Basically, Estonian law allows the convicted Italian ex-PM Silvio Berlusconi to run for European Parliament next year; for that, the man ought to have his permanent residence in Estonia, not be imprisoned, and be able to prove his right to run has not been revoked in homeland.
This year, on August 1st, a four-year prison sentence entered into force regarding Silvio Berlusconi, in Italy; due to amnesty law, it was automatically reduced to one year.
As confirmed by Mr Berlusconi, he is determined to run at European Parliament elections on May 22nd to 25th 2014; however, he will not be able to pull it off in his native Italy – local law barring people with prison sentences of more than two years from running for elected bodies.
As a solution, people connected with Mr Berlusconi propose that he run in Estonia, but even here he must consider three obstacles.
Firstly: a MEP candidate must have his/her permanent residence in Estonia i.e. be entered in the register. Acquiring an address and getting registered is not difficult; even so, vital statistics office may decline from confirming it, should they have reasonable doubt that Mr Berlusconi is not permanently residing in Estonia.
Secondly: Pursuant to Estonian law, EU citizens convicted in crimes and carrying prison sentences are not allowed to run here. During the upcoming elections Mr Berlusconi’s sentence will still be in force; however, that may not prove a hindrance as, due to his age (76), Mr Berlusconi is not imprisoned but under house arrest.
The third hurdle is a hard nut to crack even for Estonia’s electoral committee. Namely, European Parliament Election Act, ratified in Riigikogu in 2002, reads that EU citizens cannot run in Estonia if they have had their right to vote revoked in country of origin. Should he/she have the said right and proceed to file his/her candidature, the law says a certificate must be presented to electoral committee regarding his/her right to run in country of origin.
Why that would have to be proven, no one can tell; however, pursuant to Estonian law, absence of the right to run in country of origin will not constitute a hindrance to run in Estonia. Mr Berlusconi has kept his right to vote in Italy, having lost his right to run.
According to Estonian electoral committee, Mr Berlusconi’s possible «Estonian run» would constitute a highly complicated legal issue; allowing it or declining would require delving into Italian court and parliamentary decisions. This is a task they are prepared to tackle only after is becomes evident that Mr Berlusconi will indeed be set up here, as a candidate.
As covered by Italian media yesterday, Mr Berlusconi is indeed considering the Estonian option in all seriousness, the plan being increasingly favoured by his advisers. Estonia would be the best place to run, as it is here that Berlusconi’s close friend Ernesto Preatoni has his headquarters.