Silvio Berlusconi.html



The Honourable  Silvio Berlusconi
Prime Minister of Italy
Incumbent
Assumed office  8 May 2008
President	Giorgio Napolitano
Preceded by	Romano Prodi
In office 11 June 2001 – 17 May 2006
President	Carlo Azeglio Ciampi
Deputy	Giulio Tremonti Gianfranco Fini Marco Follini
Preceded by	Giuliano Amato
Succeeded by	Romano Prodi
In office 27 April 1994 – 17 January 1995
President	Oscar Luigi Scalfaro
Deputy	Giuseppe Tatarella Roberto Maroni
Preceded by	Carlo Azeglio Ciampi
Succeeded by	Lamberto Dini
Minister of Foreign Affairs of Italy Acting
In office 6 January 2002 – 14 November 2002
Preceded by	Renato Ruggiero
Succeeded by	Franco Frattini
Minister of Economy and Finance of Italy Acting
In office 3 July 2004 – 16 July 2004
Preceded by	Giulio Tremonti
Succeeded by	Domenico Siniscalco
Minister of Health of Italy Acting
In office 10 March 2006 – 17 May 2006
Preceded by	Francesco Storace
Succeeded by	Livia Turco
Member of the Chamber of Deputies of Italy
In office 21 April 1994 – 13 April 2008
Constituency	XIX - Campania I
Member of the Chamber of Deputies of Italy
Incumbent
Assumed office  14 April 2008
Constituency	XVIII - Molise
Born	29 September 1936 (1936-09-29) (age 72) Milan, Italy
Political party	Forza Italia (People of Freedom)
Spouse	Carla Dall'Oglio (1965) Veronica Lario (1985)
Children	Marina Berlusconi Pier Silvio Berlusconi Barbara Berlusconi Eleonora Berlusconi Luigi Berlusconi
Residence	Arcore, Italy
Alma mater	University of Milan
Profession	Politician Businessman
Religion	Roman Catholic

Silvio Berlusconi (help·info) (born 29 September 1936) is an Italian politician, entrepreneur, real estate and insurance tycoon, bank and media proprietor, football team owner ( AC Milan) and songwriter. He is the second longest-serving Prime Minister of the Italian Republic (President of the Council of Ministers of Italy), a position he has held on four separate occasions: from 1994 to 1995, from 2001 to 2005, from 2005 to 2006, currently since 2008.¹ He is the leader of the Forza Italia political movement, a centre-right party he founded in 1993. Before the 2008 Italian general elections he announced his intention to establish a new political party, The People of Freedom (Il Popolo della Libertà), to be formed by the merging of Forza Italia with the National Alliance party (Alleanza Nazionale) and other anti-communist parties later in 2008. His victory in the 2008 general elections paved the way for a fourth mandate in office.

Berlusconi is the founder and major shareholder of Fininvest, one of the country's ten largest privately owned companies,² which currently operates in media and finance. Its portfolio includes three (out of nine) national analogue television channels, various digital television channels, as well as some of the larger-circulation newsmagazines. Together these account for nearly half the Italian market. He is the owner of many sport teams, the best known being the European football club AC Milan. Under his lead, AC Milan has won a number of national and international trophies. With Ennio Doris he founded Mediolanum SpA, one of Italy's biggest bank and insurance groups. Berlusconi, together with the Saudi Prince Al-Waleed bin Talal^{citation needed}, is the main shareholder of Mediaset, a publicly traded company. According to Forbes magazine, Berlusconi is Italy's third richest person, with personal assets worth $9.4 billion (USD) in 2008,³ preceded only by Michele Ferrero and Leonardo del Vecchio. With the neapolitan singer Mariano Apicella he wrote two Neapolitan song albums: Meglio 'na canzone in 2003 and L'ultimo amore in 2006. He wrote AC Milan's anthem with the Italian music producer and pop singer Tony Renis and Forza Italia's anthem with the opera director Renato Serio.

His political rise was rapid and surrounded by controversy. He was elected Member of Parliament for the first time and appointed as Prime Minister following the March 1994 snap parliamentary elections, when Forza Italia gained a relative majority a mere three months after having been officially launched. He formed the first centre-right administration in 34 years. However, his cabinet collapsed after seven months, due to internal disagreements in the centre-right coalition. In the April 1996 snap paliamentary elections, he ran for Prime Minister again but was defeated by centre-left candidate Romano Prodi. From 1996 to 2001 he was the leader of the parliamentary opposition. In the May 2001 parliamentary elections, he was again the centre-right candidate for Prime Minister and won against the centre-left candidate Francesco Rutelli. Berlusconi then formed his second and third governments, which together lasted five years.

Berlusconi was leader of the centre-right coalition in the April 2006 parliamentary elections, which he lost by a very narrow margin, his counterpart being again Romano Prodi. On 17 May 2006 he was formally succeeded by Prodi. From 2006 and 2008 he returned to be the leader of the parliamentary opposition. Less than two years since his 2006 resignation he was re-elected with a large majority in the snap parliamentary elections of April 2008 and sworn in again as prime minister on 8 May 2008 after the collapse, on 24 January 2008, of Romano Prodi's last government. (See also 2008 Italian political crisis)

Family background and private life

Berlusconi was born in Milan and raised there in an upper middle-class family. His father Luigi (1908–1989) was a bank employee, his mother was Rosa Bossi (1911–2008). Silvio was the first of three children; his siblings are Maria Francesca Antonietta Berlusconi (born 1943) and Paolo Berlusconi (born 1949), now both entrepreneurs.

After completing his secondary school education at a Salesian college, he studied law at the Università Statale in Milan, graduating with a thesis on the legal aspects of advertising in 1961. As the first-born child in his family,⁴ Berlusconi was not required to serve the standard one-year stint in the Italian army which was compulsory at the time. During his university studies he was an upright bass player in a group formed with the now Mediaset Chairman and amateur pianist Fedele Confalonieri and occasionally performed as cruise ship crooner.

