Italy’s Judicial Overhaul Heads to Referendum, With Focus on New Disciplinary High Court

Overview

• After passage by the government and its majority, the constitutional reform now faces a confirmatory referendum because it lacked the supermajority needed to avoid a public vote.
• Minister Carlo Nordio recently framed the reform’s purpose as stopping politics from being “controlled” by magistrates, clarifying the government’s rationale.
• Legal analysts highlight the proposed Disciplinary High Court as the pivotal change, stressing unanswered questions about how its members would be chosen and shielded from political influence.
• Critics link the overhaul to recent statutory moves that they say already hinder investigations, citing tighter limits on wiretaps and a rule requiring suspects be questioned before arrest.
• Opponents argue that goals such as balancing prosecution and defense and improving efficiency could be achieved through ordinary laws, including procedural updates, prison improvements, and staffing increases, without altering the Constitution.