Although the Supreme Court has modified the question, the date of the referendum on the constitutional reform for the separation of careers does not change. Voting will take place on March 22nd and 23rd. The President of the Republic Sergio Mattarella adopted the Presidential Decree containing: «Clarification of the question of the popular referendum confirming the text of the constitutional law concerning rules regarding the jurisdictional system and the establishment of the disciplinary court» resolved by today’s Council of Ministers.
In fact, it was a lightning meeting convened this morning at noon that indicated the way: «The Council of Ministers, on the proposal of President Giorgia Meloni, having seen the order of the Central Office for the referendum communicated on 6 February 2026, decided to propose to the President of the Republic, for the adoption of the relevant decree, to clarify the question relating to the confirmatory popular referendum already called with the decree of 13 January 2026 within the terms indicated by the aforementioned order, without prejudice remaining the same decree. Therefore, the text of the question of the referendum already called for 22 and 23 March 2026 is clarified as follows: «Approve the text of the law revising the articles. 87, tenth paragraph, 102, first paragraph, 104, 105, 106, third paragraph, 107, first paragraph, and 110 of the Constitution approved by Parliament and published in the Official Journal of 30 October 2025 with the title “Regulations regarding the jurisdictional system and the establishment of the Disciplinary Court”?». So the Government is going ahead less than twenty-four hours after the decision of the referendum office in Piazza Cavour which yesterday had admitted the referendum question presented by the so-called “Committee of the 15 willing”.
According to what Ansa has learned, the green light for the new text occurred after a conversation between President Mattarella and President Meloni. Quirinale sources, consulted on this matter, confirmed that for President Mattarella the solution identified is the most legally correct one, also in light of yesterday’s order from the Supreme Court. The object of the referendum request is in fact the same for all proponents; while the referendum question is not changed but only integrated.
The same Minister Nordiointerviewed by Corriere della Serahad opened up to the possibility of a postponement: «The referendum could be postponed by a few weeks». In theory the Committee of 15 could now raise a conflict of attribution before the Constitutional Court. However, this is not an easily practicable path, which raises both technical and political questions. He had also spoken before the Council of Ministers’ resolution Carlo Guglielmilawyer and spokesperson of the “Committee of 15”: «We are confidently awaiting the decision of the Council of Ministers regarding the setting of the new date of the referendum». Whether there will be an appeal on a conflict of attribution issue? «We will first evaluate what the government’s response will be. We simply expect compliance with the Constitution and the 50-day deadline for the referendum campaign.” Obviously there was no shortage of them the controversies.
First of all those between the former Minister of Justice Andrea Orlando and the Union of Criminal Chambers. The latter, led by Francesco Petrelli, had argued that the Supreme Court’s decision «cannot be archived as a merely technical act. It is a serious and worrying fact that in the list of judges who have taken this decision there appear magistrates who actively participate in the No demonstrations or who have a public history clearly attributable to those positions”. The reply of the former Keeper of the Seals: «The unprecedented, headlong attack of the Criminal Chambers on the Court of Cassation stains the tradition linked to the liberal principles and the rule of law of that association. No guarantees can be based on the delegitimization of the judicial order and of a safeguard of the rule of law such as the Supreme Court in particular. In the case, in fact, it is not the ruling that is being contested but the Supreme Court as such.
As far as Bignami is concerned, however, there is no stain. In fact, it is known that stains cannot be seen on black. We expect a move away from the Left for the yes vote given the demonstrated attention to forms and style.” And in fact the group leader of the Brothers of Italy in the Chamber of Deputies, Galeazzo Bignamihad declared that the stoats’ decision to change the referendum question «confirms that justice reform is a necessity. Just take a look at the judges of the Court of Cassation who decided to reformulate the question. Among these Alfredo Guardianowho will moderate a conference on the reasons for the ‘No’ vote, and Donatella Ferranti, former deputy of the Democratic Party and president of the Justice Commission until 2018. More is needed to realize that we can no longer wait to restore impartiality to the judiciary, making it independent from politics and currents and implementing article 111 of the Constitution. Serve vote Yes in the referendum.” For the benefit of the reader it should be remembered that There were 21 members of the Referendum Office who took the decision yesterday.
While Donatella Ferranti remains silent, she thought about breaking it Guardian, member of the college: «I’m not hiding, I’m for the No vote in the referendum. But the topic of the ordinance assigned by my office has no impact on the merits of the reform, nor on the result of the referendum nor on the data on its conduct. Any statement that suspects me or this ordinance of bias is patently baseless and therefore very serious. Costa (Forza Italia MP, ed.) pointed me out to the world as a biased judge and for a judge there is nothing more serious. The Council of Ministers itself reiterated that the voting dates would be the same and they will limit themselves to modifying the question, recognizing the legitimacy of our actions”. For Guardiano it is therefore a «controversy born out of nothing. For this reason – he concluded – I reserve the right to take legal action on those statements by Costa or possibly others”.
The head of justice of the Democratic Party criticizes the Government’s decision, Debora Serracchiani: «First they do not allow Parliament to be able to exercise its function, then they set a date for the referendum without respecting the collection of signatures of over 500 thousand Italian citizens, then they are forced to modify the referendum question without moving the fixed date of the referendum with the usual arrogant arrogance of those who are in charge and do not govern. Now also the accusations against the judiciary of having simply done their job by applying the law and complaining about its non-impartiality. Once again the line of arrogance and lack of respect for the institutions prevails.”
date: 2026-02-08 03:09:00
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