In 1965 he married Carla Elvira Dall'Oglio, and they had two children: Maria Elvira, better known as Marina (born 1966) and Pier Silvio (b. 1968). By 1980, Berlusconi had established a relationship with the actress Veronica Lario (born Miriam Bartolini), with whom he subsequently had three children: Barbara (b. 1984), Eleonora (b. 1986) and Luigi (b. 1988). He was divorced from Dall'Oglio in 1985, and married Lario in 1990. At this time, Berlusconi was a well-known entrepreneur, and his wedding was a notable social event. One of his best men was former Prime Minister and leader of Italian Socialist Party Bettino Craxi.

Business career

Silvio Berlusconi (left) with Bettino Craxi (right), the then Prime Minister of Italy, in 1984.

Milano 2

Berlusconi's business career began in the building construction business in the 1960s. In the late 1960s, he had the idea of developing Milano 2, a garden city of around 3,500 flats, which he eventually built at Segrate on the eastern outskirts of Milan. How Berlusconi managed to finance the project is unclear. From the outset, in September 1968, his name disappears from all relevant legal documents, replaced by nominal proprietors of humble means, and only resurfaces in 1975^{citation needed}. The financing is lost in a series of offshore company transactions and financial Chinese boxes that investigating journalists, magistrates and historians have never managed to untangle.^{citation needed}

Telemilano

He first entered the media world in 1973 by setting up a small cable television Telemilano to service units built on his Segrate properties. It began transmitting in September the following year. After buying two further channels, Berlusconi relocated the station to central Milan in 1977 and began broadcasting over the airwaves.⁵

Fininvest

In 1978 Berlusconi formed his first media group, Fininvest, which in the five years leading up to 1983 earned 113,000,000,000 lire (the equivalent of about 260,000,000 euro at 1997 values). The funding sources are still unknown because of the complex system of holding companies that makes them impossible to trace, despite investigations conducted by various state attorneys.

Fininvest expanded into a country-wide network of local TV stations which had similar programming, forming, in effect, a single national network. This was seen as breaching the public broadcaster RAI's statutory monopoly on creating a national network which was later abolished. In 1980 Berlusconi founded Italy's first private national network Canale 5, followed shortly thereafter by Italia 1 which was bought from the Rusconi family in 1982, and Rete 4 which was bought from Mondadori in 1984^{citation needed}. On 16 October 1984 judges in Turin, Pescara and Rome, enforcing a law which then restricted nation-wide broadcasting to RAI, ordered these private networks to cease transmitting. Berlusconi was assisted in his successful effort to create the first and only Italian commercial TV empire by his connections to Bettino Craxi, secretary-general of the Italian Socialist Party and also prime minister of Italy at that time, whose government passed on 20 October 1984 an emergency decree legalizing the nation-wide broadcasting transmissions made by Berlusconi's television stations^{citation needed}. After some political turmoil in 1985 the decree was approved definitively. But for some years, Berlusconi's three channels remained in a legal limbo, and were not therefore allowed, for instance, to broadcast news and political commentary. They were fully elevated to national TV channels in 1990 with the so-called Mammì law.

In 1995, Berlusconi sold a portion of his media holdings, first to the German media group Kirch (now bankrupt) and then by public offer. In 1999 Berlusconi expanded again in the media business in a partnership with Kirch called the Epsilon MediaGroup.⁶

Current assets

Berlusconi's main company Mediaset comprises three national television channels, which hold approximately half the national viewing audience, and Publitalia, the leading Italian advertising and publicity agency. He also owns Arnoldo Mondadori Editore, the largest Italian publishing house, whose publications include Panorama, one of the most popular news magazine in Italy. He has interests in cinema and home video distribution firms (Medusa and Penta), insurance and banking (Mediolanum) and a variety of other activities. His brother, Paolo Berlusconi, owns and operates Il Giornale, a centre-right newspaper which provides a strong pro-Berlusconi slant on Italy and its politics.

Berlusconi also owns the nationally and internationally successful football club AC Milan which has made an important contribution to his continuing political success.
"Forza Italia" (meaning "Go Italy!", "Forward, Italy!" or simply "Italy Forward") was best known, before the political party of the same name was founded, as the slogan of the Italian national football team.⁷

Political career

Entering "the field"

«Italy is the country I love. Here I have my roots, my hopes, my horizons. Here I have learned, from my father and from life, how to be an entrepreneur. Here I have also acquired the passion for liberty. I have chosen to enter the field and become a public servant because I do not want to live in an illiberal country, ruled by immature forces and by people who are well and truly bound to a past that proved both a political and economic failure.»

—Silvio Berlusconi, discourse on Entering the field ("la discesa in campo") – 26 January 1994⁸

In the early 1990s, the five pro-western governing parties, Christian Democracy (Democrazia Cristiana), the Italian Socialist Party, the Italian Social-Democratic Party, the Italian Republican Party and the Italian Liberal Party, lost much of their electoral strength almost overnight due to a large number of judicial investigations concerning the financial corruption of many of their foremost members (see the Mani Pulite affair). This led to a general expectation that upcoming elections would be won by the Democratic Party of the Left, the heirs to the former Italian Communist Party, and their Alliance of Progressives coalition unless there was a strong alternative. Berlusconi publicly announced on 26 January 1994 his decision to enter politics, ("enter the field", in his own words) presenting his own political party, Forza Italia, on a platform focused on defeating the Communists. His political aim was to convince the voters of the Pentapartito, (i.e. the voters of the usual five governing parties of the Italian Republic) who were shocked and confused by Mani Pulite scandals, that Forza Italia was both the novelty and the continuity of the pro-western free market policies that the Italian governments had established since the end of the 2nd World War. Shortly after he decided to enter into politics, investigators into the Mani Pulite affair were said to be close to issuing warrants not only for his arrest but also for the chief executives of his business group. During his years of political career Berlusconi has repeatedly stated that the Mani Pulite investigations were led by communist prosecutors who wanted to establish a soviet-style government in Italy.^{citation needed}

1994 electoral victory

In order to win the March 1994 general election Berlusconi formed two separate electoral alliances: Pole of Freedoms (Polo delle Libertà) with the Lega Nord (Northern League) in northern Italian districts, and another, the Pole of Good Government (Polo del Buon Governo), with the post-fascist⁹ National Alliance (Alleanza Nazionale; heir to the Italian Social Movement) in central and southern regions. In a shrewd pragmatic move, he did not ally with the latter in the North because the League disliked them. As a result, Forza Italia was allied with two parties that were not allied with each other.

