Focus

Justice referendum, the reasons for yes and no

Four videos on the contents of the 22-23 March consultation: from instructions for use to the discussion between constitutionalists Enrico Grosso and Nicolò Zanon

by Nicoletta Cottone and Vittorio Nuti

Referendum sulla giustizia: ecco le cose da sapere

3' min read

Translated by AI
Versione italiana

3' min read

Translated by AI
Versione italiana

On 22 and 23 March, votes will be cast for the confirmatory referendum on the law reforming the Constitution on justice.

Il Sole 24 Ore has prepared four in-depth videos, FocusReferendum, starting with the contents of the consultation and including a discussion between two constitutionalists on the main novelties of the reform.

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Guests in the Rome studios of Il Sole 24 Ore were Enrico Grosso, honorary president of the Just Say No Committee, and Nicolò Zanon, president of the Yes Reform Committee.

At the centre of the discussion were the main innovations of the reform, to clarify the positions of the Yes and No supporters.

The videos are broadcast on the 246 digital terrestrial TV channel of the 24 Ore Group and published on the Sole 24 Ore website.

Referendum on justice, things to know

In the first video, a vademecum for voting, reminding us of some practical information for the exercise of the right to vote and the practical consequences of voter choice.

As is well known, the text approved by Parliament provides for the separation of careers between judges and prosecutors, but also for the creation of two separate High Councils of the Judiciary, one for judges, one for prosecutors.

The reform also introduces a Disciplinary Court of constitutional rank, whose members are predominantly clerks, with jurisdiction over disciplinary proceedings against ordinary magistrates.

Referendum sulla giustizia: ecco le cose da sapere

Career separation, why yes and why no

The face-to-face meeting between constitutionalists Enrico Grosso and Nicolò Zanon opens on the issue of the separation of the careers of investigating and judging magistrates envisaged by the constitutional reform law at the centre of the referendum consultation.

In the time available to him, Grosso warned that the separation of careers 'will lead to a greater risk of a less independent judiciary, because in reality, the reform is aimed more at the separation of the Csm than at the separation of careers'.

For Zanon, however, it is 'a reform that has been awaited for 40 years and brings us into line with the largest Western democracies. It separates the career of those who judge from the career of those who accuse'.

Referendum giustizia: separazione carriere, perché sì e perché no

Csm splitting

In order to explore the contents of the constitutional referendum of 22-23 March 2026, Enrico Grosso and Nicolò Zanon discussed the splitting of the Superior Council of the Judiciary, envisaged by the constitutional reform law approved by Parliament in October 2025.

For the president of the Committee Yes to Reform Zanon, 'this reform was intended to clear the field of any misunderstanding about the hypothesis that the political power wants to get its claws into the prosecution'.

President Grosso took the opposite view: 'it makes a de facto political influence on both categories more likely'.

Referendum giustizia: sdoppiamento Csm, perché sì e perché no

The Disciplinary Court

The central theme of the third confrontation was the establishment of the High Disciplinary Court with jurisdiction over disciplinary proceedings against ordinary magistrates, introduced by the constitutional reform law at the centre of the referendum question.

For the honorary president of the Just Say No Grosso Committee, with the reform 'the intention was to make an absolutely selective intervention by entrusting only ordinary magistrates with disciplinary justice to a body that even from its name alone seems to have been designed to instil fear'.

For Zanon, 'this is not about intimidation or more punishment, it is about building an authoritative body that is genuinely third party to the guild and that is able to perform this disciplinary function'.

Referendum giustizia: Alta Corte disciplinare, perché sì e perché no
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