Berlusconi's swan song may not be easy listening for Letta

September has come, and summer is (almost) over - but the heat won't leave Italy for a bit. The Italian Senate's Immunities Committee has begun debating whether to strip Silvio Berlusconi of his seat as a result of his recent tax fraud conviction. As we wrote on this blog several times (see here, here and here), the outcome of the vote that will follow this debate could be decisive for the future of Prime Minister Enrico Letta's shaky coalition government.

A quick recap:

• Under Italy's new anti-corruption law, Berlusconi won't be able to stand for election for the next six years due to his tax fraud conviction. As we said, he also risks losing his seat in the Italian Senate.

• Berlusconi's PdL party wants to delay the vote in the Senate's Immunities Committee, arguing that the opinion of the Italian Constitutional Court and the ECJ should be sought first. The legal reasoning behind the request is that, according to Berlusconi's party, the anti-corruption law can't be applied retroactively - that is, it doesn't cover crimes committed before its entry into force in December 2012. The problem is the other parties (including Mr Letta's Democratic Party, currently in government with Berlusconi's PdL) are not on the same wavelength and want to wrap everything up as quickly as possible.

• A preliminary vote on the request to refer the matter to the Constitutional Court and the ECJ could take place tonight or tomorrow. It remains unclear when the final vote will happen. However, several key members of Berlusconi's party have made clear that, if the Committee refuses to delay the final vote, it will be the end of the coalition with Mr Letta's Democratic Party.

In other words, Italy seems to be heading towards fresh political instability. If the existing coalition collapsed, snap elections would become a concrete possibility - but not the only one. The ball would once again be in the court of Italian President Giorgio Napolitano, who would presumably try and put together an alternative majority (with the help of 'rebel' Senators from Beppe Grillo's Five-Star Movement and Berlusconi's party) before throwing the towel in and dissolving parliament. 

Colpevole: Supreme Court had bad news for Berlusconi (and the Italian government)

It took everyone a while to figure out what the Supreme Court final verdict in Silvio Berlusconi's tax fraud case meant in practice. Let's start from the easiest part: the four-year prison sentence has been definitively upheld. As we explained here, Berlusconi will only have to serve one year in reality - with house arrest or community service the most likely options, given his age.

The Supreme Court also said the five-year public office ban was excessive under Italian law and had to be cut down - so it referred it back to the Court of Appeal for review. In other words, it seemed Il Cavaliere had at least temporarily dodged the ban - arguably more important than the prison sentence from his point of view.

However, a new twist to the story emerged last night. Under Italy's new anti-corruption law, which was passed at the end of 2012 by Mario Monti's technocratic government, Berlusconi will not be allowed to stand for election for at least six years as a result of his tax fraud conviction. In practice, this means Berlusconi will not be able to run in the next Italian elections even if Letta's government saw through the entire five-year parliamentary term.

But there's more: Berlusconi also risks losing his seat soon(ish). According to the same law, the Italian Senate will have to vote on whether to expel Berlusconi with immediate effect. This vote will probably take place at some point in September - and will turn into a key test for the stability of Italy's coalition government.

So, in substance, the lose-lose scenario for Italian Prime Minister Enrico Letta's Democratic Party that we discussed here is materialising after all:

• If the Democratic Party votes to expel Berlusconi, it will put Italy's coalition government at risk;

• If the Democratic Party votes to keep Berlusconi in, it will put itself at risk of internal strains and criticism from angry voters. It would also provide a boost to Beppe Grillo's anti-establishment rhetoric.

At some point Mr Letta will have to decide whether it is acceptable for his party and his electorate to stay in government with a party whose leader has just been convicted for tax fraud. Italy's short-term political stability could also depend on the answer to this question.

Following the verdict, Berlusconi made a rather emotional statement. It was a political 'call to arms' for his supporters, with no mention of Letta or the future of Italy's coalition government. Berlusconi insisted he is the victim of "judicial doggedness without equal in the civilised world" and pledged to "fight on". We are pretty sure he will.

Verdict day for Berlusconi: Could a lose-lose scenario materialise for Letta?

Supreme Court judges in Rome have started deliberating, and the final verdict in Silvio Berlusconi's tax fraud case is expected by this evening. The former Italian Prime Minister is appealing against a four-year jail sentence and a five-year public office ban (see our reader-friendly Q&A for more details).

