Referendum Separazione Carriere: Data Confermata al 22-23 Marzo, Precisato il Quesito

Despite a modification to the referendum question, the date for the constitutional referendum on the separation of judicial careers remains unchanged. Italians will vote on March 22 and 23. President Sergio Mattarella has adopted the Presidential Decree concerning the “Clarification of the question of the popular referendum confirming the text of the constitutional law concerning rules on judicial organization and the establishment of the disciplinary court,” as deliberated by the Council of Ministers today.

Referendum Question Clarified

A swift Council of Ministers meeting convened this morning to chart the course. The Council, on the proposal of President Giorgia Meloni and considering the order of the Central Referendum Office communicated on February 6, 2026, deliberated to propose to the President of the Republic, for the adoption of the relevant decree, to clarify the question relating to the confirmatory popular referendum already announced with the decree of January 13, 2026, as indicated by the aforementioned order. The text of the referendum question, already announced for March 22 and 23, 2026, has been clarified as follows: “Approve the text of the law revising Articles 87, tenth paragraph, 102, first paragraph, 104, 105, 106, third paragraph, 107, first paragraph, and 110 of the Constitution approved by Parliament and published in the Official Gazette of October 30, 2025, entitled “Rules on judicial organization and the establishment of the Disciplinary Court”?”

Government Proceeds After Initial Challenge

This action comes less than 24 hours after the decision by the Referendum Office in Piazza Cavour to admit the referendum question presented by the so-called “Committee of 15 volunteers.” According to Ansa, approval of the new text followed a conversation between President Mattarella and President Meloni. Sources at the Quirinale confirmed that President Mattarella believes the identified solution is the most legally correct, in light of yesterday’s Cassation Court order.

Potential for Legal Challenge Remains

Minister Nordio, in an interview with Corriere della Sera, indicated a possible postponement: “The referendum could be postponed by a few weeks.” The “Committee of 15” could theoretically raise a conflict of attribution before the Constitutional Court, though this path is not easily navigable and raises both technical and political questions. Carlo Guglielmi, lawyer and spokesperson for the “Committee of 15,” stated they are awaiting the Council of Ministers’ decision regarding the new referendum date. He indicated they will assess whether to pursue a conflict of attribution, expecting the government to respect the Constitution and the 50-day campaign period.

Political Reactions and Accusations

The decision has sparked controversy, particularly between former Justice Minister Andrea Orlando and the Union of Criminal Chambers. The latter, led by Francesco Petrelli, argued that the Cassation Court’s decision “cannot be dismissed as a merely technical act.” They expressed concern that judges involved in the decision actively participate in “No” demonstrations or have a publicly known history aligned with those positions. Orlando countered that the Criminal Chambers’ “unprecedented, head-on attack” on the Cassation Court tarnishes the association’s tradition linked to liberal principles and the rule of law, arguing that no guarantee should be based on the delegitimization of the judicial order.

Concerns Over Impartiality

Galeazzo Bignami, the leader of the Brothers of Italy party in the Chamber of Deputies, stated that the Cassation Court’s decision to change the referendum question “confirms that justice reform is a necessity.” He pointed to Alfredo Guardiano, who will moderate a convention on the reasons for “No,” and Donatella Ferranti, a former Democratic Party deputy and president of the Justice Commission until 2018, among the Cassation Court judges who decided on the reformulation of the question. He argued for a “Yes” vote to restore impartiality to the judiciary. It is noted that 21 members of the Referendum Office made the decision.

Judicial Response to Accusations

Guardiano, a member of the college, responded to accusations of bias, stating his opposition to the referendum does not affect the merits of the reform or the outcome of the vote. He dismissed claims of partiality as “gravely unfounded” and reserved the right to take legal action against Deputy Costa for publicly labeling him a biased judge. The Council of Ministers reaffirmed the vote dates and acknowledged the legitimacy of their work.

Opposition Criticism

Debora Serracchiani, the justice spokesperson for the Democratic Party, criticized the government’s decision, stating they initially prevented Parliament from exercising its function, then set a referendum date without respecting the collection of over 500,000 signatures, and were then forced to modify the referendum question without postponing the date. She accused the government of “arrogance” and a lack of respect for institutions.

Frequently Asked Questions

What is the date of the referendum?

The referendum will be held on March 22 and 23.

What is the referendum about?

The referendum concerns a constitutional reform regarding the organization of the judiciary and the establishment of a disciplinary court.

Could the referendum date be postponed?

Minister Nordio indicated that the referendum could be postponed by a few weeks, but the government has currently reaffirmed the existing dates.

As the debate surrounding this referendum continues, what role do you believe public understanding of the proposed judicial reforms will play in the outcome of the vote?