Giorgia Meloni Advances Judicial Reform Plans Toward Constitutional Referendum

The Italian government advances a plan to separate judicial and prosecutorial careers setting the stage for a high stakes constitutional vote.

By: AXL Media

Published: Feb 18, 2026, 8:15 AM EST

Source: Information for this report was sourced from Politico

The Proposed Separation of Judicial Careers

The centerpiece of the reform package introduced by Justice Minister Carlo Nordio is the definitive separation of the careers of judges and prosecutors. Currently in Italy individuals can switch between these two roles during their professional lives. The government argues that this creates an imbalance of power and a perceived lack of impartiality in the courtroom. By creating two distinct paths the administration seeks to ensure that judges remain truly neutral arbiters between the prosecution and the defense. This proposal has been a long standing goal of the Italian center right and represents a significant shift in the country's legal tradition.

The Path to a Constitutional Referendum

Due to the profound nature of these changes the reform requires an amendment to the Italian Constitution. Under Italian law if a constitutional change does not receive a two thirds majority in both houses of parliament it must be submitted to a public referendum if requested. Given the current political divisions in Rome a referendum is considered nearly certain. This vote will represent a major test for Giorgia Meloni's leadership as it forces a direct public debate on the structure of state power. Unlike previous referendums that led to government collapses Meloni has attempted to frame this as a technical necessity for a modern democracy.

Strategic Impact on Judicial Independence

The most intense criticism of the plan comes from the National Association of Magistrates and various opposition parties. They contend that separating careers will eventually lead to prosecutors being placed under the control of the executive branch. Critics fear that this would destroy the autonomy of the judiciary which was established as a fundamental pillar of the post war republic to prevent the return of authoritarianism. Proponents dismiss these fears as alarmist stating that both judges and prosecutors will remain governed by independent bodies even if they are separate. The outcome of this debate will define the relationship between the government and the courts for decades.