Italian voters began casting their ballots on Sunday in a significant two-day referendum focused on proposed reforms to the country’s judicial system. These reforms, championed by Prime Minister Giorgia Meloni, are presented as measures to enhance the independence and efficiency of the judiciary. However, critics argue that the changes could undermine judicial autonomy instead of strengthening it. This referendum has taken on heightened political significance, as it is widely viewed as a test of Meloni’s leadership ahead of the parliamentary elections scheduled for next year.
The Meloni administration, which leans towards the hard right, aims to amend Italy’s constitution to clearly delineate the roles of judges and prosecutors, while also restructuring the judiciary’s oversight body. the government, these reforms are crucial for ensuring impartiality and modernizing a justice system that many consider outdated and sluggish. Meloni herself emphasized in a recent video message that the changes would make the judiciary “more modern, merit-based, autonomous, accountable, and above all, free from political interference.” This vision reflects a broader ambition to streamline judicial processes and restore public confidence in the courts.
Despite these assertions, the proposed reforms have sparked fierce criticism from opposition parties and legal experts alike. Detractors argue that the changes represent a political maneuver designed to consolidate power rather than address pressing issues such as prolonged trials and overcrowded prisons. Elly Schlein, leader of the centre-left Democratic Party, described the reform as poorly constructed and warned that it would actually weaken judicial independence. The referendum campaign has been intensely competitive, with opinion polls indicating a nearly even split between supporters and opponents of the reform.
Should the referendum result in a decisive rejection of the reforms, it would constitute a significant setback for Meloni, who has maintained a relatively stable coalition government since taking office in October 2022. Nevertheless, the Prime Minister has dismissed any speculation about resigning if the referendum fails. Voting is scheduled to conclude at 1400 GMT on Monday, with preliminary results expected to be announced later that day, keeping the nation on edge as it awaits the outcome.
The backdrop to this referendum is Italy’s long-standing contentious relationship between political leaders and the judiciary. Former Prime Minister Silvio Berlusconi was notorious for his confrontations with the courts, frequently accusing them of harboring left-wing biases. Meloni and her cabinet have similarly criticized judicial rulings they perceive as lenient, particularly on immigration matters. This tension has led to significant unrest within the judiciary itself, exemplified by a one-day strike last year in which over 80 percent of members of Italy’s National Magistrates Association participated, protesting the proposed reforms.
The referendum debate has been marked by heated exchanges and controversial statements. Justice Minister Carlo Nordio dismissed judicial criticism as “petulant litanies” and claimed the reform would dismantle a “para-mafia mechanism” within the judiciary. His chief of staff, Giusi Bartolozzi, also sparked outrage by suggesting on a television program that the reform would eliminate magistrates acting like “execution squads,” a phrase that intensified the already polarized atmosphere surrounding the vote.
One of the most contentious elements of the reform concerns changes to the Superior Council of the Judiciary (CSM), the body responsible for judicial oversight and discipline. The proposal would split the CSM into two separate councils—one for judges and another for prosecutors—and establish a new 15-member disciplinary court. Unlike the current system, where members are elected by their peers, the new court’s members would be selected by lot, with three appointed by Italy’s ceremonial president and three chosen from a list of seasoned lawyers approved by parliament. Critics, including criminal defense lawyer Franco Moretti who leads the “No” campaign, warn that this new court could become a “political tool” used to target dissenting judges, effectively serving as an “armed wing of politics.” He expressed concerns that it might be exploited to punish members of the judiciary who challenge the reform.
Another significant aspect of the reform seeks to prevent judges and prosecutors from switching roles, addressing concerns about overly close relationships between the two groups that could compromise fairness in trials. However, opponents argue this change affects only a very small number of officials, noting that since 2022, such role changes have been restricted to a single occurrence early in a judicial career.
Historically, referendums in Italy have carried considerable political risks. In 2016, then-Prime Minister Matteo Renzi staked his political future on a constitutional reform that was ultimately rejected by voters, leading to his resignation. This weekend’s referendum, while highly technical in nature, has nonetheless become a proxy battle over political loyalties. Some voters openly admit that their decisions are influenced more by their opinions of the political figures backing the reform than by the substance of the changes themselves. Mario Alessi, a 60-year-old sales manager from Rome, candidly shared that he plans to vote “No” simply because he opposes those supporting the “Yes” campaign.
In an effort to separate the referendum from her personal political standing, Meloni has emphasized that the vote is about justice reform, not a referendum on her government. “Italians who want to send us home can do so easily in a year,” she stated, “but today we are voting on justice.” As Italy awaits the conclusion of this critical vote, the outcome will likely have far-reaching implications not only for the country’s judicial system but also for the political landscape as the nation heads towards its next general elections.
