Italy’s Justice Referendum: Judge Lottery Brings Faster Cases and Higher Fees

The Italy Ministry of Justice has doubled down on plans to overhaul the Consiglio Superiore della Magistratura (CSM), a move that could redraw the balance of power between judges, prosecutors and politicians as early as next month.

Why This Matters

• Referendum in 5 weeks — voters will decide 22-23 March whether to introduce a lottery-based selection of CSM members.

• Case timelines at stake — supporters say the change will speed up promotions and disciplinary files, critics warn of political influence on trials that touch everyday life (family courts, tax disputes, tenancy cases).

• Possible cost shift — the draft decree reallocates €65 M a year from court administration to the new CSM election office; higher court fees could follow.

• Residents as jurors? — a side-proposal would let ordinary citizens sit on panels that score magistrates’ performance, creating new civic obligations.

Storm Over Nordio’s Language

Justice Minister Carlo Nordio, speaking to Il Mattino di Padova, likened the current correnti — informal factions inside the CSM — to a “para-mafia”. He cited 2019 remarks by anti-mafia prosecutor Nino Di Matteo, who once called the same network a “mentalità mafiosa”. When the Italy National Magistrates Association (ANM) accused him of “insulting the memory of slain anti-mafia judges”, Nordio replied that indignation was “disproportionate” and promised to publish a list of earlier, harsher quotes from critics of the CSM.

Bench and Bar Push Back

The ANM — which counts 97 % of magistrates among its members — said the minister’s words risk “delegitimising” trials against organised crime. Opposition leaders Elly Schlein (PD) and Giuseppe Conte (M5S) echoed that view, calling Nordio “irresponsible”. On the right, Galeazzo Bignami (Fratelli d’Italia) urged sceptics to “read Palamara’s book” about patronage in the judiciary before judging the reform. High-profile prosecutors Nicola Gratteri and Di Matteo agreed that internal patronage must end but warned the lottery could hand-pick compliant judges through political pre-screening.

Countdown to the Justice Referendum

With ballots already being printed, the ministry sent a letter asking the ANM to clarify whether union funds are supporting the “No” campaign — a procedural move that sparked accusations of intimidation. Meanwhile, polling by Ipsos Italia shows 54 % of respondents still undecided; turnout may depend on whether the reform is framed as an attack on corruption or an assault on independence. Financial analysts at UniCredit caution that prolonged conflict between the government and the judiciary could shave 0.2 % off 2026 GDP by delaying commercial rulings and foreign-investment approvals.

What This Means for Residents

• Civil cases could move quicker if promotions stop being negotiated faction-by-faction; that means faster eviction orders, inheritance settlements and small-business disputes.

• Court costs may rise: the draft decree lets tribunals charge an extra €25 “administrative contribution” — roughly one week of monthly bus passes in Rome — to finance the new CSM selection office.

• Jury duty expands: under a companion bill, 6 000 citizens a year would be randomly selected to sit on judicial-evaluation panels; employers must grant paid leave similar to polling-station service.

• Appeals backlog risk: opponents fear inexperienced CSM members, chosen by lot, could mishandle disciplinary transfers, clogging appellate courts and delaying verdicts in tax and labor litigation.

Next Steps

Parliament has until 28 February to amend technical aspects of the enabling law; any change after that date would postpone the referendum to autumn. The Italy Cabinet meets Friday to finalise funding, while the ANM plans a nationwide assembly in Naples on 1 March. Expect a final list of past incendiary quotes to land online this week, a gesture Nordio says will show “double standards” in the current uproar.

For residents, the heart of the question is simple: will the reform deliver swifter, fairer justice or merely swap one form of influence for another? Ballots in March will supply the answer — and, by extension, shape how quickly every contract dispute, condo quarrel or child-custody fight in Italy moves through the courts.