Justice Reform and the Referendum Ahead: Meloni’s Constitutional Gamble Faces Public Test
- Khoshnaw Rahmani
- 4 days ago
- 3 min read
Khoshnaw Rahmani, Jadetimes Staff
K. Rahmani is a Jadetimes news reporter covering politics.
Italy’s Prime Minister Giorgia Meloni has launched one of the most consequential constitutional reform efforts in decades, pushing forward a justice overhaul that will culminate in a national referendum. The move has ignited fierce debate over judicial independence, executive power, and the future of Italy’s institutional balance.
The Reform Package: What’s Changing and Why It Matters
The proposed justice reform, approved by the Senate in late October 2025, seeks to restructure the judiciary’s governance and redefine the separation of powers. Key elements include:
Splitting the High Council of the Judiciary (CSM) into two separate bodies: one for judges and one for prosecutors, ending their shared self-governance.
Revising career paths to prevent automatic transitions between prosecutorial and judicial roles.
Introducing clearer political oversight over appointments and disciplinary procedures.
Supporters argue the reform will increase transparency, reduce politicization within the judiciary, and restore public trust. Critics warn it risks undermining judicial independence and concentrating power in the executive branch.
Political Stakes: Meloni’s Constitutional Strategy
Meloni’s government has framed the reform as part of a broader constitutional modernization, echoing her campaign promise to deliver a more “efficient and accountable” state. The justice overhaul is seen as a precursor to deeper changes, including potential shifts toward a semi-presidential system.
The decision to pursue a referendum—expected in spring 2026—adds high political risk. While Meloni’s coalition currently holds a parliamentary majority, constitutional changes require either a two-thirds supermajority or popular ratification. The referendum will test public appetite for institutional restructuring and could become a de facto vote of confidence in the government.
Opposition Response and Civil Society Concerns
Opposition parties, including the Democratic Party and the Five Star Movement, have condemned the reform as a threat to judicial autonomy. Legal associations, magistrates’ unions, and academic institutions have raised alarms about the potential erosion of checks and balances.
Key concerns include:
Politicization of the judiciary through increased executive influence.
Loss of prosecutorial independence, especially in politically sensitive cases.
Weakening of constitutional safeguards that protect impartial justice.
Public demonstrations and legal commentaries have intensified, with civil society groups mobilizing to challenge the reform in both legal and public arenas.
Historical Context: Italy’s Judiciary and Constitutional Reform
Italy’s postwar constitution enshrined judicial independence as a cornerstone of democratic governance. The CSM was created to ensure self-regulation of judges and prosecutors, shielding them from political interference.
Past attempts to reform the judiciary—most notably in the 1990s and early 2000s—have sparked controversy but failed to produce lasting structural change. Meloni’s initiative marks the most ambitious effort since the Berlusconi era, with broader constitutional implications.
Timeline of Key Events
Comparative Perspective: Judicial Reform in Europe
Italy’s reform echoes debates in other European countries:
Poland: Judicial reforms under the PiS government drew EU sanctions for undermining rule of law.
France: Reforms have focused on efficiency and transparency, but preserved judicial independence.
Spain: Ongoing tensions over judicial appointments highlight the challenge of balancing autonomy and accountability.
Italy’s referendum will be closely watched across Europe as a test case for democratic resilience and constitutional change.
What’s at Stake: Institutional Balance and Democratic Norms
The referendum is not just about judicial governance—it’s about the architecture of Italian democracy. If passed, the reform could:
Shift power toward the executive.
Redefine the role of prosecutors in politically sensitive investigations.
Set precedent for further constitutional amendments.
If rejected, it could weaken Meloni’s mandate and stall broader reform efforts.
A Nation at a Crossroads
Italy stands at a constitutional crossroads. Meloni’s justice reform is bold, controversial, and politically charged. The upcoming referendum will determine whether Italians endorse a new vision of governance—or reaffirm the postwar balance of power. Either way, the outcome will shape the country’s legal and political landscape for years to come.
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