The Italian judicial reform constitutional referendum, scheduled for March 2026, asks voters whether to approve amendments to the Constitution of Italy concerning the organization and functioning of the judiciary. The proposed changes are based on legislation known as the 'Nordio Reform,' named after Justice Minister Carlo Nordio. The reform package aims to separate the career paths of judges and prosecutors, modify the composition and election procedures for the Superior Council of the Judiciary (CSM), and introduce new rules on judicial transfers and disciplinary procedures. A constitutional referendum is required because the changes affect fundamental articles of the Italian Constitution, specifically Articles 104, 107, and 111. The referendum will be held concurrently with the 2026 European Parliament elections to increase voter turnout. The question on the ballot will be a simple yes or no on the entire package of constitutional amendments. The reform represents one of the most significant attempts to overhaul Italy's judicial system in decades, touching on the delicate balance of power between the judiciary and other branches of government. Public interest is high due to the reform's potential to reshape the relationship between prosecutors and judges, a topic that has long been a point of political contention in Italy. The debate centers on judicial independence versus accountability, with supporters arguing the changes will increase efficiency and fairness, while opponents warn they could politicize the judiciary and weaken anti-corruption efforts.

Historical Context

Italy's current judicial system is largely shaped by the 1948 Constitution, which established the Superior Council of the Judiciary (CSM) to guarantee judicial autonomy from the executive branch. The CSM, composed mainly of magistrates elected by their peers, handles appointments, assignments, transfers, promotions, and disciplinary measures for judges and prosecutors. This structure was a direct response to the fascist era, where the judiciary was subservient to the executive. The principle of the 'unitary judiciary,' where judges and prosecutors belong to the same corps and can switch roles, has been a cornerstone of this system. Calls for reform are not new. In the early 1990s, the 'Clean Hands' (Mani Pulite) corruption investigations, led by prosecutors, exposed systemic political corruption but also sparked accusations of prosecutorial excess and political bias. Subsequent governments, particularly Silvio Berlusconi's, frequently clashed with the judiciary, leading to repeated but failed attempts at reform. A significant precedent was the 2006 constitutional referendum under Prime Minister Romano Prodi, which proposed a major overhaul of the Constitution, including judicial provisions. Voters rejected it overwhelmingly, with 61.3% against. More recently, a 2020 referendum to reduce the size of parliament passed, demonstrating that constitutional change via popular vote is possible, but only on specific, widely understood issues.

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