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Italian Prime Minister Says She Aims to Speed Up Justice System; Critics Accuse Her of Weakening Democratic Balances…
As an Italian magistrate in the 1990s, Gherardo Colombo was one of the prosecutors behind the shocking “Clean Hands” investigation, which uncovered a network of bribery and illegal party financing so widespread that it destroyed the credibility of the Italian political establishment.
Widely known as tangentopoli (“city of bribes”), the scandal caused the collapse of the main political parties and paved the way for the entry into politics of media mogul Silvio Berlusconi. It also marked the beginning of years of clashes between Berlusconi and magistrates, whom he denounced as “communist judges” intent on destroying him.
Today, Colombo, now 79 years old, expresses concern about constitutional changes that, according to him, could make it more difficult for future generations of magistrates to prosecute corruption cases.
In the biggest gamble of her term so far, Prime Minister Giorgia Meloni is asking voters to approve constitutional changes that reorganize the Italian judiciary, known for its strong independence, through a two-day referendum starting Sunday.
Meloni insists that reform is needed to correct the “dysfunctioning of the justice system,” which in Europe is known for its slow pace and unpredictable results. “If justice doesn’t work, if it’s slow, inefficient and unfair, then the whole machine stops and everyone suffers,” she said at a rally in Milan last week.
However, the prospect of a prime minister with neo-fascist political roots changing the legal order of Italy's anti-fascist constitution has sparked intense debate.
Opponents warn that the changes will weaken democratic balances and suggest that Meloni aims to lead Italy down the path followed by Viktor Orban in Hungary, who took greater control over the courts to consolidate power.
Colombo has publicly criticized what he sees as a blatant attempt to limit the autonomy of the courts. “The more I analyze it, the more convinced I am that this change only serves to weaken the judiciary,” he said, adding, “it will allow other branches of the state, especially the government, to have much greater influence over the judiciary itself.”
The voters' decision is expected to have consequences beyond the legal system, at a time when Meloni prepares for next year's parliamentary elections, where polls show she is likely to win.
A victory would encourage her to pursue other constitutional changes, such as the direct election of the prime minister. A defeat would weaken her, despite her length of time in power, considerable by Italian standards.
This could also affect her international profile. In office, Meloni has distanced herself from her past as a hard-right populist and has been accepted as a pragmatic conservative. But if the reform is perceived as subjugating the judiciary, it could reignite concerns about an illiberal agenda.
Constitutional referendums have toppled prime ministers before. A decade ago, Matteo Renzi resigned after voters rejected his reforms. Although Meloni says she will not step down, her allies acknowledge that a No victory could change the political dynamic.
“If ‘No’ wins, the atmosphere will change,” says Alessandro Sallusti, adding “today the polls show a victory for the center-right, but if the climate changes, the game reopens.”
The March 22-23 referendum is the culmination of a tense campaign that has highlighted the conflict between the government and the magistrates. Polls show a close race.
"The relationship between the political and judicial branches of government has been conflicting for 30 years," says Lorenzo Pregliasco of YouTrend. According to him, both sides see this vote as defining the balance of power.
At the center of the debate is Italy's anti-fascist constitution, drafted after Mussolini's dictatorship, where the judiciary was a tool of oppression. To guarantee independence, the Supreme Council of Magistracy, a self-governing body, was created.
However, some analysts believe that the large isolation of judges has created a lack of accountability and an inefficient system. In Italy, a civil case lasts an average of 2,217 days, over six years, compared to the EU average of 795 days.
Other critics say judicial activism has overstepped its bounds, influencing political debates and damaging the reputations of public figures who are later acquitted.
Since coming to power in 2022, Meloni has frequently clashed with the courts, which have blocked her immigration policies and infrastructure projects.
The opposition argues that the reform gives the government more leeway without addressing real problems such as staff shortages and court overcrowding.
The government, on the other hand, says the changes are an evolution towards a more competitive system, where judges are neutral arbitrators.
The reform foresees the division of the Council of Magistrates into three bodies and the selection of members by lottery, a highly controversial element.
Critics say the lottery weakens representation and independence. Supporters deny this, saying it does not bring political control.
The campaign has been accompanied by harsh tones and mutual accusations between politics and the judiciary. President Sergio Mattarella has intervened to emphasize the importance of institutional respect.
Despite the tensions, supporters of the reform say it will restore the balance of power. Critics remain sceptical whether it is the right solution. /Adapted from the Financial Times/
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