Berlusconi launched a massive campaign of electoral advertisements on his three TV networks. He subsequently won the elections, with Forza Italia garnering 21% of the popular vote, the highest percentage of any single party.¹⁰ One of the most significant promises that he made in order to secure victory was that his government would create "one million more jobs". He was appointed Prime Minister in 1994, but his term in office was short because of the inherent contradictions in his coalition: the League, a regional party with a strong electoral base in northern Italy, was at that time fluctuating between federalist and separatist positions, and the National Alliance was a nationalist party that had yet to renounce neo-fascism at the time.

Fall of the Berlusconi I cabinet

In December 1994 , following the communication of a new investigation from Milan magistrates that was leaked to the press, Umberto Bossi, leader of the Lega Nord, left the coalition claiming that the electoral pact had not been respected, forcing Berlusconi to resign from office and shifting the majority's weight to the centre-left side. Lega Nord also resented the fact that many of its MPs had switched to Forza Italia, allegedly lured by promises of more prestigious portfolios.

Berlusconi remained as caretaker prime minister for a little over a month until his replacement by a technocratic government headed by Lamberto Dini. Dini had been a key minister in the Berlusconi cabinet, and Berlusconi said the only way he would support a technocratic government would be if Dini headed it. In the end, however, Dini was only supported by most opposition parties but not by Forza Italia and Lega Nord. In 1996, this coalition was replaced, after a new election, by a centre-left government led by Romano Prodi.¹¹

Electoral victory of 2001

In 2001 Berlusconi again ran as leader of the centre-right coalition House of Freedoms (Casa delle Libertà), which included the Union of Christian and Centre Democrats, the Lega Nord, the National Alliance and other parties. Berlusconi's success in the May 2001 general election led to him becoming Prime Minister once more, with the coalition receiving 45.4% of the vote for the Chamber of Deputies and 42.5% for the Senate.

On a TV interview programme during the last days of the electoral campaign, Berlusconi created a powerful impression on the public by undertaking to sign a so-called Contratto con gli Italiani (Contract with the Italians) -an idea copied outright by his advisor Luigi Crespi from the Newt Gingrich's Contract with America introduced six weeks before the 1994 US Congressional election- ¹², which was widely considered to be a creative masterstroke in his 2001 campaign bid for prime ministership. In this solemn agreement, Berlusconi claimed he could improve several aspects of the Italian economy and life. Firstly, he undertook to simplify the complex tax system by introducing just two tax rates (33% for those earning over 100,000 euros, and 23 for the anyone earning less than that figure: anyone earning less than 11,000 euros a year would not be taxed); secondly, he promised to half the unemployment rate; thirdly, he undertook to finance and develop a massive new public works programme. Fourthly, he promised to raise the minimum monthly pension rate to 516 euros; and fifthly, he would suppress the crime wave by introducing policemen to patrol all local zones and areas in Italy's major cities.¹³ Berlusconi undertook to refrain from putting himself up for re-election in 2006, were he to fail to honour at least 4 of these 5 promises.

The Berlusconi II cabinet

Opposition parties claim Berlusconi was not able to achieve the goals he promised in his Contratto con gli Italiani. Some of his partners in government, especially the National Alliance and the Union of Christian and Centre Democrats have admitted the Government fell short of the promises made in the agreement, attributing the failure to an unforeseeable downturn in global economic conditions. Italian GDP grew very slowly, almost not at all, during Berlusconi's Government, while public debt rose quickly. Berlusconi himself has consistently asserted that he achieved all the goals of the agreement, and said his Government provided un miracolo continuo (a continuous miracle) that made all 'earlier governments pale' (by comparison). He attributed the widespread failure to recognize these achievements to a campaign of mystification and vilification in the printed media, asserting that 85% of newspapers were opposed to him.¹⁴ Luca Ricolfi, an independent analyst, held that Berlusconi had managed to maintain only one promise out of five, the one concerning minimum pension levels. The other four promises would in all likelihood not, in Luca Ricolfi’s view, be honoured. In particular, the undertakings on the tax simplification and the reduction of crime could not be kept by the end of Berlusconi’s premiership. Ricolfi thus concluded: "Therefore, if Berlusconi really does want to honour the Contract with the Italians, he should at the least renounce the idea of recandidating himself in the forthcoming political elections".¹⁵

Subsequent elections

House of Freedoms did not do as well in the 2003 local elections as it did in the 2001 national elections. In common with many other European governing groups, in the 2004 elections of the European Parliament, gaining 43.37% support. Forza Italia's support was also reduced from 29.5% to 21.0% (in the 1999 European elections Forza Italia had 25.2%). As an outcome of these results the other coalition parties, whose electoral results were more satisfactory, asked Berlusconi and Forza Italia for greater influence in the government's political line.

The Berlusconi III cabinet

In the 2005 regional elections (3 April/4 April 2005), the centre-left gubernatorial candidates won in 12 out of 14 regions where control of local governments and governorships were at stake. Berlusconi's coalition kept only two of the regional bodies (Lombardy and Veneto) up for re-election. Three parties, Union of Christian and Centre Democrats, National Alliance and New Italian Socialist Party, threatened to withdraw from the Berlusconi government. Berlusconi, after some hesitation, then presented to the President of the Republic a request for the dissolution of his government on 20 April 2005. On 23 April he formed a new government with the same allies, reshuffling ministers and amending the government programme. A key point required by the Union of Christian and Centre Democrats (and to a minor extent by National Alliance) for their continued support was that the strong focus on tax reduction central to the government's ambitions be changed.

