Meloni v the Judges: High Stakes for Italian PM in Vote on Judiciary Overhaul
Supporters of the no campaign marched through Rome in the days leading up to Italy's crucial referendum on proposed changes to the organization of the justice system. The national referendum, scheduled for Sunday and Monday, is being widely interpreted as a de facto confidence vote on Prime Minister Giorgia Meloni's government, with opinion polls indicating a neck-and-neck race.
Inflammatory Campaign Rhetoric Dominates Debate
In the run-up to the vote, a campaign flyer circulated online quoting Prime Minister Meloni taking direct aim at judges and feminists. The flyer, which appeared on the Facebook page of Meloni's Brothers of Italy party—a political group with neofascist roots—stated: "Judges block the deportations of rapists. Where are the feminists? Vote yes – there will not be another opportunity." Although subsequently removed, the flyer's confrontational tone has characterized a campaign marked more by inflammatory rhetoric than substantive policy discussion.
At a demonstration against the proposed changes, Chiara Antonini from Rome expressed strong criticism: "It is shameful of Meloni to use such threatening language and to intervene on sensitive issues such as the protection of women, especially given the hypocrisy after the government backtracked on a law that would have defined sex without consent as rape. The government just seems to have it in for the judiciary."
A Test of Political Power and Judicial Independence
After more than three years leading one of Italy's most stable governments in recent history and building her international reputation, Meloni is now putting her hard-won credibility to the ultimate test. Italian voters will decide whether to approve constitutional amendments that would fundamentally reorganize the country's justice system. What began as a technical ballot on complex judicial reforms has transformed into a political referendum on Meloni's leadership ahead of the next general election in 2027.
Mattia Diletti, a politics professor at Sapienza University in Rome, explained the political dimensions: "It has become a political referendum and is a power issue for her. It is essentially a choice between Giorgia Meloni or the judges."
Proposed Changes and Competing Perspectives
A victory for the yes campaign would implement sweeping changes to how judges and prosecutors are recruited and governed. These include separating their career paths, establishing two governing councils selected by lottery, and creating a specialized court to handle disciplinary matters. Prime Minister Meloni argues these reforms are essential to ensure judicial impartiality and to eliminate what she describes as leftwing political "factions" within the judiciary.
Opponents, however, claim the changes would dangerously weaken the power and independence of judges and prosecutors, making them more susceptible to government control in a manner reminiscent of Viktor Orbán's Hungary. Justice has long been a contentious issue in Italy, where the legacy of former Prime Minister Silvio Berlusconi—who faced numerous criminal trials—continues to influence political discourse. Berlusconi's Forza Italia party remains a key partner in Meloni's ruling coalition.
Escalating Rhetoric and Broader Implications
As the campaign reached its conclusion, Meloni intensified her messaging by accusing judges of undermining her government's policies on crime reduction and immigration control. She warned that rejecting the changes would endanger public safety, claiming it would result in "more immigrants, rapists, paedophiles and drug dealers being freed." Speaking at a theater in Milan last week, she added that if the referendum failed, "we will find ourselves with even more negligent judges and even more surreal sentences."
Justice Minister Carlo Nordio sparked controversy by referring to the judiciary's supreme council as a "para-mafia system," while his chief of staff, Giusi Bartolozzi, likened the judiciary to a "firing squad" that needed elimination. These comments have further polarized the debate around judicial independence.
Expert Concerns About Prosecutorial Independence
Luigi Li Gotti, a criminal lawyer who served as justice undersecretary in Romano Prodi's centre-left government, believes the government's objective is to specifically target public prosecutors—whom Berlusconi once described as "the cancer of our democracy." Li Gotti, who faced criticism from Meloni last year for filing a legal complaint against her government, expressed concern that the reforms could make prosecutors more reluctant to investigate high-profile corruption cases and organized crime.
"The government wants to change the constitution to 'weaken prosecutors and indirectly influence' investigations," Li Gotti stated. "Meloni claims the changes would make Italy's notoriously sluggish justice system more efficient. But the goal has nothing to do with improving efficiency."
Voter Uncertainty and Future Ramifications
Antonella Attardo, a civil judge in Milan, highlighted the confusion among voters about the technical nature of the proposed changes: "Behind the political vitriol was an important vote on significant changes 'on which none of us voters have a clue.'" She expressed particular concern about potential follow-up legislation that could make police forces more accountable to government ministries rather than prosecutors, potentially allowing the executive branch to influence which investigations proceed.
"This would mean that the executive decides which investigations are going to be done and how," Attardo explained. "The fear is that investigations on corruption or on those close to political or economic power would be silenced."
Political Calculations and Electoral Consequences
Prime Minister Meloni currently enjoys unusually high popularity for an Italian leader this far into an administration. If the referendum succeeds, she is expected to prioritize electoral law reforms that could secure her coalition a comfortable victory in the next general election. However, Professor Diletti warned of the potential consequences of defeat: "If she loses, it will be upsetting because it will be much harder for her to prepare for the elections."
In the final days before the ballot, Meloni attempted to reach younger voters through an appearance on an irreverent podcast hosted by a popular rapper, emphasizing that "The vote is not about Meloni, it is about justice." Yet many voters remain unconvinced by this framing.
Matteo Bruno, a master's student in Rome, articulated the significance many Italians attach to the referendum: "I'm going home to Catania specifically to vote because this is a constitutional reform that might have important consequences for the future of our democracy." As Italy prepares to vote, the outcome will not only determine the future of judicial reform but could reshape the country's political landscape for years to come.
