Recent ceremonial sittings to mark the start of the Italian law year have been marked by some uncivil language. The presiding senior judges have taken the opportunity to unanimously criticise the proposal to remove the independence of the prosecutors, currently enshrined in the 1948 Constitution.
These provisions are the subject of a referendum to be held on March 22 and 23, in which the government seeks to remove them. The government is asking citizens to vote “Si”, and the opponents are urging a “No” vote.
One hundred years ago, Mussolini established both the Special Tribunal for the Defence of the State and the Political Police Service.
Citizens were dragged before these bodies without due process.
It was that experience of the political corruption of the judicial system that prompted the insertion of the provisions for independence of the judiciary and prosecutors in the 1948 Italian Constitution.
This week, senior judges took the opportunity of the ceremonial sittings to express their opposition to the constitutional amendments – upsetting the government in the process.
The President of the Rome Court of Appeal said that the proposal was punitive and would weaken judges and investigating magistrates.
In Milan, the President of the Milan Court of Appeal rejected the underlying excuse for the change – that sitting judges were too influenced by public prosecutors.
Attorney General Carlo Nordio was in the audience at these and other events. He replied to the criticisms by saying:
“It is blasphemous to attribute the proposal to the wish of the executive arm of the government to control the public prosecutors.”
In Genoa, the opening of the court year included a commemoration of the forthcoming 25th anniversary of the excessive use of force by the State on July 20, 2001, prior to the G8 conference.
The Chief Prosecutor and Magistrate, Enrico Zucca, whose independence is the very subject of the referendum, was the main force behind identifying and bringing to justice some of the police who used unlawful force against hundreds of peaceful protesters.
Years later, the European Court of Human Rights denounced the police actions as torture and breaches of human rights.
Given Zucca’s experience of the political pressures he faced not to pursue prosecutions of the police, his criticism of the proposed changes carries weight.
He said that the proposed changes would limit the prosecutors’ independence from political direction.
Those on the “Si” side include the current Meloni Government and, interestingly, the association representing practising lawyers, the Unione delle Camere Penali Italiane.
Perhaps the lawyers have not yet read the International Bar Association’s report from December 2025, US Presidency: Weaponised Department of Justice investigations prompt concerns over independence.
The “No” side has its own committee of notables, as well as the national association representing judges, magistrates and prosecutors. The centre-left Democratic Party is campaigning for the “No” vote.
The author Roberto Saviano, whose exposés of Mafia figures led to death threats and his having the highest level of security protection for the past 20 years, has criticised the proposal as helping the Mafia avoid justice by fragmenting and weakening the justice system, and possibly leading to political control of the prosecuting service.
The opinion polls are interesting. It has to be conceded that investigating magistrates are not well-loved in Italy because of their powers to question and obtain evidence and charge people with criminal offences.
They have also brought a lot of politicians to justice. In November 2025, public support for the “Si” vote was at 53% and the “No” vote 47%.
However, in January 2026, support for the “Si” vote was down to 50.1%, and the “No” vote had risen to 49.9%. Voting is not compulsory – only about 48% of those surveyed indicated a strong intention to go and vote.
Italians have been following American politics closely. They have seen that Prime Minister Meloni’s close relationships with Elon Musk and Donald Trump have not gained Italy any trade favours.
The furore over the violence used by ICE in the US is about to come to their own doorstep with the news that ICE operatives will accompany US team members to the Winter Olympics in Turin in February.
Some will have also read about Trump’s wishes to direct prosecuting authorities to charge his political opponents.
These factors could be influencing the changing response to this proposal to amend the Italian Constitution and delete protections that were inserted post-Mussolini as a bulwark against future political abuse of judicial power.
Silvana