party, but it essentially lacks of a definite ideology. At present there had been three party conventions, all of them resolved in a Berlusconi showdown. Every man in the party apparatus is nominated by Berlusconi: for all these reasons, its political opponents call Forza Italia "the plastic party".

Some allies of Berlusconi, such as the Lega Nord (Northern League) push for a strong control of immigration and getting their support has required some changes in policies from Berlusconi. Berlusconi himself has shown some reluctance to pursue such policies as strongly as his allies might like[6]. Even so, a number of measures have been taken, but the effects are controversial. The government, after introducing a controversial immigration law (the "Bossi-Fini", from the names of Lega Nord and Alleanza Nazionale leaders) is searching for the cooperation of both European and other mediterranean countries to face the emergency of the landings to italian coasts, often causing loss of life.

The Berlusconi government has had a strong tendency to support American foreign policies despite the policy divide between the U.S. and many other founding members of European Union ( Germany, France, Belgium), a break from the traditional Italian foreign policy. Italy, with Berlusconi in office, became a substantial ally to the United States of America in 2003 as Berlusconi supported the American/British-led Iraq War to oust the regime of Saddam Hussein, in spite of the opposition of a large part of the public opinion.

Silvio Berlusconi, in his meetings with U.N. Secretary-General Kofi Annan and U.S. President George W. Bush, said that he pushed for "a clear turnaround in the Iraqi situation" and for a quick hand-over of sovereignty to the government chosen by the U.N.
Italy has some 2.700 troops deployed in Southern Iraq, the third largest contingent there after the american and british forces.

The government confirms the agenda to reduce taxes and simplify the taxation system for both privates and enterprises (Berlusconi himself engaged personally during his electoral campaign). The opposition claims these programs are not realistic in the present economic trend. The EU Commission also pushes for a strict budget control, to meet the european mandatory standards. It must be noted the italian State has historically a large debt (at the present time 106% of GDP) whose cost heavily burdens the annual budgets.

At the top of the government agenda are the big institutional reforms, an issue the coalition parties themselves have significantly different opinions about. Lega Nord puts the federal reform (more authorities to the Regions) as the condition itself for remaining in the coalition; Alleanza Nazionale pushes for the so-called "strong premiership" (more powers to the executive); UDC for an electoral law not damaging small parties (more proportional) and is against a federal reform that transfers to much jurisdiction from State to Regions. Berlusconi is trying a hard mediation and many believe that his being or not successfull in this task will determine his political fate at last. It must be noted that any change of the Constitutional Chart requires many steps in the Parliament and is subjected to final confirmative popular referendum.

3 Legislative actions

thumb Silvio Berlusconi meeting with Rick Perry, the Governor of Texas

Berlusconi's government passed many pieces of legislation. Within the 2001-2003 period, the government issued: 332 bills, 184 approved laws and 148 halfway, concerning matters like fiscal facilities for medium-low incomes, family relief, new jobs creation, start-up of big reforms and bureaucracy simplification.

Among the largest reforms were:

• The reform of the labour system
• The reform of the school system
• The law about large public works
• The new laws about the driver's license

In a controversial move, the Berlusconi government also presented a new media reform legislation. Among other things, such legislation increased the maximum limit on an individual's share of the media market, allowing Berlusconi to retain control of his three national TV channels. The legislation also enabled the roll-out of digital television and internet based publishing, and hence his government claimed it resolved the problem of conflict of interest and his media monopoly "by opening up more channels". See the section on media ownership for more information.

The new pensions' law, issued on July 2004, raised the minimim age for retirement and added incentives for delayed retirement. In Italy the pensions system is facing fincancial difficilties due to an increasing average age of the population.

4 Media Ownership

Berlusconi owns the Mediaset circuit, accounting for three out of nine national television channels, (around 45% of viewer share). Berlusconi also owns Il Giornale, a major national newspaper and Panorama, a news magazine. Berlusconi's brother has further interests in publishing.

Mediaset claims to use the same criteria as the public (state-owned) television RAI in assigning a proper visibility to all the most important political parties and movements (the so-called 'Par Condicio'). Yet, according to The Economist[7], which Berlusconi disputes, he controls "90% of all national television broadcasting". This measure includes stations he owns as well as those he has indirect control of through the post of Prime Minister and his ability to influence the choice of the management bodies of these stations.