The 2006 elections

Operating under a new electoral law written unilaterally by the governing parties over strong criticism from the parliamentary opposition, the April 2006 general election was held. The results of this election handed Romano Prodi's centre-left coalition "The Union" (Berlusconi's opposition) a very thin majority: 49.8% against 49.7% for the centre-right coalition "House of Freedoms" in the Lower House and a two-senator lead in the Senate. (158 senators for The Union vs 156 for the House of Freedoms) The Court of Cassation has subsequently validated the voting procedures and determined that the election process was constitutional.

According to the new electoral rules, The Union, (nicknamed "The Soviet Union" by Silvio Berlusconi) with a margin of only 25,224 votes (out of over 38 million voters), nevertheless won 348 seats (versus 281 for the House of Freedoms) in the lower house as a result of a majority premium given to whichever coalition of parties awarded more votes.
Ironically, the same electoral law that centre-right coalition had approved through shortly before the election, and for which Berlusconi had been accused of changing the law so that he would win anyway, caused his defeat and gave Prodi the chance to form a new cabinet. However Prodi's coalition consisted of a large number of smaller parties. If only one of the nine parties forming The Union withdrew its support to Prodi, his government would have collapsed. This situation was also the result of the new "diabolic" electoral system.¹⁶

Centrist parties, like the Union of Christian and Centre Democrats, immediately conceded The Union's victory, while other parties, like Berlusconi's Forza Italia and the Northern League, refused to accept its validity, right up until 2 May 2006, when Berlusconi submitted his resignation to President Ciampi.¹⁷

The 2008 elections

Berlusconi scored a strong victory against Walter Veltroni's coalition in both houses of the Italian Parliament in the general election held on 13/14 April 2008.

In the 315-member Senate of the Republic, Berlusconi was projected to control 174 seats to Veltroni's 134. In the Chamber of Deputies, Berlusconi's conservative bloc was leading by a margin of 9%, or 46.5% percent of the vote to 37.5%. Berlusconi capitalized on discontent over the nation's stagnating economy and the unpopularity of Prodi's government. His declared top priorities are the cleaning of piles of trash in the streets of Naples and the improvement of the Italian economy which underperformed the rest of the Eurozone for years. He also asserted to be open to work with the opposition, and pledged to fight tax evasion, reform justice and reduce public debt. He intended to reduce the number of Cabinet ministers to 12.¹⁸ Berlusconi and his ministers (Berlusconi IV Cabinet) were sworn in on 8 May 2008.¹⁹

Policies

This article or section contains weasel words, vague phrasing that often accompanies biased or unverifiable information. Such statements should be clarified or removed.

George W. Bush shakes hands with Silvio Berlusconi, during his visit to the Oval Office, Monday, 31 October 2005. White House photo by Eric Draper.

General guidelines and foreign policy

As he founded his Forza Italia party and entered politics, Berlusconi expressed his support for "freedom, the individual, family, enterprise, Italian tradition, Christian tradition and love for weaker people"²⁰ and his will to combat against the fiscal, judicial and bureaucratic oppression affecting the Italians. Forza Italia officially joined the European People's Party in 1999. Forza Italia has never held a formal party congress to formulate its rules, procedures, and democratic ballotting for candidates and issues. There are no known dissenting factions. At present three party conventions have been held, all of them resolved to support Berlusconi, and his re-election by acclamation. Some allies of Berlusconi, especially the Lega Nord, push for controls on immigration. Berlusconi himself has shown some reluctance to pursue such policies as strongly as his allies might like.²¹ A number of measures have been taken, with mixed results. The government, after introducing a controversial immigration law (the "Bossi-Fini", from the names of Lega Nord and National Alliance leaders) is searching for the cooperation of both European and other Mediterranean countries to face the emergency of the large number of immigrants trying to reach Italian coasts on old and overloaded ferries and fishing boats, risking (and, often, losing) their lives.

The cabinets chaired by Silvio Berlusconi have enhanced and strengthened the ties between Italy and Russia, which were already substantial in the Soviet Union period because during the Cold War Italy had the strongest communist party of the entire western Europe.^{citation needed} Vladimir Putin has expressed many times his appreciation for the attitude and the respect that Silvio Berlusconi has shown towards the leadership of the Russian Federation.^{citation needed} Berlusconi and his governments have had a strong tendency to support American foreign policies,^{citation needed} despite the policy divide between the U.S. and many other founding members of the European Union (Germany, France, Belgium) during the Bush administration. Under his lead the Italian Government also shifted its traditional position on foreign policy from being the most pro-Arab government among the western ones toward a greater friendship with Israel and Turkey^{citation needed} (Silvio Berlusconi acted as wedding witness for the son of the Turkish Prime Minister Recep Tayyip Erdoğan²²) than in the past, hence re-balancing the relations with all the mediterranean countries to reach an equal closeness with them. Italy, with Berlusconi in office, became a solid ally to the United States due to his support in the post-invasion phase following the 2003 invasion of Iraq.

From left to right: Jacques Chirac, George W. Bush, Tony Blair, and Silvio Berlusconi.

Berlusconi, in his meetings with United Nations 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 Iraqi people.^{citation needed} Italy had some 3,200 troops deployed in Southern Iraq, the third largest contingent there after the American and British forces.^{citation needed} Italian troops were gradually withdrawn from Iraq in the second half of 2006 with the last soldiers leaving the country in December of the same year.

Attempt to reform the Italian Constitution

A key point in Berlusconi's government programme was a planned reform of the Italian Constitution, which Berlusconi considered to be 'inspired by [the] Soviets',²³ an issue the coalition parties themselves initially had significantly different opinions about. The Lega Nord insisted on a federalist reform (devolution of more power to the Regions) as the condition itself for remaining in the coalition. The National Alliance party pushed for the so-called 'strong premiership' (more powers to the executive), intended as a counterweight to any federalist reform, in order to preserve the integrity of the nation. The Union of Christian and Centre Democrats asked for a proportional electoral law that would not damage small parties and was generally more willing to discuss compromises with the moderate wing of the opposition.

