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Italian Voters Reject Judicial Reform Referendum

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Italian Voters Reject Judicial Reform in National Referendum

Italian voters have rejected a constitutional judicial reform in a recent national referendum. The proposal, supported by Prime Minister Giorgia Meloni's government, aimed to restructure the judiciary by separating the roles of judges and prosecutors and modifying their oversight body.

Following the vote, Prime Minister Meloni conceded the outcome, stating her respect for the public's decision and affirming her government's commitment to continue its mandate.

Referendum Outcome

With nearly all votes counted, approximately 54% to 55% of voters cast a "No" vote against the reform, while 45% to 46% voted in favor. Voter turnout for the referendum reached nearly 59%.

Proposed Reforms

The proposed reform sought to implement several changes to Italy's judicial system:

  • Separation of Roles: It aimed to separate the career paths and professional bodies for judges and prosecutors. Currently, Italy operates a unified judiciary where judges and prosecutors share the same professional body and can switch roles.
  • Superior Council of the Magistracy (CSM): The reform proposed dividing the CSM, the judiciary's self-governing body, into two distinct councils.
  • Disciplinary Court: A new Disciplinary Court was to be established, with members drawn by lot, some from lists compiled by parliament.

Legislative Path and Arguments

The reform had been approved by Parliament but did not secure the two-thirds majority required to bypass a popular vote, thereby triggering the public referendum.

Proponents' Arguments

Supporters, including the government and Justice Minister Carlo Nordio, argued that these measures were necessary for judicial impartiality and to address existing issues within the judiciary. Nordio suggested the reform would correct a "para-Mafia mechanism" within the judiciary.

Opponents' Arguments

Critics argued the reform would undermine judicial independence and potentially grant the government greater control over the magistracy. They also raised concerns that dividing the CSM would increase its susceptibility to political pressure and that a lottery system for selecting court members could undermine merit. Opponents further stated that the reform failed to address fundamental issues within Italy's justice system, such as lengthy trials, case backlogs, and prison overcrowding.

Political Reactions and Context

Prime Minister Meloni stated that the referendum was not a judgment on her leadership and affirmed her government would continue governing. This outcome marks the first significant setback for Meloni's government since it took office in October 2022.

Political reactions included:

  • Galeazzo Bignami from Prime Minister Meloni's Brothers of Italy party expressed disappointment but noted the reform was a united proposal from the center-right coalition.
  • Nicola Fratoianni of the Green Left Alliance criticized the "yes" campaign's stance.
  • Matteo Renzi, leader of Italia Viva, recommended the government heed the public's decision.
  • Former Prime Minister Giuseppe Conte, who campaigned against the reform, called for a new government.
  • Cesare Parodi, president of the National Association of Magistrates, resigned, with the timing coinciding with the preliminary results.

Political analysts indicated that the reform's complexity caused the vote to become, in effect, a referendum on Meloni's leadership.