Il cabinet gave the go-ahead to the much discussed one justice reform. This means they will be established two Superior Councils of the Judiciary (CSM), one for prosecuting magistrates and the other for judging ones, with separate and distinct careers. Despite the controversy, the measure was welcomed with applause, a sign of an epochal change in Italian judicial system.
The reactions have been intense, especially from the National Association of Magistrates and the political left, concerned that this separation could compromise the autonomy of the judiciary and increase the influence of the executive power. However, the story tells a different reality. John Falcone, icon of the fight against the mafia, e Giuliano Pisapia, former mayor of Milan, have both supported the separation of magistrates' careers. A motion presented to the PD Congress in 2019 by Maurizio Martina also recognized its importance in guaranteeing a third-party and impartial judge.
The new justice passes to the President of the Republic
After all, it was clear that today we would reach the finish line. Yesterday afternoon, the Keeper of the Seals Carlo Nordio and the undersecretary Alfredo Mantovano they met the President of the Republic Sergio Mattarella and the Secretary General Ugo Zampetti at the Quirinale to present the justice reform. At the Quirinale, no strong reactions are expected from Mattarella who will express his doubts in a subtle and discreet way through the CSM, known for its criticism of the reform. His active participation recalls the importance of national unity and respect for democratic institutions, while acting as a manifesto of intent on the other delicate constitutional reform so dear to the Meloni government, that of premiership.
Ok to the separation of careers: the reactions
The reactions were not long in coming. While theNational Association of Magistrates evaluates the possibility of a strike, the Prime Minister, Giorgia Meloni, vigorously defended the new law, calling it “right, necessary, historic”. The Minister of Justice celebrated the approval, declaring that the government is open to dialogue with the ANM and accepts criticism as part of the democratic process. The government majority praised the approval of the reform as an important step towards a fairer and more transparent judicial system. However, Undersecretary Mantovano underlined that the road towards a referendum on justice is by no means a given, as the text of the law is open to Parliament's contribution and could undergo significant changes during the legislative debate. They remain opposed opposition, except for Action e Italy Viva.
Justice reform, green light from the government: here's what changes
There are eight articles in total, with changes to both Article 87 of the Constitution and the entire Title IV of the Charter.
Separation of Careers
The cornerstone of the reform is the separation of careers between judges and prosecutors, accepting Forza Italia's request. After the Cartabia reform, the only transition currently permitted from the prosecuting judiciary to the judging judiciary will no longer be permitted.
High Court
THEHigh Court it will be an orexternal organism to the CSM, made up of fifteen judges: three appointed by the President of the Republic among university professors in legal matters and lawyers with twenty years of practice, three drawn by lot from a list drawn up by Parliament with the same requirements, and nine magistrates (six judges and three public prosecutors) drawn by lot from among those who have at least twenty years of judicial experience. The High Court will have jurisdiction over the errors and behavior of magistrates, currently managed by the disciplinary section of the CSM.
Role of the PM
According to the intentions declared by the government, the role of Public minister will remain independent and will not be subject to government directives.
Double the CSM
They will be established two Superior Councils of the Judiciary (CSM), one for judges and one for prosecutors, both chaired by the President of the Republic.
Dry draw
A novelty of the approved text concerns the draw: not only the magistrates in service will be selected by drawing lots, but also the lay members, so far appointed by Parliament. The lay members will be chosen by drawing lots from a list of full university professors in legal subjects and lawyers with at least fifteen years of practice. This list will be compiled by Parliament in joint session within six months of taking office.
Competition and Psycho-Aptitude Test
Le mode di accesso to the judiciary through a competition will be defined by a subsequent ordinary law, which will decide whether to establish two distinct competitions, one for public prosecutors and one for judges. Starting from competitions of 2026, the already approved delegated decree will come into force which provides for a psycho-aptitude test for magistrates.
Criminal action
Article 112 of the Constitution, which establishes themandatory criminal action, will not be changed. However, the Cartabia reform provides that Parliament can establish the priority criteria for the crimes to be prosecuted.
The justice reform approved by the Government represents a significant change for the Italian judicial system. Although criticized, it reflects historical positions of authoritative exponents of the judiciary and the left, demonstrating that the debate on the separation of careers is not exclusively ideological, but based on principles of transparency and independence.
