OK by the Senate

What is career separation and what it changes with the justice reform

On the next two steps of the constitutional reform, the government and majority will push the accelerator. The aim is to go to the referendum, which does not have a quorum, in spring 2026

by Rome Editorial Staff

La protesta delle opposizioni nell’aula del Senato in occasione del voto finale sul ddl costituzionale in materia di ordinamento giurisdizionale e istituzione della Corte disciplinare, Roma, Martedì 22 Luglio 2025 (Foto Roberto Monaldo / LaPresse)   Opposition protests in the Senate during the final vote on the constitutional bill relating to the judiciary system and the establishment of the Disciplinary Court, Rome, Tuesday, July 22, 2025 (Photo by Roberto Monaldo / LaPresse)

4' min read

4' min read

The Senate gave the green light to the second reading of the constitutional reform of the separation of careers between judges and prosecutors. The Senate's vote ratifies the second of four parliamentary steps marking the reform's passage. The first was the one in Montecitorio on 16 January. Predictably, no changes were made to the text approved by the government last year, as was the case in the Chamber. On the next two steps, the government and the majority will push on the accelerator with the aim of going to the probable referendum, which does not have a quorum, in spring 2026.

Meloni: step towards fairer and more transparent justice

"The approval at second reading in the Senate of the constitutional reform of the justice system marks an important step towards a commitment that we had made to the Italians and that we are resolutely pursuing." Premier Giorgia Meloni affirmed this on social media. "The path," she adds, "is not yet concluded, but today we confirm our determination to give Italy an increasingly efficient, fair and transparent judicial system.

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Separazione carriere, Nordio: "Passo importante verso indipendenza magistratura"

Opposition protest

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Opposition protest in the Senate chamber after the approval of the constitutional bill on the separation of careers. Many opposition senators sang the chorus 'shame, shame'. The PD parliamentarians protested by raising placards with the cover of the Constitution. From the M5S benches they raised placards telling the majority not to pursue this law in the name of Falcone and Borsellino. 'Not in my name', the placards read, flanked by the photo of the anti-Mafia judges. Next to it was the sign 'but in theirs', with a photomontage of Licio Gelli next to Silvio Berlusconi.

I senatore del Pd, al momento del voto della riforma della separazione delle carriere, hanno tutti esposto un frontespizio della Costituzione rovesciata. I deputati di M5s hanno invece alzato un cartello con le immagini di Borsellino e Falcone con la scritta "non nel loro nome". +++FOTO DIFFUSA DALL'UFFICIO STAMPA - USARE SOLO PER ILLUSTRARE OGGI LA NOTIZIA INDICATA NEL TITOLO - NON ARCHIVIARE - NON VENDERE - NON USARE PER FINI NON GIORNALISTICI - NPK+++

Anm: reform tames magistrates, rule of law more fragile

"The constitutional reform approved today will take away citizens' guarantees, this is our main concern. And it is clear that the intention of this reform is to have a tamed and subordinate judiciary, which renounces its task of controlling legality". This was stated by the Central Executive Council of the National Association of Magistrates. "In full respect of today's vote and waiting for the subsequent parliamentary steps provided for by Article 138 of the Constitution, we will continue to intervene in the public debate to argue with conviction and determination the reasons for our opposition to this bill. We will do so in the coming months and we will do so until the referendum. The Nordio reform jeopardises the independence of the judiciary, it does so by weakening the self-governing body in the first place. And it does so by not providing the justice system with the resources it needs to function effectively. This reform does not strengthen the rule of law: it makes it more fragile,' concludes the Central Executive Council of the ANM.

Calenda: we vote yes to career separation. Renzi abstains

Although the reform lacks the two-thirds vote needed to avoid a confirmatory popular referendum, part of the opposition supports the intervention. This is the case with Azione. "We are voting for the separation of careers, it was in our election programme. What's the problem, if you think it's right for the country why shouldn't I vote for it,' Carlo Calenda told Ominbus on La7. While Renzi deploys Iv on the line of abstention. An abstention of 'openness'

The separation of careers

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The heart of the measure is therefore the separation of the careers of prosecutors and judges, whereby each person will have to make a definitive choice of function at the start of his or her career, and stay there. In short, no more 'revolving doors' between prosecutors and judges, according to an expression abused in recent years.

The two Csm and the appointment by lot

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The establishment of two SCMs is envisaged, one for the prosecuting magistracy and the other for the judiciary, both chaired by the Head of State The members of the two SCMs remain in office for four years. And they include, by right, the leaders of the Supreme Court of Cassation (in the former the Attorney General and in the latter the President). The other councillors will be chosen by drawing lots, tempered in the case of parliamentary appointees, dry for the togati. In fact, one third will be drawn by lot from a list of ordinary professors, university professors in legal subjects and lawyers with at least 15 years of practice compiled by the Parliament in joint session and, for the remaining two thirds, respectively from among judges and prosecutors.

The High Disciplinary Court

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The disciplinary function is taken away from the future SCM and entrusted to a High Court, which is assigned disciplinary jurisdiction over ordinary judges and prosecutors. The High Court is composed of 15 judges, three presidentially appointed and the other 12 drawn by lot (three drawn by lot from a list drawn up by Parliament, six judges and three prosecutors)

The Times

The rules on the judiciary and disciplinary jurisdiction will have to be adapted to the new constitutional provisions within one year after the reform comes into force (in the meantime, the existing rules will be observed). It is important to emphasise that, since it is a constitutional revision bill, its parliamentary path involves two deliberations by each chamber, at intervals of no less than three months, and, in the absence of a qualified two-thirds majority in the second vote, the law will be submitted to a popular referendum. Therefore, after the Senate's OK, at least another three months must pass. In the very likely scenario of a constitutional referendum (where no quorum is needed), the consultation could, in the best hope, be held in the spring of next year.

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