Italy's constitutional referendum on judicial reform opens as PM Meloni faces a pivotal political and legal test over the separation of judges and prosecutors

Italian voters began casting ballots on Sunday 22 March 2026 in a two-day referendum on constitutional amendments to overhaul the country's judicial system. The vote, which does not require a minimum turnout threshold to be valid, asks voters to approve changes that would: (1) separate the career paths of judges and public prosecutors — currently able to switch roles during their careers — and (2) split Italy's judicial self-governing body, the CSM (Consiglio Superiore della Magistratura), into two distinct entities. The reform was introduced by Prime Minister Giorgia Meloni's right-wing coalition and has become the defining domestic political test of her government ahead of a general election due in 2027. Polls heading into the vote showed the outcome was too close to call. The constitutional changes would require amendment to Italy's post-war constitution, which was designed specifically to insulate the judiciary from executive influence following the fascist period. Critics argue the reform weakens prosecutorial independence; supporters contend it eliminates conflicts of interest inherent in a system where judges and prosecutors share career structures and advancement pathways. For City lawyers, the Italian judicial reform has direct commercial relevance: the robustness and predictability of Italy's judicial infrastructure affects the enforceability of contracts and arbitration awards governed by Italian law, and is a live consideration for lenders and investors structuring deals with Italian counterparties. The outcome will also be closely watched by other European jurisdictions — notably Poland and Hungary — where judicial independence has been a source of EU institutional tension.

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