Stefano Cavedagna holds a bachelor’s degree in international studies from the University of Bologna, as well as a master’s degree in diplomacy from the Institute of International Political Studies and in international relations from the University of Bologna. A city councilor in Bologna for Fratelli d’Italia from 2021 to 2025, he was elected to the European Parliament in July 2024. We discussed the referendum on the justice system promoted by Giorgia Meloni’s government, set to take place on March 22–23.
What is the subject of this referendum? What does the judicial reform proposed by the Meloni government entail?
First of all, it should be noted that this is a constitutional referendum aimed at amending certain articles of the Constitution pertaining to the judiciary. The most important point is the creation of a Higher Disciplinary Court, whose mission is to oversee the activities of the judiciary and review judges’ decisions—a measure we see as a guarantee that judges will perform their duties more effectively.
The reform also aims at separating the careers of judges and prosecutors, because right now in Italy, there is no difference between the two. This is common in Europe and, in fact, is standard practice in 21 European countries as well as in the United Kingdom and the United States, but not in countries like China, Turkey, Iran, or North Korea.
Another measure aims at establishing a new model for selecting members of the Superior Council of the Judiciary (Consiglio Superiore della Magistratura—CSM), which is the self-governing body for judges. Since the careers of judges and prosecutors have been separated, two self-governing bodies are now necessary, and it is also necessary to change the way CSM members are elected. Until now, judges—who are organized internally like political parties—elected the members of the CSM. In fact, the strongest party is a left-wing faction, the Democratic Judiciary.
Like the Democratic Party.
Exactly, and there are also many ties between them. With the reform, judges will be selected by random draw, a sort of lottery. Therefore, those elected to the CSM will not be subject to any kind of pressure because they will not owe their position to anyone, which in practice means they will be more independent. In this way, we may finally put an end to rulings that seem more like political decisions.
Are you referring to the rulings against the government’s immigration policies?
Yes, Italy has established a system for repatriating migrants through Albania, and there are many rulings that allow those who appeal an expulsion order to return to Italy—or, for example, the case of Carola Rackete, who was a member of the European Parliament until a couple months ago and whose ship was rammed by an Italian police vessel. A judge has ordered the Italian state to pay €75,000 to Rackete’s NGO for “unlawful detention,” in what constitutes a clear example of a political ruling.
The left-wing Democratic Party (PD) has called for a “No” vote in the referendum. What reasons do they argue for opposing the reform?
The idea of creating a Higher Disciplinary Court—which this reform advocates for—was part of the left’s electoral platform in the last election. In fact, some leftists have said they will vote “Yes,” which shows that this reform is not a matter of Left or Right. On the contrary, the PD justifies its “No” vote by falsely claiming that the government wants to carry out this reform to control the judiciary, and also with the argument that the failure of the referendum would be a blow to Meloni.
What percentage of the vote is needed for the referendum to pass?
This is a constitutional confirmatory referendum, a tool used to confirm a vote in Parliament and the Senate that does not have a two-thirds majority. For this reason, there is no minimum percentage requirement; if, for example, only one person were to vote in all of Italy, the referendum would still be valid. A different matter is the so-called abrogative referendum, which is used to repeal a law and requires a minimum vote of 40%.
Judicial reforms, when implemented in countries governed by conservatives, are often questioned by the European Commission. Have there been any complaints from Brussels?
Not so far. This is a referendum calling for reforms that are already in place in many countries, such as the separation of judicial careers or the disciplinary tribunal, and no one in Brussels has suggested that this could violate the rule of law.
Are there any estimates of the voting intentions?
At the moment, polls on voting intentions cannot be published, but my impression is that Italians support this reform because the justice system isn’t working properly. Trials take a very long time, and people know that Italy needs a change in its judicial system. Our only fear is that voters will take victory for granted and many won’t show up to vote, which could allow a very vocal minority on the left to win the referendum. In fact, our campaign has focused on encouraging people to vote—and to vote “Yes.”
