Italian Justice System Explained: Colombo on Referendum & Reform

Italy Prepares for Landmark Referendum on Justice System Reform

March 22-23, 2026, Italian voters will head to the polls for a constitutional referendum that could fundamentally reshape the country’s judicial system. The referendum centers on a proposed reform, often referred to as the “Nordio Reform” after Justice Minister Carlo Nordio, which aims to revise key articles of the Italian Constitution relating to the roles of judges and prosecutors.

The referendum asks voters whether they approve a constitutional law revising Articles 87, 102, 104, 105, 106, 107 and 110 of the Constitution, as approved by Parliament and published in the Official Gazette on October 30, 2025.

At the heart of the proposed changes is the separation of career paths for judges and public prosecutors. Currently, Italian judges and prosecutors share a unified career trajectory. The Nordio Reform seeks to establish distinct paths, a move proponents argue will enhance judicial impartiality and accountability. This separation is intended to address a long-standing ambiguity within the Italian legal system, where a formally adversarial process has been administered by a judiciary organized according to an inquisitorial logic.

The reform also proposes changes to the High Council of the Judiciary (CSM), the body governing the Italian judiciary. Under the proposed changes, the CSM would be split into two separate bodies, one for judges and one for prosecutors. The selection of members to these bodies would shift towards a system of sortition – selection by lot – rather than traditional election methods.

The government initiated the constitutional bill, which was approved by the Senate of the Republic on October 30, 2025. However, the bill did not achieve the two-thirds majority required in each chamber of Parliament to avoid a referendum. Signatures were collected to trigger a confirmatory constitutional referendum, allowing the public to decide on the proposed changes.

Unlike many Italian referendums, this vote does not require a minimum turnout to be valid. The Nordio law will be enacted if it receives a majority of valid votes cast. This means that even with low participation, the reform could be implemented.

The debate surrounding the reform extends back decades, with discussions about separating judicial careers dating to the late 1980s. Previous attempts to address this issue have failed to gain traction, making the 2026 referendum a pivotal moment in Italian legal history. The proposed changes are seen by supporters as a way to align Italy’s judicial system with those of other advanced liberal democracies.

The referendum is not merely a technical adjustment, but a profoundly democratic question concerning how to ensure judicial impartiality, accountability, and public trust, according to analysis of the reform. The changes aim to clarify roles within the judicial system and reinforce the principle of a fair trial.

This represents the fifth constitutional referendum in the history of the Italian Republic. The Constitution of Italy was ratified on December 22, 1947, and has been amended sixteen times since its enactment on January 1, 1948.