Farewell to the unique Csm, the lottery arrives: the reform that will change the Italian judiciary forever

The question that voters will find on the ballot asks whether to approve or reject a constitutional law that reshapes the structure of the judiciary. The intervention affects seven articles of the Constitution — 87, 102, 104, 105, 106, 107, and 110 and introduces the separation of careers between judges and public prosecutors, with the establishment of two distinct Superior Councils of the Judiciary and a new High Disciplinary Court. Below, in summary, are the main changes.

Article 87. The President of the Republic will preside over two CSMs: one for judging magistrates and one for prosecutors, which will replace the current single Superior Council. This thus establishes the separation of careers even at the top of the self-governance of judges.

Article 102. The separation of careers enters the Constitution: the first paragraph is amended to provide that the judicial system regulates distinct careers for judges and public prosecutors, elevating the division to a constitutional principle rather than merely a legislative choice.

Article 104. The selection mechanism for the members of the two CSMs changes: they will no longer be elected, but drawn by lot from lists prepared by Parliament and the judiciary.

Article 105. The High Disciplinary Court is established, composed of 15 members, partly laypersons and partly magistrates, identified through appointment and drawing lots. It is tasked with acting as the competent body in disciplinary matters.

Article 106. The third paragraph on access to the Court of Cassation is expanded: in addition to professors and lawyers, prosecutors with at least 15 years of service may also be called.

Article 107. The irremovability is linked to the respective Superior Council: decisions on transfers or suspensions will fall to the CSM of the career to which they belong.

Article 110. Terminological intervention: the Minister of Justice must interact with “each” Superior Council.