A law shielding Premier Silvio Berlusconi from prosecution was weakened by a top Italian court Thursday in a highly awaited and politically charged decision.
The Constitutional Court's ruling was seen as a compromise between judges who wanted to strike down the law completely, and those who wanted to keep it intact.
Berlusconi is a defendant in two trials in Milan, on corruption and tax fraud charges. The trials had been suspended because of the law, which was passed last year by Berlusconi's conservatives in parliament and immediately drew accusations it was tailor-made for the premier.
The legislation said trials can be automatically suspended by six months, and up to 18 months, if defendants say they have a "legitimate impediment" stemming from being premier or a member of government.
The Constitutional Court maintains the possibility of seeking a postponement due to "legitimate impediment."
But in a significant provision, it rejected as unconstitutional the automatic and enduring shield from trial provided by the legislation. The court gave judges trying Berlusconi the power to verify each time the claim to "legitimate impediment" is made by the defense and decide whether the premier should be exempt from trial.
It was the first time that a law shielding Berlusconi from prosecution has passed, however partially, the scrutiny of the Constitutional Court. In 2004 and 2009, broader immunity laws for Berlusconi had been fully rejected by the court, which had cited the principle that all citizens are equal under the law.
Berlusconi's lawyers, Nicolo Ghedini and Piero Longo, said in a joint statement that the general premise of the law had been recognized as "valid and effective, and this is reason for satisfaction." The statement said any practical implication would be assessed at a later stage.
There was no immediate comment from Berlusconi. Among his allies, some saw the glass as half-empty, some as half-full.
Sandro Bondi, the cultural minister and a close Berlusconi aide, said the ruling subverted democratic principles by giving the judiciary excessive powers over the executive. But Justice Minister Angelino Alfano said the ruling showed that even courts of law must take into account the peculiar commitments that stem from being prime minister.
Many in the opposition welcomed the ruling, saying it restored the principle that all citizens are equal under the law. Opposition leader Nichi Vendola said the court had rejected "an act of arrogance" from Berlusconi.
Still, constitutional law experts advise that now that the Constitutional Court has recognized the "legitimate impediment" principle, there are legal loopholes for Berlusconi's lawyers even when judges reject their claim to "legitimate impediment."
Berlusconi is coming off a turbulent period. The 74-Italian leader has been weakened by sex scandals, a fight with an ex-ally and a shaky parliamentary majority.
Still, the premier insisted before the ruling that his government's stability would not be affected by the decision, and that he is "totally indifferent as to whether the trials are suspended or not." He called the trials "ridiculous."
Berlusconi is accused of bribing British lawyer David Mills to lie in court in the 1990s to protect Berlusconi's interests. Mills was convicted in 2009 of having taken a $600,000 bribe, but the guilty verdict was overturned last year when Italy's highest criminal court ruled the statute of limitations had expired.
In the other trial, Berlusconi is accused of tax fraud in the purchase of TV rights by his Mediaset broadcasting empire.
He has denied wrongdoing and denounced calls left-leaning prosecutors intent on driving him out of office.
The "legitimate impediment" law will also be the object of a referendum, likely to be held in the spring. The referendum was proposed and sponsored by a political rival of Berlusconi, the former prosecutor Antonio Di Pietro, who has bitterly criticized the law.