Italians are voting in a two-day referendum on reforms that Prime Minister Giorgia Meloni says will make the judiciary more independent but that critics argue will do the opposite.
The vote on Sunday and Monday risks turning into a referendum on the right-wing leader herself before parliamentary elections next year.
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Meloni’s government wants to change the Italian Constitution to separate the roles of judges and prosecutors and reform their oversight body. She says the plan is essential to guarantee impartiality and improve the functioning of Italy’s creaky justice system.
It will make it “more modern, more meritocratic, more autonomous, more accountable and, above all, free from political constraints”, Meloni said in a video this past week.
But critics condemn it as a political power grab that fails to address the real challenges, including years-long trials and prison overcrowding.
Elly Schlein, leader of the centre-left Democratic Party, said the referendum is badly drafted and “weakens the independence of the judiciary”.
Opinion polls indicated the two camps are neck and neck.
A decisive “no” would be a blow for Meloni, who has led an uncharacteristically stable coalition government since October 2022. However, she has dismissed suggestions that she might quit if she loses.
Polls close at 3pm (14:00 GMT) on Monday with preliminary results expected later that day.
The most divisive part of the reform involves changes to the Superior Council of the Judiciary (CSM), an oversight and disciplinary body whose members are elected by their peers and parliament.
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The reform would divide the CSM into two councils, one for judges and one for prosecutors, and create a 15-member disciplinary court.
Members would be drawn by lots, no longer voted for by their peers, with three members of the court chosen by Italy’s ceremonial president and three from a list of experienced lawyers approved by parliament.
Criminal defence lawyer Franco Moretti, who heads the “no” campaign, said the new court risked being “the armed wing of politics”.
“When needed, it could be used to settle scores with that part of the judiciary that has dared to touch it,” he said at a debate this month.
Analysts said Meloni would likely receive a major boost from a “yes” win as she grapples with the fallout from the Iran war and a stagnant economy near the end of her mandate.
A win for the centre left – still trailing Meloni’s bloc in opinion polls – would strengthen its efforts to build an alliance capable of challenging the prime minister.
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