Difficulties in arranging a mediation caused some internal unrest in the Berlusconi government in 2003, but then they were mostly overcome and the law (comprising power devolution to the regions, Federal Senate and "strong premiership") was passed by the Senate in April 2004; it was slightly modified by the Chamber of Deputies in October 2004, and again on October 2005 and finally approved by the Senate on 16 November 2005 with a bare majority. Approval in a referendum is necessary in order to amend the Italian Constitution without a qualified two-thirds parliamentary majority. The referendum was held on the 25th and 26 July 2006 and resulted in the rejection of the constitutional reform, refused by 61.3% of the voters.

Legislative actions

During the legislative period from 2001 to 2006, Berlusconi's parliamentary majority passed many pieces of legislation, among which:

• The law on large public works. ("Highways on the sea" project, high speed railways Turin-Milan-Florence-Rome-Naples and Turin-Verona-Venice; MOSE project saving city of Venice; bridge between Sicily and mainland Italy; underground in Rome, Parma, Naples, Turin, Milan; modernisation of highways and water structures in southern Italy)^{citation needed}
• The reform of the labour system, with the so called "legge 30" or "legge Biagi", (named after the Italian professor of labour law killed by the communist terrorist group Red Brigades due to his role as economic advisor to Berlusconi administration) promoting labour flexibility for new workers. This law may be seen as an important achievement, leading to a lower unemployment level and an increase in occupation. ²⁴
• The new pensions' law, issued on July 2004, raised the minimum age for retirement and added incentives for delayed retirement. The so called "Maroni Reform", named after the former Minister of Welfare, should have gradually raised the age of retirement. ²⁵ Before the reform came into force in 2008, it was stopped by the newly elected center-left government. Instead of 60 years, the minimum age was reduced again to 58 years. ²⁶
• The reform of the school system, called "riforma Moratti", named after the former Education Minister, that was quickly put under revision by centre-left government when Romano Prodi returned to power.
• The reform of rules regarding drivers' licenses, led to a significant decrease in car accidents, in particular of lethal car accidents, according to the Italian police department. ²⁷
• The harsh "Article 41-bis prison regime" for Mafia leaders was legally made a permanent provision. Under previous law, it had to be confirmed every two years.
• Abolition of donation and inheritance taxes (these taxes had previously been abolished only for low-income and medium-income taxpayers) - reinstated for all the Italians, but with lower rates than previously, by the government of Romano Prodi. ²⁸
• The complete abolition of compulsory military service for all male Italians, anticipating the deadline set in a law passed by the center-left government.
• The banning of smoking in offices, pubs, restaurants and all closed public places, which came into effect in January 2005. ²⁹
• The Urbani decree, named after the Ministro per i beni e le attività culturali Giuliano Urbani, punishing whoever circulates, even via file sharing software, a film or other copyrighted material or part of it, or enjoys it with the same technology, with a 1,500 € fine, the confiscation of the instruments and the material, and the publication of the measure on a national daily paper and a periodical about shows. The decree was later modified by the parliament to include only copyright violation for the purpose of profit, where "profit" also includes the savings due to not buying the software^{citation needed}. The Court of Cassation, however, sentenced that "profit" only means an actual "significant monetary profit".
• The increase in taxation on blank data storage devices — this was required by a European Union directive, but the fee in Italy is much higher than in most other EU countries, so that many people now buy them abroad.^{citation needed}
• The law regulating artificial insemination, banning research on embryonic stem cells, pre-implant diagnosis and insemination by donors other than the husband, forcing women to being implanted after the embryo creation even in case of genetic diseases, recognising the embryo as a human rights bearer. The abrogation of the most controversial items has been the object of an unsuccessful popular referendum called in June 2005 by former allies such as the Italian Radicals, together with some (but not all) parties of L'Unione.
• The reform of the electoral law. The First Past the Post system, which had been approved by popular vote in a 1993 referendum, was replaced by a proportional representation system with a majority prize for the winning coalition. (See also the page on the Parliament of Italy in the section "Electoral System")

Other laws were particularly at issue, the opposition considering them to be aimed to benefit Berlusconi and his partners:

• The Gasparri Law, i.e. a law comprising a new media reform legislation replacing the Mammì Law. 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 (one of which was still using a frequency which by law should have gone to another channel). 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". The law was initially vetoed by the President of the Republic, Carlo Azeglio Ciampi, on charges of being anti-constitutional. After being slightly modified, the law was definitively adopted on 3 May 2004.^{citation needed}
• A much shorter statute of limitation for most crimes, coupled with an increase in sanctions for repeated offenders. The opposition argued that this law was designed to save a close friend of Berlusconi, Cesare Previti, from corruption charges; however, after modifications in parliament, Previti was excluded from the benefits of this law. However, the Constitutional Court had to abolish this exclusion, on ground of equality of all citizens before the law, so at last Previti did benefit from this law.
• The suspension of criminal trials against the five highest officers of the state during their terms: the so called "Lodo Maccanico", or "Lodo Schifani", was declared unconstitutional in 2004. In July 2008 a similar bill, named "Lodo Alfano", was approved by the Parliament. Under the "Lodo Alfano" act, immunity is guaranteed for the four highest public servants. (President of the Republic, Speakers of the Houses of Parliament and Prime Minister)
• The decriminalization of false account statements and their punishment with administrative fines, if the alteration is less than 5% of profits or 1% of total assets; otherwise it is still a crime, to be sanctioned with up to 6 years of prison.³⁰

In the last few weeks before the April 2006 general election, Berlusconi's parliamentary majority approved many disputed bills. For example, a bill about the Winter Olympics also included controversial provisions tightening penalties for drugs use and peddling.
One of these acts was a penal code reform forbidding prosecutors to appeal against acquittals (defendants could still appeal, though). This law was not signed by President Carlo Azeglio Ciampi , but eventually it went through both houses of parliament again, forcing the head of state to sign. Anyway the law was declared unconstitutional by the Constitutional Court, since the constitution of Italy provides for equal rights for prosecutors and defendants.³¹

The "judicial persecution"

«I'm the universal record-holder for the number of trials in the entire history of man -- and also of other creatures who live on other planets.»

