Referendum for final OK

Justice, third yes to the separation of careers: tussle in the House. What changes with the reform

The fourth reading in the Senate is expected by the end of the year. In the absence of a qualified two-thirds majority, the law will be submitted to a popular referendum. The consultation (for which no quorum is required) could be held in the spring of next year.

by Rome Editorial Staff

Momenti di tensione tra deputati durante la votazione finale del disegno di legge costituzionale sulla riforma della magistratura per la separazione della carriere, Camera dei Deputati, Roma18 settembre 2025. ANSA/FABIO FRUSTACI

5' min read

5' min read

The House gave the green light to the third reading of the constitutional reform with the separation of the careers of magistrates with 243 votes in favour and 109 against. The bill goes back to the Senate for the final yes vote. Since the two-thirds majority was not reached, there will be a confirmatory referendum. Since this is the second conforming reading, the text was not amendable. So in the Chamber in Montecitorio there was general discussion and then the vote. All in forced stages with the river session requested by Fdi and strongly opposed by the opposition. It is now up to the Senate, by the end of the year (after the first two go-ahead votes in January and July 2025), to close the process with the fourth reading. And as early as June 2026, the confirmatory referendum envisaged for constitutional amendments approved with less than two-thirds of the votes can be held.

The aim of the centre-right majority is therefore to give priority to a reform that has become an increasing priority. A plan supported by the conviction that at the referendum (expected in the first half of 2026) 'the Italians will reward' the choice to reform the judiciary by separating careers. And that popular vote, is the reasoning behind it, may represent a sort of tow towards the general elections that are likely to be held in spring 2027.

Loading...

Bagarre in the Chamber after the green light on reform

It should be noted that the PD, through the voice of group leader Chiara Braga, harshly criticised the government members present for applauding after the reform had been approved in the chamber of Montecitorio. At that point, several members of the opposition approached the government benches to protest. While Speaker Sergio Costa called for calm, tensions rose between deputies from different sides who were about to come to blows. At that point the sitting was temporarily suspended and resumed a few minutes later.

Tajani: I did not applaud, threats from Pd and M5s deputies

"I did not applaud, and I did not go and threaten anyone as others did, deputies of the PD and the 5 Stars who came under the government benches," said Vice-Premier and Forza Italia leader Antonio Tajani speaking to journalists on the sidelines of the vote on the justice reform, in the Chamber, rejecting the accusations that came from the opposition. If there was a certain euphoria it is because 'for us it is a historic reform', added the Foreign Minister, others instead 'have threatened: even people who have been ministers should have different attitudes. It is not that I am intimidated by ten deputies of the 5 Star or the PD who come under the government benches,' he added.

Momenti di tensione tra deputati durante la votazione finale del disegno di legge costituzionale sulla riforma della magistratura per la separazione della carriere, Camera dei Deputati, Roma18 settembre 2025. ANSA/FABIO FRUSTACI

Meloni: justice reform is historic, we move forward

That justice reform is one of the government's priorities, after all, Premier Giorgia Meloni reminded us on Sunday at the UDC party. And she repeated it today. "With the approval on third reading in the Chamber of Deputies, we are taking the path of justice reform forward. We will continue to work to give Italy and the Italians an increasingly efficient and transparent justice system. While waiting for the final OK from the Senate, we will move forward with determination to deliver to the nation a historic reform that has been awaited for years," Meloni said on social media.

Schlein: battle continues even with referendum, government obsessed with power

Of a completely different tone were the comments of the opposition. "This government has an obsession with power and it also wants and experiences as an obstacle the work of a separate power such as the judiciary and, as it should be, the judiciary according to our Constitution. Therefore we will continue the battle against this reform and, as I said, we will also continue it through the constitutional referendum," said PD secretary Elly Schlein, in Transa.

Anm: on reform vote we take note, we will inform on dangers

"We take note of the third parliamentary vote on the constitutional reform," says the central executive council of the ANM, "and we renew our commitment in view of the referendum, to inform all Italians about the dangers of the Nordio bill. And we will do so starting from the national assembly on 25 October in Rome. This reform takes rights away from citizens, does not harm individual magistrates, but puts at risk the balance of powers defined by our very Constitution'.

The reform

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 remain there. In short, no more 'revolving doors' between prosecutors and judges, according to an expression abused in recent years.

The two Csm and appointment by lot

It is envisaged to establish two SCMs, one for the prosecuting judiciary 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 heads 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 common session and, for the remaining two thirds, respectively from among judges and prosecutors.

The High Disciplinary Court

.

The disciplinary function is taken away from the future Csm 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 prepared by Parliament, six judges and three prosecutors).

The referendum

.

Although this is only the penultimate step before the final approval of the reform by the parliament, the vote on 18 September ensured the security of a recourse to a confirmatory referendum. In fact, the Chamber gave its green light without reaching the two-thirds quorum that would have prevented recourse to the referendum by the oppositions. Article 138 of the constitution, which regulates changes to our fundamental charter, states that if the two-thirds quorum is not reached in both chambers at second reading, 'one fifth of the members of a chamber or five hundred thousand voters or five regional councils' may request a referendum within three months. A referendum, the confirmatory referendum, which, unlike the repeal of laws, does not require a quorum of 50 per cent of those registered on the electoral lists. The oppositions have already announced that they will resort to this instrument by collecting the signatures of their parliamentarians (they need the signatures of either 80 out of a total of 400 deputies or 41 out of 205 senators). But it cannot be ruled out that the majority will also do this to show that they are not afraid of the citizens' verdict.

Copyright reserved ©
Loading...

Brand connect

Loading...

Newsletter

Notizie e approfondimenti sugli avvenimenti politici, economici e finanziari.

Iscriviti