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Senate Clears Judicial Career Split as Italy Moves to Decongest Prisons

Senate approval of the constitutional split of judicial careers triggers a government decree to expand prison capacity with 10,000 new places alongside therapeutic community options for drug-dependent inmates

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Overview

  • The Senate voted 106–61–11 in a second reading to amend the Constitution by creating separate Consigli Superiori della Magistratura for judges and prosecutors and establishing an Alta Corte Disciplinare for misconduct cases.
  • The career-separation reform must pass two more parliamentary readings with a two-thirds majority or face a confirmatory referendum likely to take place in spring 2026.
  • Justice Minister Carlo Nordio’s ‘svuota carceri’ decree, due for Council of Ministers approval, aims to relieve overcrowding by providing 10,000 additional detention places across nine facilities.
  • As part of the decongestion strategy, the plan offers drug-dependent offenders up to eight years in residential therapeutic communities instead of standard imprisonment.
  • While government leaders praise the package as enhancing judicial independence and efficiency, opposition parties and the national magistrates’ association warn it risks eroding checks, balances and citizens’ guarantees.