—Silvio Berlusconi, at the G8 press conference in Hokkaido – 5 July 2008 ³²

Clear record up to now

Silvio Berlusconi has an extensive record of criminal allegations, including mafia collusion, false accounting, tax fraud, corruption and bribery of police officers and judges. Berlusconi has been tried in Italian courts in several cases. (see also the page on Berlusconi's trials) In all of them, but one, he was either acquitted by a court of first instance or on appeal, or when proceedings came to a halt because the statute of limitations had expired. Therefore he has a clear record up to now. Berlusconi claimed that "this is a manifest judicial persecution, which I am proud to resist, and the fact that my resistance and sacrifice will give the Italians a more fair and efficient judicial system makes me even more proud".³³ Berlusconi has always been able to afford top lawyers, for example Nicolas Sarkozy was one of his french top advocates. Some of his former prosecutors are members of the parliamentary opposition (like Antonio Di Pietro). Some of his attorneys are also members of parliament and have been working as both lawyers on his trials and members of the parliament rewriting the laws involved in those trials.

Main article: Trials involving Silvio Berlusconi

Delaying tactics

The Italian legal system allows the statute of limitations to continue to run during the course of the trial. Consequently, the delaying tactics adopted by Berlusconi's attorneys (including repeated motions for change of venue) have served to nullify pending charges and avoid legal scrutiny of his actions on many occasions. Some of Berlusconi's close collaborators, friends and firm managers have been found guilty of related crimes, notably his brother, Paolo, who in 2001 agreed to pay 100,000,000 Italian Liras (52,000 Euros) as a plea bargain for various charges including corruption.

False testimony regarding membership of the "Propaganda Due" (P2) masonic lodge

Receipt for membership of Silvio Berlusconi to "Propaganda Due" (P2) masonic lodge

In 1981, a scandal arose after the police discovery of Licio Gelli's secret freemasonry lodge Propaganda Due (P2), which aimed to change the Italian political system to a more authoritarian regime to oppose communism. The list of people involved in P2 included members of the secret services and some prominent characters from political arena, business, military and media. Silvio Berlusconi, who was then just starting to gain popularity as the founder and owner of "Canale 5" TV network, was listed as a member of P2.³⁴³⁵ The P2 lodge was dissolved by the Italian Parliament in December 1981 and a law was passed declaring similar organizations illegal, but no specific crimes were alleged against individual members of the P2 lodge.^{citation needed}.

Berlusconi later (in 1989) sued three journalists for libel for writing articles hinting at his involvement in financial crimes. In court, he declared that he had joined the P2 lodge "only for a very short time before the scandal broke" and "he had not even paid the entry fee". Such statements conflicted with the findings of the parliamentary inquiry commission appointed to investigate the lodge's activity, with material evidence, and even with previous testimony of Berlusconi, all of which proved that he had actually been a member of P2 since 1978 and had indeed paid 100,000 Italian liras of the time as an entry fee. In 1990 the court of appeal of Venice convicted Berlusconi guilty of false testimony in front of the Court of Verona, however the court did not proceed to sentence because the wrongdoing had been extinguished by an amnesty passed in 1989.³⁶

Some political commentators claim that Berlusconi's electoral programme followed the P2 plan.³⁷

"Jowellgate"

The link between him and the difficulties of British Culture Secretary, Tessa Jowell, has attracted less media attention in Italy than in the United Kingdom, where the media has sensed a whiff of something scandalous (or at least hypocritical and embarrassing) for the government. David Mills, lawyer husband of the British cabinet minister in the Blair government, had acted for Berlusconi in the early 1990s and has been accused by Italian prosecutors of money laundering and of accepting a gift from Berlusconi in return for friendly evidence given as a prosecution witness against Berlusconi. However, Mills has asserted that the money in question did not come from Berlusconi but from another client. No formal indictment has yet been issued but on 10 March 2006 it was reported that prosecuting magistrates in Italy had submitted evidence to a judge, seeking an indictment for bribery against Berlusconi and Mills²⁷: all parties vehemently deny wrong-doing and Berlusconi commented that the timing showed that the prosecution is political. Berlusconi denied meeting Mills. The British media have not yet unearthed anything to warrant Jowell's resignation or which proves the guilt of Mills, Berlusconi or their intermediaries. Mills separated from his wife around this time.

Main article: Tessa Jowell financial allegations

Controversies

The debate about motives

According to journalist Marco Travaglio, Berlusconi entered politics to save his companies from bankruptcy and himself from convictions.³⁸ From the very beginning he said it clearly to his associates. Berlusconi's supporters hailed him as the "new man", an outsider who was going to bring a new efficiency to the public bureaucracy and reform the state from top to bottom.

While investigating these matters, three journalists noted the following facts:

• Mediobanca's annual report about the 10 biggest Italian companies showed that, in 1992, Berlusconi's media and finance group Fininvest had about 7,140 billion lire of debts, 8,193 billion lire of assets (with 35% of liquidity) and a net worth (that is, assets minus debts) of 1,053 billion lire. The asset-debt ratio represented a patrimonial situation bordering on bankruptcy.^{citation needed}
• Between 1992 and 1993, Fininvest was investigated several times by prosecutors in Milan, Turin and Rome. The investigations regarded: alleged bribes (to political parties and public officials with the aim of getting contracts), alleged fake invoicing by Publitalia, the financing of political congresses and abuse of television frequencies.

Bettino Craxi

Berlusconi's career as an entrepreneur is also often questioned by his detractors. The allegations made against him generally include suspicions about the extremely fast increase of his activity as a construction entrepreneur in years 1961-63, hinting at the possibility that in those years he received money from unknown and possibly illegal sources. These accusations are regarded by Berlusconi and his supporters as empty slander, trying to undermine Berlusconi's reputation of a self-made man. Frequently cited by opponents are also events dating to the 1980s, including supposed "favour exchanges" between Berlusconi and Bettino Craxi, the former Socialist prime minister and leader of the Italian Socialist Party indicted in 1992-94 for various corruption charges. Berlusconi acknowledges a personal friendship to Craxi.

