The Italian judicial landscape is on the cusp of transformation with an impending referendum set for March 22nd and 23rd, 2026. Italians will decide whether to confirm a constitutional amendment passed by Parliament in October 2025, which aims to restructure the country’s ordinary judiciary. This vote raises critical questions about the separation of powers and judicial independence, long-standing principles in Italy’s legal framework.
Currently, Italy’s justice system is comprised of administrative courts, military tribunals, and the ordinary judiciary, the latter handling civil and criminal cases. The proposed reform targets only the ordinary judiciary, aiming to establish a clearer distinction between judges and public prosecutors, who historically have undergone the same selection process and shared constitutional protections. The proposed creation of two separate Supreme Judicial Councils for judges and prosecutors, alongside a High Disciplinary Court, underscores a shift towards separating these roles.
The reform is a complex intersection of justice philosophies. Those in favor argue it enhances judicial impartiality and aligns with international standards by addressing potential conflicts of interest inherent in the current setup. This perspective is echoed by supporters who believe this separation will foster accountability and counteract alleged biases within the judicial system, as outlined by Prime Minister Giorgia Meloni’s government.
Contrarily, opponents, including public prosecutor Giuseppe Lombardo during a lecture at King’s College London, caution that this change might invite political interference. Articulating concerns rooted in Article 101 of the Italian Constitution, they argue that shared protections are integral to safeguarding the judiciary’s independence. The fear is that separating the judiciary could expose public prosecutors to undue political influence.
Legal analysts Gianluigi Cassandra and Ivan Galenda have dissected these intricacies, examining the implications of a “yes” or “no” vote. They emphasize the role of Italians abroad in such pivotal decisions, highlighting how constitutional changes resonate globally.
This referendum is a critical juncture for Italy as it navigates the delicate balance between judicial independence and the separation of powers. As Italians prepare to cast their votes, the decision will set a precedent, potentially redefining how justice is administered in the country. An intriguing discourse on these developments can be found in the context of the ongoing debate published on JURIST.