Italians yesterday began voting in a two-day referendum on reforms that Italian Prime Minister Giorgia Meloni said would make the judiciary more independent — but which critics said would do the opposite.
The poll risks turning into a referendum on the far-right leader herself, ahead of parliamentary elections next year.
Meloni’s hard-right government wants to change Italy’s constitution to separate the role of judges and prosecutors, and reform their oversight body.
Photo: EPA
The plan would make it “more modern, more meritocratic, more autonomous, more accountable and above all, free from political constraints,” Meloni said.
However, critics condemn it as a political power grab that fails to address the real challenges, from years-long trials to prison overcrowding.
Center-left Democratic Party Secretary Elly Schlein said it was badly drafted and “weakens the independence of the judiciary.”
“We have to vote ‘no,’ because the independence of our judicial system is fundamental,” said Margherita Rossi, a 21-year-old student who came from Milan to Rome to vote. “There is no turnout threshold: Even if only 10 people show up, they’ll still be able to change the constitution.”
Opinion polls show the two camps are neck-and-neck.
A decisive “no” would be a blow for Meloni, but she has dismissed suggestions that she might quit if she loses.
“I worry about what they could do after if it is passed,” army officer Francescantonio De Luca said.
Voting closes today, with preliminary results expected later the same day.
The most divisive part of the reform involves changes to the Superior Council of the Judiciary (CSM), an oversight and disciplinary body whose members are elected by their peers and parliament.
The reform would divide the CSM into two separate councils, one for judges and one for prosecutors, and create a new 15-member disciplinary court.
Members would be drawn by lots instead, with three members of the court chosen by Italy’s ceremonial president and three from a list of experienced lawyers approved by parliament.
Criminal defense lawyer Franco Moretti, who heads the “no” campaign, said the new court risked being “the armed wing of politics.”
“When needed, it could be used to settle scores with that part of the judiciary that has dared to touch it,” he said.
The second part of the reform would prevent judges and public prosecutors from switching between the two functions, addressing concerns that too-cosy relations between the two groups harm defendants.
Critics said that only a tiny minority change roles. In any case, since 2022 they have only been allowed to switch once, while in the first decade of their career.
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