On some occasions, which raised a strong upheaval in the Italian political opposition, laws passed by the Berlusconi administration have effectively delayed ongoing trials on him. Relevant examples are the law reducing punishment for all cases of false accounting and the law on legitimate suspicion, which allowed defendants to request their cases to be moved to another court if they believe that the local judges are biased against them. ^7,8 Because of these legislative actions, political opponents accuse Berlusconi of passing these laws on the purpose of protecting himself from legal charges; Berlusconi and his allies, on the other hand, maintain that such laws are consistent with everyone's right to a rapid and just trial, and with the principle of presumption of innocence (garantismo); furthermore, they claim that Berlusconi is being subjected to a political "witch hunt", orchestrated by certain (allegedly left-wing) judges ¹¹.

For such reasons, Berlusconi and his government have an ongoing quarrel with the Italian judiciary, which reached its peak in 2003 when Berlusconi commented to a foreign journalist that judges are "mentally disturbed" and "anthropologically different from the rest of the human race", remarks that he later claimed he meant to be directed to specific judges only, and of a humorous nature¹². More seriously, the Berlusconi administration has long been planning a judiciary reform intended to limit the flexibility currently enjoyed by judges and magistrates in their decision-making, but which, according to its critics, will instead limit the magistrature's independence, by de facto subjecting the judiciary to the executive's control. This reform has met almost unanimous dissent from the Italian judges ^13,14 and, after three years of debate and struggle, was passed by the Italian parliament in December 2004, but was immediately vetoed by the Italian President, Carlo Azeglio Ciampi ¹⁵, who said some of the passed laws were "clearly unconstitutional".

Berlusconi has also been indicted in Spain for charges of tax fraud and violation of anti-trust laws regarding the private TV network Telecinco, but his status as a member of the European Parliament allowed him to gain immunity from prosecution until 2005.¹⁶ All the accused have been acquitted by the Spanish "Corte de Casacion" in July 2008.^{39 40}

Alleged links to the Mafia

Silvio Berlusconi has never been tried on charges relating to the Mafia, although several Mafia turncoats have alleged that Berlusconi had connections with the Sicilian criminal association, Genovese Family in New York, NY. The claims arise mostly from the hiring of Vittorio Mangano, charged for Mafia association, as a gardener and stable-man at Berlusconi's Villa San Martino in Arcore, a small town near Milan. It was Berlusconi's friend Marcello Dell'Utri (convicted of extortion in association with Cosa Nostra in 2004) who introduced Mangano to Berlusconi in 1973. Mangano's real job is alleged to have been to deter kidnappers from targeting the tycoon's children.⁴¹⁴² Berlusconi denied any ties to the Mafia.

Heated debate on this issue emerged again in 2004 when Dell'Utri, the manager of Berlusconi's publishing company Publitalia 80 and a Forza Italia senator was sentenced to nine years by a Palermo court on charge of "external association to the Mafia",⁴²⁴³ a sentence describing Dell'Utri as a mediator between the economical interests of Berlusconi and members of the criminal organization. Berlusconi refused to comment on the sentence.

In 1996, a Mafia supergrass, Salvatore Cancemi, declared that Berlusconi and Dell'Utri were in direct contact with Salvatore Riina, head of the Sicilian Mafia in the 1980s and 90s. Cancemi disclosed that Fininvest, through Marcello Dell'Utri and mafioso Vittorio Mangano, had paid Cosa Nostra 200 million lire (100 000 euro) annually. The alleged contacts, according to Cancemi, were to lead to legislation favourable to Cosa Nostra, in particular the harsh 41-bis prison regime. The underlying premise was that Cosa Nostra would support Berlusconi's Forza Italia party in return for political favours. ⁴⁴ After a two-year investigation, magistrates closed the inquiry without charges. They did not find evidence to corroborate Cancemi’s allegations. Similarly, a two-year investigation, also launched on evidence from Cancemi, into Berlusconi’s alleged association with the Mafia was closed in 1996.⁴¹

According to yet another mafia turncoat, Antonino Giuffrè – arrested on 16 April 2002 – the Mafia turned to Berlusconi's Forza Italia party to look after the Mafia's interests, after the decline in the early 1990s of the ruling party Christian Democracy, whose leaders in Sicily looked after the Mafia's interests in Rome. The Mafia's fall out with the Christian Democrats became clear when Salvo Lima was killed in March 1992. "The Lima murder marked the end of an era," Giuffrè told the court. "A new era opened with a new political force on the horizon which provided the guarantees that the Christian Democrats were no longer able to deliver. To be clear, that party was Forza Italia." ⁴⁵ Dell'Utri was the go-between on a range of legislative efforts to ease pressure on mafiosi in exchange for electoral support, according to Giuffrè. "Dell'Utri was very close to Cosa Nostra and a very good contact point for Berlusconi," he said.⁴⁶ Mafia boss Bernardo Provenzano told Giuffrè that they "were in good hands" with Dell'Utri, who was a "serious and trustworthy person". Provenzano stated that the Mafia's judicial problems would be resolved within 10 years after 1992, thanks to the undertakings given by Forza Italia.⁴²⁴⁵ Giuffrè said that Berlusconi himself used to be in touch with Stefano Bontade, a top Mafia boss, in the mid 1970s. At the time Berlusconi still was just a wealthy real estate developer and started his private television empire. Bontade visited Berlusconi's villa in Arcore through his contact Vittorio Mangano.⁴⁷ Berlusconi's lawyer dismissed Giuffrè's testimony as "false" and an attempt to discredit the Prime Minister and his party. Giuffrè said that other Mafia representatives who were in contact with Berlusconi included the Palermo Mafia bosses Filippo Graviano and Giuseppe Graviano.⁴⁸ The Graviano brothers allegedly treated directly with Berlusconi through the business-man Gianni Letta, somewhere between September/October 1993. The alleged pact with the Mafia fell apart in 2002. Cosa Nostra had achieved nothing. ⁴⁹

