Italy’s Upcoming Referendum on Judicial Reform: A Deep Dive
Italy is preparing for a pivotal constitutional referendum on March 22nd and 23rd, 2026, focused on reforming its judicial system. Often referred to as the “Nordio Reform,” after Minister of Justice Carlo Nordio, the proposed changes aim to reshape the internal structure of the judiciary, sparking intense debate across the political spectrum. This referendum marks the fifth time Italy has put a constitutional change to a public vote.
What is the Nordio Reform?
The core of the referendum centers on revising Title II and Title IV of Part II of the Italian Constitution. Key proposals include:
- Separation of Careers: A constitutional separation of career paths between judges and public prosecutors. Currently, Italian magistrates alternate between roles.
- Splitting the CSM: Dividing the High Council of the Judiciary (CSM) into two distinct bodies.
- Selection by Sortition: Implementing a system of selecting CSM members by sortition (random selection) rather than traditional election.
- High Disciplinary Court: Establishing a High Disciplinary Court to oversee disciplinary proceedings for magistrates.
Why is a Referendum Necessary?
The government-initiated constitutional bill was approved by the Senate of the Republic on October 30, 2025. However, it did not achieve the two-thirds majority in either chamber of Parliament required to avoid a public referendum, as outlined in Article 138 of the Italian Constitution. Signatures were collected to trigger a confirmatory constitutional referendum.
What are the Arguments For and Against the Reform?
Supporters of the Nordio Reform argue that it will lead to fairer trials and more impartial judges. They believe the current system is susceptible to political influence and internal factions. Prime Minister Giorgia Meloni has strongly advocated for the reform, asserting that it is necessary to combat judicial accountability issues and improve the fight against illegal migration and crime. Meloni has accused the current judicial structure of committing miscarriages of justice.
Critics contend that the reform will weaken the judiciary and fail to address fundamental problems such as slow trials and staff shortages. They fear that separating the careers of judges and prosecutors could undermine judicial independence and create conflicts of interest. Opponents argue the reform would not solve the real problems citizens face.
What Happens if the Referendum Passes?
If a majority of valid votes are cast in favor of the Nordio Reform, the constitutional law will be promulgated. Notably, a quorum is not required for the referendum to be valid.
What is at Stake?
The referendum is considered a significant test for Prime Minister Meloni’s government. A high abstention rate is likely to help opponents of the reform. The outcome could have far-reaching consequences for the Italian legal system and the balance of power within the government. The vote extends beyond a simple debate on judicial rules; it has become a broader measure of confidence in Meloni and her administration.
Recent Developments
There have been reports of violence surrounding the referendum campaign. According to Brothers of Italy group leader Galeazzo Bignami, two students at the University of Bologna were attacked by groups linked to the far-left while attempting to hold a conference supporting a “Yes” vote. Bignami criticized the lack of widespread media coverage of the incident, questioning whether similar attention would be given if the perpetrators were from the right-wing.