A constitutional referendum on the reform of the judicial system was held in Italy on 22 and 23 March 2026. Its purpose was to amend the part of the Constitution of the Italian Republic concerning the Judiciary. Voters were asked whether they approved a constitutional law that would modify the Constitution in several respects, most notably by introducing the constitutional separation of career paths between judges and public prosecutors, dividing the High Council of the Judiciary (CSM) into two distinct bodies, selecting their members by sortition rather than by traditional election, and establishing a so‑called “High Disciplinary Court” to oversee disciplinary proceedings (instead of the currently existing Disciplinary Section of the CSM).
The government‑initiated constitutional bill was decisively rejected by popular vote.
During the referendum campaign, several members of the government implicitly acknowledged that the true aim of the reform was to curtail the independence of the judiciary by reducing the powers of judges and prosecutors and by increasing political control over the justice system. The chief of staff to the Minister of Justice even stated that the reform was intended to “get the judiciary out of the way”, describing the courts as “firing squads” (sic), in reference to investigations and trials involving politicians, mostly from the far‑right majority, as well as to judicial decisions concerning migrants and other sensitive matters.
Both the Central Council of the IAJ and the General Assembly of the EAJ issued, over the past months, several highly critical assessments of the proposed reform. We list them here:
- Warsaw Resolution of the EAJ General Assembly, 26 April 2024: https://www.iaj-uim.org/iuw/wp-content/uploads/2024/04/EAJ-Resolution-Italy.pdf
- Yerevan Further Statement of the EAJ General Assembly, 9 May 2025: https://www.iaj-uim.org/iuw/wp-content/uploads/2025/05/Italy_EAJ-Statement_Yerevan-2025.pdf
- Baku Resolution of the IAJ Central Council, 15 October 2025: https://www.iaj-uim.org/iuw/wp-content/uploads/2025/10/IAJ_Resolution_Italy_Baku25-EN.pdf
On 23 October 2025, the UN Special Rapporteur on the Independence of Judges and Lawyers, Prof. Margaret Satterthwaite, addressed a letter to the Italian Government concerning the proposed constitutional amendments on the separation of the careers of judges and prosecutors. In her communication, the Special Rapporteur expressed detailed concerns regarding the reform. She concluded by urging a careful review of the proposed amendments to ensure that they strengthen judicial independence and safeguard individuals’ rights to a fair and public hearing by a competent, independent and impartial tribunal.
- Letter to the Italian Government by the UN Special Rapporteur on the Independence of Judges and Lawyers: https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=30446
On 12 March 2026, the Greek Association of Judges and Prosecutors also expressed its solidarity with Italian judges and prosecutors, criticising the proposed reform.
- Statement of the Greek Association of Judges and Prosecutors: https://www.iaj-uim.org/iuw/wp-content/uploads/2026/03/Dichiarazione-dellAssociazione-dei-Giudici-e-dei-Pubblici-Ministeri-Greci.pdf
