Italians will go to the polls on March 22nd and 23rd to decide on a judicial reform considered one of the main proposals of Prime Minister Giorgia Meloni's government.
The referendum is taking place amid a confrontation between the government and judges, who claim that the changes could compromise the independence of the judiciary.
Meloni defends the reform and states that it is necessary to guarantee greater impartiality in the Italian judicial system.
Separation between prosecutors and judges
The main change foreseen in the reform is the separation of the roles of prosecutor and judge.
Currently, both belong to the same career path within the Italian judiciary and can change roles throughout their careers. Since 2022, this change has only been permitted once.
According to the government, this structure can create excessive proximity between those who accuse and those who judge.
At a political event in Milan, Meloni stated that the proposal represents "a historic reform that addresses the root causes of a dysfunctional judicial system."
The prime minister also defended the separation of powers.
"If the person making the accusation and the person judging are two colleagues whose paths continually intersect, there is a risk of confusion that could weaken a fundamental principle of the Italian Constitution, which is the impartiality of judges," he said.
Changes in the body that oversees the judiciary.
Another central point of the reform involves the Superior Council of the Judiciary, known by the acronym CSM.
The body is responsible for the supervision and discipline of judges and prosecutors.
According to the proposal, the CSM would be divided into two separate councils: one for judges and the other for prosecutors.
A disciplinary tribunal with 15 members would also be created.
Some of these members would be chosen by lottery, and a portion would come from lists drawn up by Parliament.
Criticism from judges and legal experts
The proposal faces strong opposition from parts of the judiciary and legal experts.
In February 2025, more than 80 percent of the members of the National Association of Magistrates participated in a one-day strike against the reform.
Criminal lawyer Franco Moretti, who is leading the campaign against the referendum, argues that the new disciplinary tribunal could create political risks.
According to him, the agency could potentially become "the armed wing of politics."
"When necessary, it could be used to settle accounts with that part of the Judiciary that dared to interfere with it," he said.
Other critics argue that the lottery system for selecting judges goes against merit-based criteria.
Experts also argue that the reform does not solve structural problems in the Italian judicial system, such as the long duration of trials and the large volume of cases.
A political test for the government.
Recent polls indicate a slight advantage for those opposed to the reform. The "No" vote is reportedly ahead (52,4% versus 47,6%), according to the Ipsos institute.
The opposition is trying to turn the vote into a political test for the government.
Giorgia Meloni has led a coalition considered stable since October 2022.
Even so, the prime minister rejected the possibility of resigning if the referendum is rejected.
"There is no chance of me resigning under any circumstances," he stated during a rally.
Political analysts believe that a defeat would not necessarily bring down the government, but it could weaken the leader's political image.
According to journalist Valerio Valentini, from the website Il Post, the result could affect the perception of the prime minister's political strength.
"She would lose that aura of invincibility she's had until now," he said.
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