Dell'Utri's lawyer, Enrico Trantino, dismissed Giuffrè’s allegations as an "anthology of hearsay". He said Giuffrè had perpetuated the trend that every new turncoat would attack Dell'Utri and the former Christian Democrat prime minister Giulio Andreotti in order to earn money and judicial privileges. ⁵⁰

The Economist

One of Berlusconi's strongest critics in the media outside Italy is the British weekly The Economist (nicknamed by Berlusconi "The Ecommunist"), which in its issue of the 26 April 2001 carried a title on its front cover, 'Why Silvio Berlusconi is unfit to lead Italy'.⁵¹ The war of words between Berlusconi and The Economist has gained notoriety, with Berlusconi taking the publication to court in Rome and The Economist publishing letters against him.⁵² The newspaper claimed that the documentation contained in its article proves that Berlusconi is 'unfit' for office ⁵³ because of his numerous conflicts of interest. Berlusconi claimed the article contained "a series of old accusations" that was an "insult to truth and intelligence".

According to The Economist's findings, Berlusconi, while Prime Minister of Italy, retained effective control of 90% of all national television broadcasting. This figure included stations he owns directly as well as those over which he had indirect control by dint of his position as Prime Minister and his ability to influence the choice of the management bodies of these stations. The Economist has also claimed that the Italian Prime Minister is corrupted and self-serving. A key journalist for The Economist, David Lane, has set out many of these charges in his book Berlusconi's Shadow.⁵⁴

Lane points out that Berlusconi has not defended himself in court against the main charges, but has relied upon political and legal manipulations, most notably by changing the statute of limitation to prevent charges being completed in the first place. In order to publicly prove the truth of the documented accusations contained in their articles, the newspaper has publicly challenged Berlusconi to sue The Economist for libel and Berlusconi did it, losing versus the Economist, and being charged for all the trial costs on 5 September 2008, when the Court in Milan issued a judgment rejecting all Mr Berlusconi's claims. The full judgment, in Italian, is available here.

Influence on the media

Berlusconi's extensive control over the media has been widely criticised by both analysts⁵⁵ and press freedom organisations, who allege Italy's media has limited freedom of expression. The Freedom of the Press 2004 Global Survey, an annual study issued by the American organization Freedom House, downgraded Italy's ranking from 'Free' to 'Partly Free' ⁵⁶ due to Berlusconi's influence over RAI, a ranking which, in "Western Europe" was shared only with Turkey (as of 2005^[update]). Reporters Without Borders states that in 2004, "The conflict of interests involving prime minister Silvio Berlusconi and his vast media empire was still not resolved and continued to threaten news diversity". ⁵⁷ In April 2004, the International Federation of Journalists joined the criticism, objecting to the passage of a law vetoed by Carlo Azeglio Ciampi in 2003, which critics believe is designed to protect Berlusconi's reported 90% control of the Italian national media.⁵⁸

Berlusconi's influence over RAI became evident when in Sofia, Bulgaria he expressed his views on journalists Enzo Biagi and Michele Santoro ⁵⁹, and comedian Daniele Luttazzi. Berlusconi said that they "use television as a criminal mean of communication". They lost their jobs as a result. ⁶⁰ The TV broadcasting of a satirical programmme called Raiot was censored in November 2003 after the comedienne Sabina Guzzanti, made outspoken criticism of the Berlusconi media empire.⁶¹ Mediaset, one of Berlusconi's companies, sued RAI over Guzzanti's program, demanding 20 million euros for "damages"; in November 2003 the show was cancelled by the president of RAI, Lucia Annunziata. The details of the event were made into a Michael Moore-style documentary called Viva Zapatero!, which was produced by Guzzanti.

Mediaset, Berlusconi's television group, has stated that it uses 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') - which has been since often disproved.^{citation needed} However, the majority of national press, which includes the three largest Italian printed dailies, La Repubblica, Il Corriere della Sera and La Stampa, tend to be either independent of Berlusconi, or, as in the case of La Repubblica, to be actively critical of him.^{citation needed} In March 2006, on the Rai Tre, in a television interview with Lucia Annunziata, he stormed out of the studio because of a disagreement with the host journalist regarding the economic consequences of his government.⁶²

Conflicts of interest

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To understand the controversies over a conflict of interest between Berlusconi's personal business empire and his political functions, one must examine the structure of governmental control over the state media. The law allowed the two presidents of the Lower and Upper Houses to nominate the president of RAI and its board of directors. In practice, the decision is a political one, which generally results in some opposition representatives becoming directors, while appointments are made by the government to secure a majority by allocating top managerial posts to people sympathetic to the existing government. It was normal to have two directors and the president for the parliamentary majority, and two directors for the opposition. A parliamentary supervisory commission also exists, whose president, by tradition, is a member of the opposition. During the Baldassarre presidency of RAI, the two opposition directors and the one closer to the Union of Christian and Centre Democrats left over internal disagreements that mainly regarded issues of censorship. RAI continued to be run by a two-man team (mockingly nicknamed by the opposition the Japanese after the Japanese soldiers who kept fighting on in the Pacific Ocean after the end of World War II).

The former Italian Left coalition under Prodi had been often criticized for not approving a law to regulate the potential conflict of interest that might arise between media ownership and the holding of political office, despite having governed Italy for an entire legislature from 1996 to 2001. In 2002, Luciano Violante, a prominent member of the Left, said the following in a speech in Parliament:

Honourable Anedda, I invite you to ask the honourable Berlusconi, because he certainly knows that he received a full guarantee in 1994, when the government changed — that TV stations would not be touched. He knows it and the Honourable Letta knows it⁶³

The authors of the book Inciucio²⁶ cite this sentence as evidence for the idea that the Left made a deal with Berlusconi in 1994, in which a promise was made not to honour a law in the Constitutional Court of Italy that would have required Berlusconi to give up one of his three TV channels in order to uphold pluralism and competition. According to the authors, this would be an explanation of why the Left, despite having won the 1996 elections, didn't pass a law to solve the conflicts of interest between med