Information Note on the Court’s case-law 208

June 2017

Berlusconi v. Italy (relinquishment) - 58428/13

Article 3 of Protocol No. 1

Stand for election

Removal from elected office pursuant to legislation introduced after commission of impugned offence: relinquishment in favour of the Grand Chamber

Article 7

Article 7-1

Nulla poena sine lege

Removal from elected office pursuant to legislation introduced a fter the impugned offence had been committed: relinquishment in favour of the Grand Chamber

In 2012 the applicant, a former prime minister, was found guilty of tax fraud by a District Court and sentenced to a term of imprisonment and to an ancillary penal ty of five years’ disqualification from public office (reduced to two years on appeal).

In February 2013 the applicant was elected to the Senate. In August 2013 the Senate Commission for elections and parliamentary immunities initiated the procedure for hi s removal from office. On 15 October 2013 it reported to the Senate, which, on 27 November 2013, declared the applicant’s office terminated.

In his application of 10 September 2013 to the European Court, the applicant complains of (i) a violation of Article 7 of the Convention (no punishment without law) on the grounds that he was disqualified from elective office after being convicted for acts he had committed before the entry into force of the relevant legislation (the so-called Severino Act*); (ii) a violation of Article 3 of Protocol No. 1 (right to free elections) alone and in conjunction with Article 14 (prohibition of discrimination) on t he grounds that the ineligibility provided for by the Severino Act did not comply with the principles of legality and proportionality in relation to the aim pursued and was also discriminatory; (iii) a violation of Article 3 of Protocol No. 1 in that the a pplicant’s removal from office breached both the applicant’s right to hold office and the electorate’s legitimate expectation that he would remain in office throughout the parliamentary term; and (iv) a violation of Article 13 on the grounds that there was no accessible and effective remedy in domestic law by which to challenge either the incompatibility of the Severino Act with the Convention or the Senate’s decision to remove him from office.

On 6 June 2017 the Chamber to which the case had been allocated relinquished jurisdiction in favour of the Grand Chamber.

* Legislative Decree no. 235/2012 on ineligibility and disqualification from holding elected and governmental office following final convictions for certain offences, which was adopted following t he entry into force of the Anticorruption Act (Law no. 190 of 6 November 2012 – the “Severino Law”).

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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