Italy's Senate approves justice reform, opening way for decisive referendum

By Crispian Balmer

ROME (Reuters) -Italy's Senate approved sweeping judicial reform on Thursday, advancing Prime Minister Giorgia Meloni's flagship constitutional overhaul despite fierce opposition from magistrates and the centre-left opposition.

The real test lies ahead, with the measure facing a nationwide referendum expected next spring in order to become law. Recent polls show Italians split on a contentious issue that has roiled domestic politics for decades.

The Senate vote came against a background of heightened tensions between Meloni's coalition and the judiciary after the state auditors court refused to authorise a government plan on Wednesday to build a bridge connecting Sicily to the mainland.

Meloni accused the court of playing politics because of its opposition to the reform drive -- something the judges denied.

"We are taking an important step towards a system that is more efficient, balanced, and closer to citizens." Meloni said after Thursday's vote, calling it "an historic milestone".

SEPARATING THE CAREERS OF PROSECUTORS AND JUDGES

If approved by referendum, the reform will fundamentally restructure Italy's creaking justice system by separating the career paths of prosecutors and judges, a move the government says is necessary to prevent conflict of interest between the two groups and to head off potential political bias.

Currently, magistrates enter through a single exam and can switch between roles throughout their careers. Under the new system, candidates must choose at the outset whether to become a judge or prosecutor, with no possibility of changing.

The council which oversees appointments and disciplinary matters would be split into two separate self-governing bodies, with members selected by lottery rather than election, a change aimed at preventing lobby groups from gaining the upper hand.

The judiciary has accused the government of seeking control over prosecutors to dictate which crimes they can and cannot investigate -- a charge the centre-left opposition has echoed.

"This is not a reform that improves the justice system, nor does it help Italians. It serves this government to have free rein and put itself above the laws and the Constitution," said Elly Schlein, head of the main opposition Democratic Party.

Meloni's popularity remains higher than when she took office, potentially giving her the momentum to win the referendum despite public ambivalence.

However, referendums also risk becoming a lightning rod to express general political discontent and pollster Lorenzo Pregliasco warned the vote could prove pivotal for Meloni.

"A defeat could have serious political implications and damage her reputation as a winner," he said, adding that current polls suggested a "dead heat".

Italy's justice system remains among Europe's most dysfunctional. The latest EU data shows it takes approximately 1,000 days to resolve civil and commercial cases — 200 days longer than any other EU country. Still, clearance rates above 100% indicate progress in reducing the massive backlog.

Successive governments have sought to reform the system.

While centre-left governments have tended to focus on improving the efficiency of the courts, the right, under the influence of the late premier Silvio Berlusconi, who faced dozens of trials largely tied to his media empire up to his death in 2023, has repeatedly pushed to curb prosecution powers.

(Reporting by Crispian Balmer, editing by Ed Osmond)