Criminal exemptions for the President and Government members beyond the scope of their government duties in Italy

Authors

  • Alessandro Pace

Keywords:

Equality before the law, parliamentary inviolability, immunity, President of the Republic, Prime Minister, Berlusconi

Abstract

This essay analyzes the political and constitutional consequences of the legal amendments done or proposed by Berlusconi’s Government, considered under the requirements of the principle of equality before the law granted by art. 3 of the Constitution of the Republic of Italy. The aim of the amendments is to increase the Prime Minister, Ministers and Head of State’s sphere of immunity. The opinion of the author is that this attempt goes farther than allowed by articles 68 (parliamentary inviolability), 90 (exceptions to immunity of the President of the Republic) and 96 (principle of responsibility of the Members of the Government) of the Constitution.