Three preliminary questions, including the hypothesis of a suspension of work to ask for a opinion of the European Court of Justice – based in Luxembourg – on the possible violation of community rules by the Severino law. With this move, the rapporteur Andrea Augello (PDL) opened at 15 pm the work of the Junta for the elections and immunities of the Senate, the body called to express itself on Silvio Berlusconi's forfeiture from Palazzo Madama after his definitive condemnation at the end of the Mediaset trial . The Pd asked and obtained that the vote on the preliminary rulings be equivalent to the vote on the Augello report.
"I will have to take into account the appeal to the Strasbourg Court in my report", Augello explained later, referring in this case to the European Court of Human Rights, to which the Knight's defense has already appealed. In the first place, Strasbourg will have to ascertain whether or not the appeal is admissible: on average 90% of these evaluations result in a rejection, but three to four months are needed to arrive at the preliminary verdict. Furthermore, in the event that the appeal is accepted, for the judgment on the merits it will be necessary to wait for years (from two to four, on average).
“We await Augello's report – said the president of the Giunta, Dario Stefàno (SEL) entering the meeting -. But the junta will decide on the timing”.
Meanwhile Felice Casson, Pd senator, has already rejected the appeal presented in Strasbourg: “It is not admissible – he explained -. There is still no act from the Giunta: at least we have to wait for a decision to present an appeal”.
The final sentence of the Mediaset trial provides for four years' imprisonment reduced to one thanks to the pardon and five years of disqualification from holding public offices which the Court of Appeal - as established by the Cassation - will have to re-determine (the first meeting is set for 19 October).
The Severino law is in the PDL's sights because, in addition to providing for forfeiture from Parliament, it establishes that those sentenced to sentences of more than two years cannot be candidates for election for six years. A decidedly longer term than the one Berlusconi is preparing to serve with the accessory sentence, which will have to be re-determined in an interval of between one and three years.
The doubts about the applicability of the law to the Berlusconi case refer to the principle of the non-retroactivity of the penal law: the crime was in fact committed before the law was given the go-ahead. However, Cavaliere's opponents argue that ineligibility (which also brings with it the forfeiture of parliamentary status) is an administrative and not a criminal measure.
Appeal to the Court of Luxembourg would be an alternative route to appealing to the Italian Consulta, which would allow the PDL to gain time. The numbers in the Council are however unfavorable to the Cavaliere: the left exceeds the right 14 to eight.
