August 2, 2013 7:06 pm
The decision by the supreme court in Rome to uphold a four-year prison sentence for tax fraud against Silvio Berlusconi marks a watershed in Italy’s recent history.
It is not the first time judges have ruled against the man who has dominated Italian politics for the past two decades. But never before had Berlusconi been convicted. Many of the cases brought against him had elapsed, thanks to the snail-paced nature of Italy’s judicial system and the tycoon’s shameless tendency to change the law to slow down his trials.
Berlusconi swiftly used his TV channels to protest his innocence. He accused the magistrates of political bias. But he failed to produce any evidence to support his claims. Italians have heard this litany many times before.
Some argue that the crime for which Berlusconi has been convicted is minor when set against his enormous tax bills. But it is never right to dodge taxes. Lawmakers have a special responsibility to set the example, particularly in Italy, where widespread tax evasion is one of the main reasons for the dire state of the public finances.
The judges in Rome should be commended for their independence. It was not easy to rule against the leader of one of Italy’s largest parties, who commands considerable power and wealth. Some Rome-watchers had even thought that Berlusconi would be offered a silent amnesty in return for his choice to join a grand coalition after last February’s messy elections. The verdict shows no one is above the law.
At 76, Berlusconi is too old to be jailed. He can opt for house arrest or community service. But an anti-corruption law passed by the Monti government and supported by Berlusconi’s party means he will not be able to stand for election for at least six years. The Senate, where he holds a seat, will need to decide whether to expel him.
If Berlusconi had any shred of honour he should now resign. That would spare his fellow senators the embarrassment of ejecting a former prime minister. But if he does not take that course – something which his record suggests is likely – they should boot him out. Any other decision would be impossible to justify and would open a dangerous rift between the lawmakers and the judiciary.
It would be naive to expect the parliamentarians of the People of Liberty to turn their back on the party’s founder, leader and main financial supporter. Berlusconi has vowed to fight on and many of them will no doubt follow him. But the time is ripe for the emergence of a rightwing party that is ready to ditch Berlusconi’s brand of frenzied populism and embrace economic liberalism.
After years of ineffective showmanship, Italy would greatly benefit from it.
Copyright The Financial Times Limited 2013
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