Italy heads into a pivotal constitutional moment on March 22 and 23, 2026, as voters are called to decide on a sweeping reform of the judicial system widely known as the “Nordio Reform.” Unlike many Italian referendums, this is a confirmatory constitutional vote, meaning there is no quorum requirement: whatever the turnout, a simple majority will determine whether the reform becomes law.
At stake is not a marginal adjustment but a structural redesign of how justice is administered in the Republic. The reform rests on four core pillars, each aimed according to its proponents at addressing long-standing tensions within the Italian judiciary.
The first and most consequential change is the separation of careers between judges and public prosecutors. Today, both belong to the same professional corps and can move between roles during their careers. The reform would end this fluidity, requiring magistrates to choose at the outset whether they will pursue a career as a judge or as a prosecutor. Supporters argue this will strengthen impartiality by clearly distinguishing those who adjudicate from those who bring charges.
The second pillar involves restructuring the Consiglio Superiore della Magistratura (CSM), the judiciary’s self-governing body. Instead of a single council overseeing all magistrates, the reform proposes two separate councils; one for judges and one for prosecutors. This division is intended to reinforce the institutional distinction between the two functions.
A third, more controversial innovation is the introduction of sortition, or selection by lottery, for a significant portion of council members. The rationale is to weaken entrenched internal factions, often described as “correnti”, that critics say have come to resemble political groupings within the judiciary. By randomizing part of the selection process, the reform seeks to dilute these power networks.
Finally, the reform establishes a new High Disciplinary Court, transferring disciplinary authority away from the councils themselves. This aims to create a more neutral and specialized mechanism for handling cases involving judicial conduct.
The debate around the referendum has been intense and revealing of deeper fault lines in Italy’s institutional culture. Those advocating a “Yes” vote frame the reform as a necessary modernization. In their view, separating careers aligns Italy with other European systems, while sortition and structural changes reduce corporatism and increase accountability. They argue that the current system blurs roles and allows internal factions to exert undue influence, ultimately undermining public trust.
Opponents, however, warn of unintended consequences. A “No” camp has emerged around concerns that the reform could weaken judicial independence. In particular, critics fear that separating prosecutors from judges may open the door over time to greater political influence over public prosecution. The use of sortition is also contested, with detractors arguing that randomness risks sidelining competence and experience in the governance of such a critical institution.
Prime Minister Giorgia Meloni has taken a clear position in favor of the reform, endorsing a “Yes” vote. However, she has been careful to frame the referendum not as a plebiscite on her government but as a decision on the justice system itself. This distinction is politically significant. By decoupling the vote from her administration’s legitimacy, Meloni seeks to broaden support beyond her electoral base and to present the reform as a matter of institutional interest rather than partisan alignment.
Her stance reflects a broader strategic calculation. The reform has long been a priority for segments of the Italian political spectrum that view the judiciary as overly politicized or insufficiently accountable. At the same time, the sensitivity of constitutional changes, especially those touching the balance of powers requires a narrative that emphasizes systemic improvement rather than political advantage.
The referendum is taking place now because the constitutional law was approved in Parliament with only a simple majority. Under Italy’s constitutional framework, such changes must be submitted to a popular vote unless they achieve a two-thirds supermajority. The absence of that broader parliamentary consensus has effectively transferred the final decision to the electorate.
As Italians prepare to vote, the choice before them is both technical and profoundly political. It touches on fundamental questions: how to balance independence and accountability in the judiciary, how to insulate justice from factionalism without undermining expertise, and how to adapt institutional structures to contemporary expectations of transparency and fairness.
Whatever the outcome, the referendum will mark a significant moment in Italy’s constitutional evolution. It is not merely a vote on legal mechanisms, but a reflection of how the country understands the role of justice within its democratic order and how far it is willing to reshape that role in pursuit of reform.
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