Italy is on the cusp of a significant constitutional referendum, a vote that could fundamentally reshape its justice system. However, the lead-up to this crucial ballot has been anything but a calm, reasoned debate. Instead, it has devolved into a fiery political battle, largely dominated by inflammatory rhetoric and accusations, testing Prime Minister Giorgia Meloni’s considerable political capital.
At the heart of the controversy is a proposed overhaul of the judiciary, designed to alter how judges and prosecutors are appointed, managed, and disciplined. Meloni’s government champions these changes, arguing they are essential to combat perceived political bias and inefficiencies within the judicial system. Yet, critics warn that the reforms could undermine judicial independence, paving the way for greater government control, echoing concerns raised about similar shifts in countries like Hungary.
The campaign has been marked by a particularly aggressive tone, exemplified by a now-removed flyer circulating online from Meloni’s Brothers of Italy party. This flyer, which quoted the Prime Minister, targeted judges and feminists, stating: “Judges block the deportations of rapists. Where are the feminists? Vote yes – there will not be another opportunity.” Such messaging has drawn sharp criticism from opponents.
A Campaign Marked by Controversy
Chiara Antonini, a resident of Rome who participated in a demonstration against the proposals, condemned Meloni’s language. “It is shameful of Meloni to use such threatening language and to intervene on sensitive issues such as the protection of women, especially given the hypocrisy after the government backtracked on a law that would have defined sex without consent as rape,” she stated. Antonini added that the government “just seems to have it in for the judiciary.”
Meloni, who has governed Italy for over three years, leading one of the most stable administrations in the republic’s history and cultivating a strong international image, is now placing this hard-won credibility on the line. This referendum, occurring on Sunday and Monday, is a high-stakes gamble. While ostensibly a vote on technical amendments to the post-fascist constitution, it has undeniably transformed into a de facto confidence vote for Meloni’s government ahead of the 2027 general election.
Professor Mattia Diletti of Sapienza University in Rome described the situation as a “political referendum and is a power issue for her. It is essentially a choice between Giorgia Meloni or the judges.”
What’s on the Ballot?
The proposed changes aim to introduce significant structural shifts within the judiciary. If the “yes” campaign prevails, key alterations would include:
- Separating Career Paths: Judges and prosecutors would have distinct career trajectories, moving away from their current shared progression.
- Lottery-Selected Governing Councils: Two new governing councils would be established, with their members selected by lottery. This mechanism is intended to reduce political influence in appointments and oversight.
- Dedicated Disciplinary Court: A specific court would be created to handle disciplinary matters concerning judges and prosecutors.
Meloni’s government asserts these reforms are crucial for ensuring judicial impartiality, specifically to root out what she terms the “leftwing political ‘factions'” allegedly dominating the judiciary. Conversely, opponents argue these measures will weaken the autonomy and power of judges and prosecutors, making them more susceptible to governmental pressure.
Public Opinion and Escalating Rhetoric
Opinion polls, prior to the pre-election blackout period, suggested a tight race. The “no” camp, bolstered by significant opposition support, appeared to be gaining momentum as the debate intensified.
In the closing stages of the campaign, Meloni amplified her messaging, accusing judges of actively obstructing her government’s policies on crime and immigration. She warned that a failure to approve the changes would jeopardise public safety, implying it would lead to the release of “more immigrants, rapists, paedophiles and drug dealers.”
During a recent event in Milan, Meloni declared that a “no” vote would result in “even more negligent judges and even more surreal sentences.”
The justice minister, Carlo Nordio, courted controversy by referring to the judiciary’s supreme council as a “para-mafia system.” His chief of staff, Giusi Bartolozzi, further inflamed tensions by likening the judiciary to a “firing squad” that needed to be dismantled.
Historical Context and Legacy
Justice has long been a sensitive and complex issue in Italy, with the shadow of Silvio Berlusconi, the late former prime minister who faced numerous criminal trials, casting a long presence. Forza Italia, Berlusconi’s party and a coalition partner in Meloni’s government, has expressed support for the referendum. Marina Berlusconi, Silvio’s daughter, stated that a “yes” victory would be more than just her father’s triumph.
However, some, like criminal lawyer Luigi Li Gotti, believe the reforms are specifically designed to target public prosecutors. Berlusconi had previously labelled prosecutors as “the cancer of our democracy.” Li Gotti fears this could make prosecutors hesitant to pursue high-profile corruption and organised crime cases.
Li Gotti, a former justice undersecretary, faced criticism from Meloni last year after filing a legal complaint against her. This complaint stemmed from Italy’s decision to release and repatriate a Libyan general wanted for alleged war crimes by the international criminal court. Li Gotti maintains that the government’s true objective is to “weaken prosecutors and indirectly influence” investigations, rather than improving the efficiency of Italy’s famously slow justice system, as claimed by Meloni.
Broader Concerns and Future Implications
Antonella Attardo, a civil judge in Milan, highlighted the public’s lack of understanding of the complex legal changes at play, despite the intense political rhetoric. “The fear is very much about what will come afterwards,” she remarked. Attardo pointed to a potential law change mooted by Italy’s Deputy Prime Minister Antonio Tajani, which could increase the accountability of police forces to their respective government ministries. This, she fears, would diminish the power of prosecutors to coordinate investigations.
“This would mean that the executive decides which investigations are going to be done and how,” Attardo explained. “The fear is that investigations on corruption or on those close to political or economic power would be silenced.”
Conversely, Micol Parati, a lawyer from Lombardy who supports the proposals, argued at a Rome demonstration that “Nowhere is it written that the judiciary would become slaves of the executive if the referendum wins.”
Beyond the immediate judicial reforms, Li Gotti expressed concern that a Meloni victory could embolden her to pursue other significant constitutional changes, such as the direct election of the prime minister.
Meloni’s Strategic Position
Meloni currently enjoys unusually high popularity ratings for an Italian leader at this stage of their government’s term. A successful referendum outcome could significantly bolster her position, allowing her to prioritise electoral law reforms designed to secure a comfortable win for her coalition in the upcoming general election.
As Professor Diletti noted, “If she loses, it will be upsetting because it will be much harder for her to prepare for the elections.”
In a bid to connect with younger voters in the crucial final days before the ballot, Meloni appeared on an informal podcast hosted by a rapper. She emphasised that the vote was “not about Meloni, it is about justice.” However, not all young Italians are easily swayed. Matteo Bruno, a master’s student, stated he was travelling back to his hometown of Catania specifically to vote, believing, “this is a constitutional reform that might have important consequences for the future of our democracy.”
