The Italian Parliament is giving final approval to the constitutional reform on the separation of careers between judges and prosecutors. After a long legislative process and a heated political debate, Italy takes a decisive step towards a more modern, balanced and transparent justice system.
The reform, supported by the government and approved by a large majority, modifies thejudicial system, clearly separating the career paths of judges and prosecutors, and establishing autonomous higher councils for each career, as well as an independent disciplinary court.

Clearer and more autonomous justice

It is a systemic reform, not a partisan one. It does not limit the autonomy of the judiciary, but strengthens it through the clarity of roles: the judge once again becomes a fully third party, the public prosecutor a fully fledged party to the trial.
This completes, more than thirty years after the Vassalli Code, the transition to a truly accusatory model.

Comparison with European models

A European comparison helps to understand the extent of the change. In Germany, Spain, Portugal and the Netherlands, judges and prosecutors have always had separate career paths, with separate self-governing bodies and clear rules on disciplinary liability.

The British model, on the other hand, is not comparable: in the English common law system, judges and prosecutors come from the same professional body as barristers, lawyers who can alternate between defence, prosecution or trial roles during their careers. It is a system based on tradition and professional experience, not on separate public careers as in continental European countries.

A step towards a Europe of Justice

Italy thus aligns itself with the best European and international practices, overcoming an anomalous model that allowed passages of function and created cultural and operational intermingling between those who judge and those who accuse.
The separation of careers is not a concession to politics, but a step forward in the construction of a more credible rule of law, in which citizens’ guarantees and the certainty of judgement are protected by a clear distinction of functions, responsibilities and powers.

Trust, investment and responsibility

The new system also helps to strengthen the confidence of citizens and international investors in Italy’s ability to guarantee fair trials, reasonable timeframes and a transparent justice system.
It is a reform that looks to Europe, reaffirms liberal and constitutional principles and restores to justice its dual vocation: autonomous, but also efficient and accountable.

Towards the 2026 referendum

A confirmatory referendum on the reform will be held in spring 2026.
For all the reasons stated above, L’Europeista will support the Yes vote to the reform and adheres immediately to the ‘Yes Separate‘ committee, promoted by the Luigi Einaudi Foundation and chaired by Giandomenico Caiazza.
To separate careers is not to divide the judiciary, but to unite the country around a more mature, modern and European idea of justice.