Italian Government Approves Controversial Separation of Careers Reform

The Italian government, led by Prime Minister Giorgia Meloni, has approved a controversial separation of careers reform for the country's judiciary. The reform, proposed by Justice Minister Carlo Nordio, aims to create separate career paths for judges and prosecutors, sparking strong criticism from the National Magistrates' Association (Anm) who deem it a "dangerous" move.

Why this matters: The reform has significant implications for the independence and impartiality of Italy's judiciary, which could impact the country's ability to uphold the rule of law and protect citizens' rights. If implemented, the reform could set a precedent for other European countries, potentially altering the balance of power between governments and judiciaries across the continent.

The meeting to discuss the reform was held on May 3, 2024, at Palazzo Chigi, the official residence of the Italian Prime Minister. Attendees included Undersecretary Alfredo Mantovano, Minister Nordio, Deputy Justice Minister Francesco Paolo Sisto, and other justice officials. Despite opposition from magistrates, the reform is expected to be implemented as part of the government's broader effort to overhaul the Italian justice system.

As part of the reform, the government is considering setting up a high court to judge Italy's judges, a move that is expected to face resistance from magistrates. Additionally, the Supreme Council of Magistrates (CSM), the judiciary's self-governing body, may be split into two separate entities.

The reform comes at a time when the Anm is preparing to hold its 36th National Congress from May 10-12 in Palermo, Italy. The congress will focus on fundamental themes for the judiciary, including subjection to the law, interpretation of the law, and impartiality in judgment. Anm President Giuseppe Santalucia emphasized the importance of the congress, stating, "These are issues that are also very topical in the public debate on justice... It will be a well-attended congress with important numbers, this is a sign that there is concern but there is also a desire to discuss within but also outside the judiciary."

The Anm has expressed its critical stance on the government's reform, with Anm Vice-President Alessandra Maddalena stating, "Independence is the only true guarantee of the protection of citizens' rights... It is a moment of great ferment in the judiciary that we have not seen for a long time." The association is awaiting a provision on the reforms and has criticized the government for not involving them in discussions before the reforms become law.

The separation of careers reform approved by the Italian government has ignited a heated debate within the country's judiciary. As the Anm prepares for its national congress, the focus remains on defending the independence and impartiality of the judiciary in the face of the controversial reform. The coming weeks will be crucial in determining the future of Italy's justice system and the relationship between the government and the magistrates.

Key Takeaways

• Italy's government approves controversial judiciary reform, separating judges' and prosecutors' careers.
• Reform sparks criticism from National Magistrates' Association, citing threats to independence and impartiality.
• Government plans to create a high court to judge Italy's judges, sparking resistance from magistrates.
• Reform could impact Italy's ability to uphold the rule of law and protect citizens' rights.
• Magistrates' association prepares for national congress to discuss reform and defend judiciary independence.