Senate vote paves way for referendum as Meloni government aims to overhaul Italy’s justice system in a move opposed by the judiciary.
The Italian senate on Thursday gave its final approval to a controversial constitutional reform bill concerning the judiciary, amid opposition from magistrates and the centre-left opposition.
A key provision of the sweeping reform – which will require a referendum to become law – is the separation of careers for judges and prosecutors.
This means they would no longer be able to switch between the two roles and must choose from the outset which career to follow, without being allowed to change.
Currently, those wishing to become a magistrate take a single public competiton, valid for both positions, and after passing it, decide whether to become a public prosecutor or a judge.
They can also decide to switch between the two positions, but can only do so once and within the first nine years of their career.
Judiciary structure
The constitutional amendment aims to redefine the internal judiciary structure by creating distinct professional paths for judges and public prosecutors, who are currently part of a single body of magistrates.
The reform would replace the current single judiciary council which oversees appointments, careers and disciplinary actions with two distinct councils – one for judges and one for prosecutors – while a new, separate high disciplinary court would be established to handle sanctions against magistrates.
There are currently significant overlaps between the two spheres, with the vast majority of both judges and prosecutors belonging to the National Association of Magistrates (ANM).
Meloni’s flagship reform
The right-wing government of prime minister Giorgia Meloni claims the reform is intended to bolster the impartiality of judges by separating their career path from that of prosecutors, arguing that this will prevent conflicts of interest and reduce the risk of alleged political factions within the judiciary.
Meloni hailed the bill – which was passed in the senate with 112 votes in favour, 59 against and nine abstentions – as a “historic milestone”, describing it as “an important step towards a more efficient, balanced and citizen-orientated system”.
Oggi, con l’approvazione in quarta e ultima lettura della riforma costituzionale della giustizia, compiamo un passo importante verso un sistema più efficiente, equilibrato e vicino ai cittadini.
Un traguardo storico e un impegno concreto mantenuto a favore degli italiani.… pic.twitter.com/EHWvcCiVIX
— Giorgia Meloni (@GiorgiaMeloni) October 30, 2025
Meloni has long been at odds with Italy’s judiciary, regularly accusing magistrates of stymying plans by her government, including in relation to cases such as the migrant detention centres in Albania and the Almasri case.
Just this week, Meloni lashed out at the audit court after it rejected a controversial plan to build a bridge over the Messina Strait, blasting the ruling as “intolerable interference” and “yet another act of judicial overreach over the choices of the government and parliament”.
Meloni on Thursday said the referendum represents a “historic opportunity for a fairer justice system”, saying: “Those who think that everything is fine in the justice system will vote against the reform, and therefore will vote no. Those who think it can improve will vote yes for the reform”.
Opposition
The ANM and centre-left opposition parties are strongly opposed to the reform, claiming it will weaken the judiciary and accusing the government of seeking control over the judiciary.
“This reform alters the power structure designed by the constituent assembly and jeopardises the full implementation of the principle of equality of citizens before the law,” the ANM stated.
“This is not a reform that improves the justice system, nor does it help Italians” – Elly Schlein, leader of the Partito Democratico (PD) party said – “It serves this government to have free rein and put itself above the laws and the constitution”.
Giuseppe Conte, leader of the Movimento 5 Stelle, said: “They want full powers, and we will oppose them at all costs.”
Debate
The separation of judicial careers would represent a significant change to the judicial system, which has been debated by successive governments for decades.
Right-wing parties are in favour the justice reform because, in their view, it would allow judges to have specific skills without being influenced by previous prosecutorial experience or by frequenting the same circles as prosecutors.
Berlusconi
The reform is particularly popular with Forza Italia because it implements a long-standing thesis of Silvio Berlusconi, the party’s former leader and three-time prime minister.
Following the senate vote on Thursday, Berlusconi’s daughter Marina claimed that approval of the reform was a victory for her father who long claimed that his legal battles legal were persecution by left-leaning magistrates.
Immediately after the vote, members of the Forza Italia party paraded through Piazza Navona in Rome with a giant poster of Berlusconi and the banner that read: “Thanks to Forza Italia, a fair justice system.”
Referendum
As the bill did not receive the required two-thirds majority in the senate (or in the lower house last month), the constitutional change is expected to be put to the people in a confirmatory referendum.
Justice minister Carlo Nordio – who championed the reform and has expressed the hope that the campaign will not be “politicised” – said the referendum would likely be held between mid-March and mid-April 2026.
