This weekend will see Italy go to the polls on March 22 and 23 for its upcoming constitutional referendum – the fifth in Italian Republic history.
Proposed reforms primarily seek to ensure a full separation between the roles of judges and prosecutors. Currently, prospective judges and prosecutors belong to the same professional body, recruited under the same procedures through the same entrance exams, and can choose to switch between the two roles.
The reforms proposed by the government, however, will impose more distinct professional pathways for each role, fully separating the two careers, in addition to the creation of a new Disciplinary Court.
If citizens vote affirmatively, the Superior Council of the Magistracy, which currently governs both, will be split into two separate councils, with council leaders selected through a lottery rather than an election.
The European Commission, however, has warned such a measure goes against common European legal guidelines.
Why this matters
Whilst on paper the reforms appear to be a technical matter with relevance only for those working within the judicial system, critics have raised concerns about the potential politicisation of the judicial system and the influence being exerted by Prime Minister Giorgia Meloni and her right-wing coalition.
Meloni has stated that these reforms are necessary due to the judiciary becoming dominated by ‘left wing factions’ in its present unified form, which have acted almost as a second opposition – blocking her attempts to take a hard line on illegal migration and crime.
“If the reform doesn’t pass this time, we will find ourselves with even more powerful factions, even more negligent judges, even more surreal sentences, immigrants, rapists, pedophiles, drug dealers being freed and putting your security at risk,” Meloni stated.
Critics have argued that it is precisely these reforms that will threaten the independence of the judiciary, leaving it open to political pressure and greater government control.
Elly Schlein, leader of the centre-left Democratic Party (PD), stated the proposed reforms “serve this government to have free rein and put itself above the laws and the constitution.” Meanwhile, Giuseppe Conte, leader of the populist Five Star Movement, claims “they want full powers, and we will oppose them at all costs.”
The proposed reforms have been opposed not only by Italy’s opposition parties, but also by many within the justice system itself. In January, walk-outs were staged by judges and prosecutors in numerous cities across Italy including Naples, Milan, Rome and Turin.
Giuseppe Santalucia, president of the Italian National Association of Judges, warned that the reforms would hamper sensitive information investigations and undermine the principles of the constitution, as well diluting expertise and accountability within the judicial system.
Rigging elections?
The referendum comes several weeks after the Meloni government also proposed reforms to Italy’s electoral system – which opposition parties have claimed is an attempt to rig future elections and keep the left out of power.
The Meloni government-supported bill is the result of a deal between the prime minister’s party, the right-wing Brothers of Italy, and her current coalition partners: the center-left Forza Italia and the far-right League, with no involvement from any opposition parties.
The proposal would entirely remove first-past-the-post seats, which currently make up a third of the Italian Parliament, in favour of a fully proportional system.
Whereas proportional representation has frequently lent itself to more coalition-building and less domination by single parties when used in countries across Europe, some have argued that the proposal would give Italy’s current governing coalition a distinct advantage. In the last elections, the right won over 80% of available seats as their coalition united behind single candidates – the left remained fragmented.
Polls found that the proposed reforms would produce a radically different outcome than the current setup: although there are no overall majorities under the present system, the right would hold a 57% majority if the proposed changes go through.
In this, any party that achieved more than 40% of the vote would be automatically guaranteed a majority.
The government, however, argues that holding a majority is needed to avoid technocratic governments. Meanwhile, the opposition have portrayed this as further instances of corruption and skewing of electoral outcomes in favor of the right.
“Their priority, their only preoccupation is to guarantee their own positions, changing the law in an unacceptable way,” the PD have stated.
Member of the Chamber of Deputies Angelo Bonelli of the Green and Left Alliance told POLITICO that this was a “clear attempt to manipulate the forthcoming elections” stemming from fears by the government that they will lose the upcoming constitutional referendum.
Wider implications
Recent polls have indicated that the government is set to lose the upcoming referendum by five points, prompting Meloni to become more directly involved in debates, whilst also distancing herself from ally U.S. President Donald Trump over the conflict with Iran.
Previous constitutional referenda have often been seen as a verdict on the government itself, but Meloni has been clear that this week’s vote should be about the issue of the judiciary, and not as a test of her own authority.
“There’s no way I’ll resign under any circumstances,” Meloni stated. “I want to see the end of this legislature.”
Featured image: via Store Norske Leksikon
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