Tensions mount between Italy's government and courts ahead of justice referendum

By Angelo Amante

Prime Minister Giorgia Meloni has accused Italy's courts of undermining her efforts to curb illegal migration, ramping up tensions with the judiciary ahead of a referendum on the justice system set for March.

On Wednesday, a court in the Sicilian capital Palermo told the government to pay compensation of 76,000 euros ($89,700) to charity Sea-Watch for unlawfully detaining its ship after it had defied a 2019 naval blockade to bring ashore rescued migrants.

The ruling followed a decision in Rome to grant compensation to a migrant with multiple convictions to his name, who was transferred to an Italian-run repatriation centre in Albania, on the grounds that he had not been allowed to inform his family.

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"What message is being sent with this long series of objectively absurd decisions — that the government is not allowed to try to combat mass illegal immigration? That whatever law is passed and whatever procedure is put in place, a politicised section of the judiciary is ready to obstruct it?" Meloni said in a video message late on Wednesday.

The March 22–23 vote is a crucial test for Meloni's right-wing government ahead of a national election set for 2027, though she has said she will not resign in the event of defeat. Polls suggest the referendum could go either way.

Italy's right has long accused the fiercely independent judiciary of playing politics and says the reform will make judges more impartial by cutting their ties with prosecutors.

Magistrates and the centre-left opposition have accused Meloni of seeking to weaken the judiciary and impose political control over the prosecutors.

Meloni's latest criticism came after Italy's President Sergio Mattarella appealed for "mutual respect" in the referendum campaign after he took part in a meeting of the magistrates' self-governing body (CSM).

DYSFUNCTIONAL JUDICIARY?

Courts deny being prejudiced against Meloni, saying they are simply applying the law.

However, senior ministers said the migrant rulings were evidence of a dysfunctional judiciary and urged Italians to back their reform proposal, which includes separating the career paths of judges and prosecutors.

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"On March 22–23 I will vote YES in the referendum to change this in-(justice) system that does not work," said Deputy Prime Minister Matteo Salvini, who was interior minister when the Sea-Watch vessel violated the blockade.

Tempers have flared in recent weeks between prominent magistrates and the government over the proposed reform, which opponents say will curtail the judiciary's cherished independence.

Naples prosecutor Nicola Gratteri, an opponent of Meloni's reform, said those standing trial or opposed to an efficient justice system would back the change, while "decent people" would vote against.

Justice Minister Carlo Nordio said the CSM was a "mafia-like" mechanism.

The 'yes' and 'no' camps are neck-and-neck, according to a poll by daily Corriere della Sera last week. Turnout is seen as crucial, with a high abstention rate likely to help opponents of the reform.