Published on •Updated
Italians vote Sunday and Monday on a constitutional reform that would split the country’s judiciary into separate career paths for judges and prosecutors and create a new disciplinary court.
ADVERTISING
ADVERTISING
Italy currently operates a unified judiciary where judges and prosecutors belong to the same professional body. They take the same entrance exam and can switch between roles during their careers.
The reform would establish distinct career tracks requiring an initial choice at the start of a career. Switching between roles would no longer be permitted.
The Superior Council of the Magistracy, which currently governs both judges and prosecutors, would split into two separate councils – one for judges and one for prosecutors. Both would be chaired by the Italian president.
Each council would comprise one-third lay members and two-thirds magistrates. Members would be selected by lottery rather than by election.
Justice reform, what is it about?
Raffaele Bifulco, professor of constitutional law at Rome’s Luiss University, said the lottery system aims to reduce the influence of internal factions within the judiciary.
“The intention is to dissolve the so-called currents that guide the election of the members of the CSM and that, according to many, also guide the decisions within the Council,” he told Euronews.
The reform would strip the councils of disciplinary functions and create a new 15-member Disciplinary Court. Nine members would be magistrates – six judges and three prosecutors – selected by lottery. The remaining six would be lay members.
Magistrates serving on the Disciplinary Court would need additional seniority, having served as councilors of the Supreme Court.
Reasons for ‘yes’ or ‘no’
Supporters argue that the reform will break up factional control and ensure that magistrates with greater experience decide disciplinary matters.
They say separating careers will strengthen the accusatory trial model and eliminate cultural bias favoring prosecutors.
Opponents say the unified judiciary protects independence and that splitting it could expose prosecutors to political influence. They argue the reform does not address the justice system’s real problems – understaffing, lengthy proceedings and digitalization gaps.
“By having only one CSM, the body of the judiciary being unique, it resists better and is more autonomous,” Bifulco said. He added that separating prosecutors could make them “very self-referential, very closed in on themselves, much more like super policemen”.
France and Portugal operate two separate councils. In Spain, access to prosecutor and judge careers does not coincide.
In the Netherlands, Council members are judges only, appointed by royal decree on the recommendation of the justice minister.
The reform, known as the “Nordio law” after Justice Minister Carlo Nordio, amends Articles 104 and 105 of the constitution.
It passed parliament in October 2025 but failed to secure the two-thirds majority needed to avoid a popular vote, turning it into a test of the government led by Prime Minister Giorgia Meloni.
Meanwhile, senior figures have insisted it is a vote on constitutional reform rather than a plebiscite on the administration.
Voting takes place Sunday from 7 am to 11 pm and Monday until 3 pm. The referendum does not require a minimum turnout. A simple majority of votes cast will decide whether the reform enters into force.