Italy votes on sweeping justice reform in constitutional referendum

Rome- Italians will head to the polls on Sunday and Monday to vote in a constitutional referendum on a far reaching reform of the judiciary promoted by Prime Minister Giorgia Meloni and Justice Minister Carlo Nordio.

The vote, scheduled for 22 and 23 March, will determine whether a law amending seven articles of the Constitution comes into force. Polling stations will be open from 7:00 to 23:00 on Sunday and from 7:00 to 15:00 on Monday. As a confirmatory referendum, no turnout quorum is required, meaning the result will be valid regardless of voter participation.

At the heart of the reform lies a significant restructuring of Italy’s judicial system, with supporters arguing it will improve efficiency and accountability, while critics warn it risks weakening judicial independence in favour of political influence.

One of the most consequential measures is the formal separation of careers between judges and public prosecutors. Under the current system, both belong to a single body of magistrates, entering through the same competitive examination and sharing a common professional path before specialising. Although switching roles has become increasingly rare due to stricter rules, it remains theoretically possible. The reform would create two distinct branches the bench and the prosecution with separate recruitment processes and no possibility of moving between them.

The proposal also introduces a division within the governing body of the judiciary. At present, magistrates are overseen by a single High Council of the Judiciary (CSM), responsible for appointments, promotions, transfers, and disciplinary measures, thereby safeguarding independence from the executive. Under the reform, this body would be split into two separate councils one for judges and one for prosecutors.

A key and controversial change concerns how these councils would be formed. Rather than being elected by their peers, magistrate members would be selected by lot, a system proponents say would curb the influence of internal factions.

However, lay members legal academics and lawyers would continue to be chosen through a process involving Parliament, raising concerns among critics about continued political leverage.

Further changes include the creation of a new High Disciplinary Court, which would take over responsibility for sanctioning magistrates. This body would consist of 15 members: nine magistrates drawn by lot from among those serving or having served at Italy’s highest court, and six lay members, partly appointed by Parliament and partly by the President of the Republic. Appeals against its decisions would be handled internally, rather than by the Court of Cassation as is currently the case.

The reform was approved by Parliament with less than a two-thirds majority, making a popular vote constitutionally necessary. The outcome is widely seen as not only a decision on technical judicial reforms, but also a broader test of public confidence in the government’s institutional agenda.

While proponents present the changes as a necessary step towards modernising a slow and complex judicial system, opponents argue that the reform could upset the balance between powers, ultimately reducing the autonomy of magistrates.

With no quorum requirement, the referendum places full responsibility on those who choose to vote. In a country where referendums have often been invalidated by low turnout, this weekend’s ballot ensures that abstention will not affect the result only the votes cast will decide the future of Italy’s justice system.

PS