If the Supreme Court upholds the conviction, it would be the first time Berlusconi is issued with a definitive sentence, with no more appeals left. However, two further points of background are worth noting:

• As we explained in our Q&A, if Berlusconi were convicted by the Supreme Court, the Italian Senate would have to vote on whether to lift his parliamentary immunity. However, the immunity would not cover the jail sentence - which would be enforced anyway because it would be a definitive one (although in practice it would almost certainly amount to house arrest, given Berlusconi's age). 

• A majority of Italian Senators could potentially overturn the Supreme Court ruling on this point. This would mean that Berlusconi would not have to resign as a Senator, and would be allowed to stand for election in future.

Interestingly, Prime Minister Enrico Letta's centre-left Democratic Party (currently in a coalition with Berlusconi) could face a lose-lose situation there:

• If the Democratic Party helped vote Berlusconi out of parliament, it could put the government at risk.

• If the Democratic Party voted against the public office ban, it would presumably annoy many of its voters and allow Berlusconi to continue to exert direct influence on Italian politics. It would also provide ammunition to someone like Beppe Grillo, who would instantly claim that 'La Casta' (the caste) has closed ranks to protect Berlusconi. Of course, the Italian Senate going against a Supreme Court ruling would also be a pretty big thing.

Now, we have the joy of waiting for the verdict. Stay tuned @OpenEurope and @LondonerVince.

Q&A: All you need to know about Berlusconi's tax fraud trial and its potential implications for the Italian government

UPDATE (19:20): Supreme Court prosecutor Antonio Mura has just requested that Berlusconi's public office ban be cut to three years. The four-year prison sentence should be upheld, he said.

A very interesting development, although the Supreme Court would obviously be free to uphold the entire five-year ban if it wanted to. As we noted in our blog post from this morning, we will have to wait until tomorrow (or maybe even Thursday) before the final verdict is read out.

OUR ORIGINAL BLOG POST (10:58) 

The final hearing of Silvio Berlusconi's tax fraud case (the so-called 'Mediaset trial') has started in Italy's Supreme Court this morning. However, according to the Italian media, the verdict is likely to be read out tomorrow - or even on Thursday morning.

We thought a short Q&A would help highlight the potential significance of the ruling:

1. Which trial are we talking about? And where are we at?

We are talking about the so-called Mediaset trial, where Berlusconi faces tax fraud charges. The former Italian Prime Minister was found guilty by both the first-instance court and the Court of Appeal. He was sentenced to four years in prison and a five-year ban from holding public office. Therefore, he appealed to the Supreme Court. The Supreme Court is Italy's highest court, meaning that Berlusconi would have no more appeals left if the conviction were upheld.   

2. But he can still be acquitted, right?

Of course. The court can decide to clear Berlusconi completely. Or it can rule that the case must be re-examined by the Court of Appeal. This would increase the likelihood that the tax fraud charges against Berlusconi time out - since Italy's statute of limitations would kick in at some point during the late summer of 2014.

3. What happens if the Supreme Court upholds the conviction? Would the sentence be immediately effective?

No. Berlusconi is a Senator, so he is protected by parliamentary immunity. Therefore, a vote in the Italian Senate's Immunities Committee and a vote in the Senate plenary (most likely through a secret ballot) would be needed before the public office ban can be enforced. Berlusconi's party could be easily outvoted in both cases, but the outcome would be far from guaranteed in reality - not least because Berlusconi's party could threaten to withdraw its support to Prime Minister Enrico Letta's coalition government if the votes go 'the wrong way' from its point of view.

4. Would Berlusconi be likely to spend any time behind bars?

No. If the four-year prison sentence were upheld, three years would be remitted anyway due to an amnesty law passed by Romano Prodi's centre-left government in 2006. This would leave Berlusconi (a 77-year-old man) with only one year to serve - making either house arrest or community service the most likely options.

 5. Okay. Now, let's assume the Supreme Court upholds the tax fraud conviction and the Italian Senate rubber-stamps the public office ban. Berlusconi has to resign and is banned from holding public office for the next five years. What happens to the Italian government?

The short answer is, "Nobody knows". Several senior members of Berlusconi's party have evoked drastic retaliation (withdrawal from government, resignation en masse of Berlusconi's MPs and Senators, snap elections, and so forth). The truth is Il Cavaliere would make the final decision - and his party would then almost certainly follow the leader. Sure enough, there would be the potential to trigger a political crisis in Italy.

6. Could this be the end of the line for Berlusconi's political career?

Not entirely. Even if served with a five-year public office ban, Berlusconi could continue to lead his party - although he would not be allowed to stand for election. 

As usual, we recommend you follow us on Twitter @OpenEurope and @LondonerVince for all the updates from Rome.