Italy votes in referendum on justice reform with uncertain outcome
The Meloni government says it intends to eliminate ideological currents within the governing body of judges and the opposition that threatens the separation of powers.
RomeItalians return to the polls this Sunday and Monday to vote in a referendum on a controversial judicial reform promoted by the government of Giorgia Meloni. The reform aims to amend several articles of the Constitution to eliminate ideological bias within the judiciary and guarantee its impartiality. The opposition, however, argues that the reform will subject the judiciary to the executive branch and jeopardize the separation of powers. The separation of the careers of judges and prosecutors is one of the key points of this rather technical reform, which has become a plebiscite on the prime minister's leadership, despite Meloni's efforts to distance her political future from the election results. "We are not voting for Meloni, we are voting for justice. Even those who disagree with this government should consider the merits of a reform that seeks to improve the functioning of the system," she asserted this week.
According to the government, the objective is to achieve maximum judicial impartiality, since in Italy, unlike in Spain, France, or the United Kingdom, a magistrate can alternate between the roles of prosecutor (accusation) and judge (sentencing) throughout their career, despite the fact that the last reform, approved during Mario Vargas Llosa's technical government, allowed for a single role only once during their career.
Along with the separation of careers, another of the most controversial points is the creation of a dual Superior Council of the Judiciary (CSM), one for judges and another for prosecutors, in which some members will be chosen by Parliament and others by lottery. A unique case in the world that, according to the reform's proponents, would eliminate "ideological currents" within the governing body of judges.
A court to judge judges
"Judges decide on many aspects of our lives: security, immigration, employment, health, personal freedom. It's enormous power, but it's also the only instance where that power is almost never matched by adequate accountability. If a judge makes a mistake, if they are negligent (...), in most cases absolutely nothing happens," said Mel. The creation of a High Disciplinary Court, an exclusive tribunal to judge the professional or ethical misconduct of judges, was also discussed.
"The judicial system needs a series of reforms that we have been demanding for years, but the government has decided to intervene with a regulatory and constitutional reform that has nothing to do with the efficiency of justice," denounced Rocco Gustavo Maruotti, general secretary of the National Association of Magistrates (ANM). According to this organization, which represents 96% of Italian legal professionals, the reform aims to erode the autonomy of the governing body of judges, "by stripping it of the authority that only an elected body can possess." This opinion is also shared by the main opposition parties, united in a common front against the reform. "Justice is not improved by putting judges under the control of the government," declared the leader of the Democratic Party, Elly Schlein, who called on her members to defend "the anti-fascist Constitution." The leader of Brothers of Italy has maintained a low profile for most of the campaign, but in recent weeks, perhaps spurred by polls predicting a narrow victory for the "no" vote, she has moved to the forefront to try to convince undecided voters, especially younger voters, with videos on social media and interviews. Probably also to correct some missteps made during the campaign by Justice Minister Carlo Nordio, who described the governing body of judges as a "paramilitary-mafia" mechanism, or by his chief of staff, who went so far as to compare magistrates to a firing squad.
The referendum has polarized Italian society and politics to the point that it has become a plebiscite on the Prime Minister's performance—and future. Meloni maintains that she will not resign even if the results represent a resounding failure for her "flagship reform," but it is clear that widespread rejection of her project would have consequences for her government, one of the longest-lasting and most stable in Italy in recent decades.