The conflict of interest issues can be better understood in the context of the structure of control of the state media. The board of directors of RAI is appointed by both presidents of law-makers' chambers (Senate and Deputies). Although the presidents are chosen by the majority group, they are traditionally chosen in order to be acceptable by the opposition too. As of 2004 these positions are occupied by Marcello Pera and Pierferdinando Casini respectively. This consensus solution is typical of the Italian political system: the Constitution was approved in 1948, just after the fascist era, one of its most important aims being to carefully balance the different powers, thus avoiding concentration of excessive powers in any single person or institution. The Italian parliament established an oversight commission for radio and TV broadcasting services in 1975, including members of all parties. The chairman of this commission is traditionally a representative of the opposition (at the present time a member of DS-Ulivo party) [8])

The noted journalists Enzo Biagi and Michele Santoro and the satirist Daniele Luttazzi , who were critical of Berlusconi in some programs aired by RAI, have disappeared from RAI itself, but, despite accusations there has been no substantive evidence suggesting that Berlusconi was involved in these dismissals. In the meantime the competition between his own company Mediaset and RAI has become more intense with both groups trying hard to increase their own market share.

5 Berlusconi and controversy

Berlusconi has always been a controversial figure and it is through these controversies that he has become one of the best known leaders in Europe. The most famous incident which has been widely reported about Berlusconi is that, upon being rudely criticised by a German member of the European parliament Martin Schulz ( SPD) during Italy's presidency, he reacted with the words "Mr. Schulz, I know there is a producer in Italy who is making a film on the Nazi concentration camps. I will suggest you for the role of kapo. You'd be perfect." The reference to the Nazis caused an uproar in the 626-seat assembly and a short diplomatic crisis between Italy and Germany.

One of Berlusconi's strongest media critics outside Italy is a respected weekly magazine, The Economist (nicknamed by Berlusconi "The Ecommunist"). The war of words between Berlusconi and the Economist has been infamous and widely reported, with Berlusconi having an active court case in Rome against the Magazine whilst the Economist has continued by publishing open letters against him[9].

Some of his characteristic behaviour has been considered inappropriate by both opponents or some of his supporters as showing:

• Over-reaction to attacks of political opponents
• Exaggerated care for his own looks

For some this approach partly reflects an attempt to change the perception some people have about old-style politicians, considered distant from ordinary peoples' needs and attitudes.

However, a section of Italian public opinion complains that the focusing of the political debate over the positive/negative qualities of the premier takes attention off the country's real problems, and charges the most extreme wings of both majority and opposition of having caused this anomalous situation. Another viewpoint complains that Berlusconi himself started this personalization of political confrontation since his first public statements in 1994.

6 Legal investigations of Berlusconi

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He has been accused for many crimes related to his firms (Mediaset, Fininvest): he was accused of many cases of false accounting, tax fraud, bribery and corruption but the conviction yielded no actual prison sentences, as the trials took so long that they were closed because of the statute of limitations. A number of trials are still running, however.

Many suspects on his person are rised by his enduring refuse to explain his past: apparently, his empire was founded and developed with money (about 250 millions Euro) coming from nowhere and he never ever explained anything about where that money came from. More, he was part in the last 1970 decade and first '80 years of the freemason lodge "Propaganda 2", a large subversive association aiming to take control over the italian government. More, in his very home of Arcore, Berlusconi had employed for two years, as stableman, the mafia boss Vittorio Mangano.

During the Mani Pulite affair, many top level executive in Mediaset and Berlusconi's very brother, Paolo, were charged and condemned for tenths and even hundredths of accusation of bribery, false accounting, tax frauds and so on: this could be seen as a shield to relieve him from any responsibility, since it would be very odd that a CEO really ignores anything about what is happening within his firms.

