Italy’s Referendum on Judicial Reform: A Deep Dive

Italy is poised to hold a pivotal constitutional referendum on March 22-23, 2026, concerning a sweeping overhaul of its justice system. Proposed by Prime Minister Giorgia Meloni’s government, the reforms – often referred to as the “Nordio Reform” after Minister of Justice Carlo Nordio – aim to reshape the relationship between judges and prosecutors and address long-standing concerns about judicial efficiency, and accountability. This referendum is the fifth constitutional referendum in the history of the Italian Republic.

What’s at Stake?

The core of the proposed changes lies in revising Title II and Title IV of Part II of the Constitution of the Italian Republic. Specifically, the referendum asks voters to approve a constitutional law revising Articles 87, paragraph 10, 102, paragraph 1, 104, 105, 106, paragraph 3, 107, paragraph 1, and 110 of the Constitution .

Key elements of the Nordio Reform include:

• Separation of Career Paths: The proposal seeks to constitutionally separate the career paths of judges and public prosecutors, ending the current system where individuals can move between roles.
• Restructuring the CSM: The Superior Council of the Magistracy (CSM), which governs the judiciary, would be split into two distinct bodies – one for judges and one for prosecutors.
• Selection by Sortition: A significant change involves selecting members of these councils by sortition (lottery) rather than traditional election, aiming to reduce internal factionalism.
• New Disciplinary Court: The establishment of a High Disciplinary Court to oversee disciplinary proceedings within the judiciary.

Why a Referendum?

The government-initiated constitutional bill was approved by the Senate of the Republic on October 30, 2025. Still, it did not achieve the two-thirds majority required in each chamber of the Italian Parliament, as stipulated by Article 138 of the Italian Constitution. This triggered a process to collect signatures to request a confirmatory constitutional referendum .

Importantly, a quorum is not required for the referendum to be valid. The Nordio law will be enacted if a majority of valid votes are cast in its favor.

The Debate: Independence vs. Impartiality

The proposed reforms have ignited a fierce debate in Italy. Proponents argue that separating the careers of judges and prosecutors will enhance judicial impartiality and efficiency. They believe the current system can lead to conflicts of interest and undue influence. The lottery system for selecting CSM members is intended to diminish the power of internal factions within the judiciary .

Critics, however, contend that the reforms could weaken the independence of the magistrature from political power. They argue that the separation of careers, while seemingly neutral, could make judges more susceptible to external pressures. Concerns have also been raised about the potential impact of the lottery system on the quality and experience of CSM members .

Voting Details

Italian citizens will vote on the referendum from 7:00 AM to 11:00 PM on Sunday, March 22nd, and from 7:00 AM to 3:00 PM on Monday, March 23rd, 2026.

Key Takeaways

• The referendum concerns significant constitutional changes to Italy’s judicial system.
• The proposed reforms aim to separate the careers of judges and prosecutors and restructure the CSM.
• A majority vote is required for the reforms to be enacted; no minimum turnout is necessary.
• The debate centers on balancing judicial independence with impartiality and efficiency.