Italy's Upcoming Referendum on Judicial Reform: Key Issues and Implications

Italy is set to hold a constitutional referendum on March 22–23, 2026, concerning significant reforms to its justice system. The proposed changes aim to separate the careers of judges and public prosecutors, which currently share a single entry exam and career track. Under the new framework, judges and prosecutors would follow distinct paths from the outset, eliminating the possibility of switching roles. Additionally, the reform seeks to divide the High Council of the Judiciary (CSM) into two independent bodies—one for judges and another for prosecutors—while introducing sortition, or lottery, for member selection. A new High Disciplinary Court would also be established to oversee misconduct cases.

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Discussions about separating judicial careers have persisted since the late 1980s but have been hindered by partisan politics. Proponents argue that the reform will modernize Italy's judicial system, aligning it more closely with democracies like France and Germany. They contend that it will enhance judicial impartiality by severing ties between judges and prosecutors and that the disciplinary court will facilitate accountability for misconduct. Conversely, critics assert that the reform could undermine judicial independence, allowing the government to exert control over prosecutors and influence investigations.

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Prime Minister Giorgia Meloni has intensified tensions with the judiciary, accusing courts of obstructing her government's efforts to manage illegal migration. Recent court rulings, including compensation awarded to the charity Sea-Watch for unlawful detention, have fueled her claims that a politicized judiciary is undermining governmental authority. Meloni's administration argues that the proposed reforms are essential for restoring order and impartiality within the judicial system.

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Polls indicate that the referendum is highly competitive, with the "Yes" and "No" camps nearly tied. A recent survey by Corriere della Sera highlighted that voter turnout will be crucial; a high abstention rate could favor opponents of the reform. Historically, centre-right voters, who are more likely to support the reforms, have shown lower motivation to participate in referendums. Meanwhile, the centre-left opposition views the referendum as an opportunity to challenge Meloni's government ahead of the parliamentary elections scheduled for 2027.

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Critics, including prominent magistrates and opposition figures, argue that the reform threatens the judiciary's independence. Naples prosecutor Nicola Gratteri has expressed concerns that those facing trials may support the changes, while "decent people" would oppose them. Justice Minister Carlo Nordio has described the current CSM as a "mafia-like" mechanism, reflecting the contentious atmosphere surrounding the proposed reforms.

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The upcoming referendum represents a pivotal moment for Meloni's government and the Italian judiciary. While the reform aims to modernize the justice system, it has sparked significant debate about judicial independence and governmental control. As the vote approaches, the outcome will likely have lasting implications for Italy's political landscape and the relationship between the judiciary and the executive branch.

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• “What message is being sent with this long series of objectively absurd decisions — that the government is not allowed to try to combat mass illegal immigration?” — Giorgia Meloni, Prime Minister of Italy

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• “On March 22–23 I will vote YES in the referendum to change this in-(justice) system that does not work,” — Matteo Salvini, Deputy Prime Minister of Italy

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• “Naples prosecutor Nicola Gratteri, an opponent of Meloni's reform, said those standing trial or opposed to an efficient justice system would back the change, while "decent people" would vote against.” — Nicola Gratteri, Naples Prosecutor

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