Italy is preparing to hold a referendum on concerning a significant overhaul of its judicial system, a move that has ignited political tensions and drawn criticism from within the legal community. The vote will serve as a key test for Prime Minister Giorgia Meloni’s government ahead of the general election.
The referendum centers on a constitutional reform, often referred to as the “Nordio Reform” after Minister of Justice Carlo Nordio, which proposes a separation of career paths between judges and public prosecutors. It also seeks to split the High Council of the Judiciary (CSM) into two distinct bodies, with members selected by sortition rather than traditional election. The reform aims to address perceived conflicts of interest and political bias within the judiciary.
The process was briefly complicated by a ruling from the Court of Cassation, which accepted a new formulation of the referendum question proposed by a committee of 15 jurists who gathered over 500,000 signatures. The court determined that the original question was insufficient, requiring explicit mention of the constitutional articles affected by the judicial reform. Prime Minister Meloni, however, indicated that the date of the referendum would not be altered, despite the need to revise the wording of the question.
The government maintains that the changes are necessary to improve the efficiency and impartiality of the justice system. Officials argue that the current system, where magistrates can move between roles as judges and prosecutors, creates opportunities for undue influence and potential conflicts of interest. The proposed reforms are intended to create a clearer separation of powers and reduce the potential for political interference.
However, the reforms have faced strong opposition from magistrates and the centre-left opposition, who argue that they threaten judicial independence. Critics contend that the changes could allow the government to exert greater control over the judiciary and influence the outcome of investigations. Concerns have been raised about the potential for the reforms to be used to target political opponents or suppress dissent.
The debate surrounding the referendum has become increasingly heated, with accusations flying between the government and its opponents. Following the Court of Cassation’s decision, some members of the ruling coalition criticized the judges, alleging political motivations. Galeazzo Bignami, a leading figure in Meloni’s Brothers of Italy party, publicly questioned the impartiality of the judges involved, specifically naming Donatella Ferranti and Alfredo Guardiano, accusing them of bias against the reform. These accusations were met with strong condemnation from legal organizations and opposition parties.
The President of the Republic, Sergio Mattarella, signed off on the revised referendum question, deeming it “juridically ineccepable,” but also urged respect for the Court of Cassation’s decision. This move underscores the delicate balance the government is attempting to strike between pursuing its reform agenda and upholding the principles of judicial independence.
The proposed reforms would fundamentally alter the structure of the Italian judiciary. Currently, magistrates enter the legal profession through a single exam and can switch between roles throughout their careers. Under the Nordio Reform, candidates would choose at the outset whether to become a judge or prosecutor, with no possibility of changing their career path later. The High Council of the Judiciary, responsible for appointments and disciplinary matters, would also be divided into two separate bodies, and members would be selected by lottery, a move intended to reduce the influence of political factions.
Recent polls indicate that public opinion on the issue remains divided, reflecting the deep-seated political tensions surrounding the judicial reform. The outcome of the referendum is uncertain, and a rejection of the reforms could have significant implications for the Meloni government and its broader agenda. While Meloni has stated she will not resign if the reform is rejected, a defeat would undoubtedly weaken her position and embolden the opposition.
The referendum comes at a sensitive time for Italy, as the country prepares to host the Winter Olympics in Milan. The debate over judicial reform has overshadowed other political issues and raised concerns about the rule of law and the independence of the judiciary. The outcome of the vote will likely have a lasting impact on the Italian legal system and the country’s political landscape.
The central office at the Court of Cassation has communicated the order regarding the new referendum question to key figures including the President of the Republic, the Presidents of the Chambers, the President of the Council of Ministers, and the President of the Constitutional Court, as well as to those who presented the request for the referendum and delegates of parliamentarians.
