Justice referendum: how many committees? Will the government fall if the no vote wins? Five questions and answers on the vote
The signatures of the majority deputies have been deposited with the Court of Cassation. The judges of the Court have one month to verify the legitimacy of the request and pass the ball to the President of the Republic who, on the proposal of the Council of Ministers, will set the date of the consultation.
Key points
The countdown for the referendum on the justice reform (separation of the careers of magistrates and double judgeship) has officially begun. The group leaders in the Chamber and Senate of the FdI, Lega, FI and Noi Moderati have deposited the signatures collected among the majority deputies and senators at the Supreme Court to request it. The oppositions in Montecitorio and Palazzo Madama are about to do the same. The Court's judges have one month to verify the legitimacy of the request and pass the ball to the President of the Republic who, on the proposal of the Council of Ministers, will set the date for the consultation. For the confirmatory referendum there is no quorum of half plus one of the voters and it is therefore valid regardless of the turnout.
When will the referendum on justice be held?
According to Justice Minister Carlo Nordio, the government's objective is to hold the referendum between March and April 2026
Does the government fall if the no vote wins?
There is no doubt that the majority is aiming at the popular endorsement of one of its landmark reforms. The opposition, on the other hand, is aiming at the rejection of the question in order to deal a hard blow to the centre-right. Prime Minister Giorgia Meloni, however, is not willing to tie the fate of the executive to the outcome of the consultation. "If the referendum should reject the reform,' warned the premier's right-hand man, Undersecretary Alfredo Mantovano, 'we will continue our work calmly. "If the reform was not approved I would certainly be disappointed, but I would not put the government in difficulty with my resignation. As the premier said, and as I insist, this referendum does not and must not have a 'Meloni yes-Meloni no' political meaning. In case of defeat, nothing would change, except of course for my personal regret,' added Justice Minister Carlo Nordio for his part.
Which question will you vote on?
There is still a minimal margin of uncertainty. The title of the law is not very indicative of the content of the reform on which the voter will be asked to vote. The majority therefore hopes for a change. It is no coincidence that, while the Montecitorio question slavishly follows the title of the constitutional law - 'Norms on the subject of jurisdictional order and the institution of the Disciplinary Court' - the Senate question mentions it, adding that the bill is 'concerning the separation of careers between public prosecutor and judge, the constitution of the Disciplinary Court for magistrates, and the formation by drawing lots of the Superior Councils of the Magistracy'. As anticipated in Il Sole 24 Ore, the divergence is the result of concerns in both the government and the majority over the absence of references to the main innovations of the reform in the title of the measure being submitted to the voters. Hence the double question: an attempt that most consider doomed to failure. In fact, Article 16 of Law 352 of 1970 requires the formulation of the question with the title of the law published in the Official Gazette. The problem did not arise in 2016, with the referendum that - rejected - led to the end of the government led by Matteo Renzi. The title of the law that acted as the leading element of the referendum question made it explicitly clear what the object of the dispute was: 'Provisions for overcoming parity bicameralism, reducing the number of parliamentarians, limiting the operating costs of the institutions, abolishing the CNEL and revising Title V of Part II of the Constitution'.
How many committees for yes and no?
Committees are constantly growing. The Sì Separa Committee, set up by the Luigi Einaudi Foundation, a liberal-inspired think tank, is chaired by lawyer Gian Domenico Caiazza, former president of the Union of Criminal Chambers. Another leading exponent Antonio Di Pietro, former Mani Pulite prosecutor. Former ministers Claudio Signorile and Salvo Andò, and another socialist historian such as Fabrizio Cicchitto are among the promoters of the 'Juliano Vassalli Committee for Yes'. Another committee for a 'Yes' to the referendum on justice reform is promoted by the Union of Criminal Chambers. It is called 'Penal Chambers for Yes' and is chaired by the president of the Union, Francesco Petrelli. On the other front, the 'Committee for the no vote in defence of the Constitution' has been promoted by the National Association of Magistrates. Honorary president is Enrico Grosso, lawyer and professor of Constitutional Law at the University of Turin. Forza Italia, which regards the reform as a political legacy of Silvio Berlusconi, has announced that it will set up its own committees on the ground. It is unlikely that Lega and Fdi will promote party committees. And Tajani has been told loud and clear by his allies to 'not personalise' the campaign. The oppositions are also preparing their referendum strategy. The objective of the political front - orphan of the centrists and restricted to the PD, M5s and Avs - is to set up a single committee for the No vote that also includes acronyms and civil associations. The hypothesis of collecting signatures from citizens (500,000) by taking advantage of the new online modality is still being evaluated.
