Italy's judicial reform referendum: PM Meloni pushes to separate judges and prosecutors

Italy is entering a decisive phase of the campaign ahead of a referendum on the justice system, which will be held on 22 and 23 March 2025. The central point of the proposed reform is the introduction of a strict separation of the careers of judges and prosecutors. Currently, in the Italian legal system, it is possible to change roles from prosecutor to judge, which, according to the government of Prime Minister Giorgia Meloni, undermines the impartiality of proceedings. The ruling coalition argues that the changes are necessary to ensure citizens' right to an objective court. Undersecretary of State at the Ministry of Justice, Andrea Delmastro, emphasized the importance of these changes, stating: „Separare le carriere per avere un giudice imparziale” (Separate careers to have an impartial judge) — Undersecretary of State at the Ministry of Justice.

The atmosphere around the vote is particularly tense due to the open conflict between the executive and judicial branches. Prime Minister Giorgia Meloni does not spare criticism of the judiciary in her speeches, accusing it of political bias. During one of her speeches, strong words were spoken: „Magistrati ci impediscono di governare” (Judges are preventing us from governing) — Prime Minister of Italy. According to the head of government, judges are overstepping their competencies by blocking key legislative initiatives. Meanwhile, Andrea Delmastro points out that the reform aims to restore the proper hierarchy and balance between state organs, which is the foundation of a modern democracy.

The dispute over the shape of the judiciary in Italy has been ongoing for decades, and the current attempt at reform is another approach to changing a system that has been repeatedly criticized for its slowness and lack of transparency. However, a broad front of resistance is forming against the changes. A protest run was held in Bari, attended by judges, lawyers, and citizens opposing the reform. The National Association of Italian Partisans (ANPI) officially announced that it supports the "no" option in the upcoming vote. Critics, such as Nicola Fratoianni from the Greens and Left Alliance (AVS), call the project a "counter-reform" that, instead of fixing real problems like trial duration, focuses on weakening judicial independence.

Current state: Judges and prosecutors belong to the same corporation and can change roles during their careers. Proposed change: Complete separation of career paths; a judge cannot become a prosecutor and vice versa.

Concerns about the effects of the reform are also expressed by politicians from the Five Star Movement. Stefano Patuanelli, the group's leader in the Senate, warned that the new regulations could lead to a situation where the priority becomes the number of convictions, rather than the pursuit of establishing the material truth. Meanwhile, the AVS grouping has taken technical steps, registering voters residing outside their place of residence as representatives of the list, which will enable them to vote. The result of the March referendum will not only be a test for the legal system but also a barometer of support for the government of Giorgia Meloni.

22-23 March 2025 – the dates on which Italians will decide the future of their judicial system in a nationwide vote.