In June 2003, facing further legal action, Silvio Berlusconi pushed through a controversial law granting himself immunity from prosecution while in office. Several members of the judiciary were prosecuted for taking bribes to make a decision in favour of Berlusconi but his own situation had been "frozen" by the new laws. In January 2004 his "immunity legislation" was annulled by the Constitutional court as it was ruled to have conflicted with the constitution. Subsequently Berlusconi has declared his intention to seek to re-introduce the law using the correct procedure for constitutional modification. In the meantime, his trial for corruption may recommence but it is unlikely to finish as there is ample opportunity for his legal team to use stalling tactics in order to exceed the time limits.

Judicial and customs investigators claim to have uncovered large offshore slush funds controlled by Berlusconi and his companies which were expected to lead prosecutions for financial and tax evasion offences. So far he has avoided prosecution, in part as a result of legislation his government majority has introduced such as de-criminalising "false" accounting and making it more difficult to obtain legal documents from overseas. Documentation from the Swiss government which Italian judges required for a corruption trial were only handed over after Italy agreed not to use them to prosecute Berlusconi for the Tax evasion offences they were accused of.

Members of the Pool rebelled themselves against the legitimate government when it proposed laws to limit their power (the parties of the government think they are excessive).

Berlusconi has also been indicted in Spain for a $25 million dollar tax fraud, but has used his status as a member of the European Parliament to gain immunity from prosecution.

6.1 Trials

Here, in detail, the trials involving Silvio Berlusconi.

6.1.1 Definitive judgments

False witness on Propaganda 2
The appeal court of Venice upheld Silvio Berlusconi's conviction for his testimony that he was not part of the freemason lodge "Propaganda 2": the crime was extinguished by the 1989 amnesty .

Bribes to Finance Guard ( corruption)
First Court: condemned to jail (2 years and 9 months) for four bribes.
Appeal court: statute of limitations expired for three bribes, acquitted (given the benefit of the doubt) on the fourth.

All Iberian 1 (illegal funding of a political party)
First Court: condemned to jail (2 years and 4 months) for paying 21 billion lire (about 10 million Euro) to Bettino Craxi via an offshore bank account codenamed "All Iberian".
Appeal Court: statute of limitations expired.

Medusa Cinema (false accounting)
First Court: sentenced to jail (16 months) for false accounting of 10 billion Lire (about 5 millions Euro) in some Silvio Berlusconi's bank accounts.
Appeal Court: acquitted (given the benefit of the doubt).

Lodo Mondadori (judge corruption)
Appeal Court: statute of limitations expired.

6.1.2 Trials still running (September 2004)

All Iberian 2 (false accounting)
Trial suspended: both the European Court of Justice and the Italian Constitutional Court are examining the new laws on social crimes approved by Berlusconi's Government. If the new laws are accepted, the crime statute of limitations will have expired.

Macherio estates (embezzlement, tax fraud, false accounting)
First Court: acquitted for embezzlement and tax fraud, statute of limitations expired for the two cases of false accounting.
Appeal Court: acquitted for embezzlement, tax fraud and the first case of false in budget; statute of limitations expired for the second.

Lentini affair (false accounting)
First court: crime prescripted (5 millions Euro paid offhand to Torino football club for buying the player Luigi Lentini).
Appeal court: still running.

Fininvest media group consolidated (false accounting)
crime prescripted (750 millions Euro of illegal (black) funds stored by Fininvest in 64 offshore societies) due to the new laws on false accounting recently approved by Berlusconi's government.

SME-Ariosto (judge corruption)
Trial suspended due to the "Lodo Maccanico", the new law recently approved by Italian government regarding the chargeability of the five highest state officers (premier, president of the Republic, Senate's president, Deputy Chamber's president, Constitutional Court's president).

SME-Ariosto (false in budget)
Trial suspended: the European High Court of Justice is examining the new Italian laws on social crimes (see trial on All Iberian 2 above).

7 External links

• Profile: Silvio Berlusconi, BBC
• Italy immunity law provokes fury, BBC news, 25 June 2003
• Berlusconi in EU 'Nazi' slur, BBC news, 2 July 2003
• Forza Italia Click on International for an English version.
• Berlusconi chronology on Ketupa
• Italy Approves Jail for P2P Users
• Forbes listing for Silvio Berlusconi
• Italian government: official Silvio Berlusconi biography

Berlusconi, Silvio Berlusconi, Silvio Berlusconi, Silvio Berlusconi, Silvio Berlusconi, Silvio

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