The European Association of Judges (Eaj) has also joined the Italian chorus of criticism against the reform of the separation of careers in the judiciary promoted by the government. With a letter addressed to Prime Minister Giorgia Meloni and Justice Minister Carlo Nordio, the Eaj expressed concerns, stating that the reform could put the independence of the judiciary at risk. But how much of these concerns is real and how much is dictated by the interests of a part of the judiciary that does not want to lose its power? The debate is old and complex. Giovanni Donzelli, a member of Fratelli d’Italia, declared in an interview with Corriere that the real problem is not the reform, but the inability to accept that the Meloni government is legitimate and determined to intervene. «The agitated climate is not caused by our reforms» explained Donzelli, «but by those who have not resigned themselves to the fact that Giorgia Meloni won the elections». «There is no clash with the judiciary – he specified – there are some politicized magistrates who oppose our desire to reform justice».
This resistance, according to the Melonian, is fueled by a part of the judiciary that has intertwined its institutional role with political logic, putting the impartiality of the judicial system at risk. “Some magistrates interpret their role in a political way, and that is why reform is necessary,” he added. An example of this politicization is the case of Marco Patarnello, deputy prosecutor of the Supreme Court, who defined Prime Minister Meloni as “dangerous” in an internal email from the National Magistrates Association. These words raised a wave of indignation but only from the majority. On the other side, that of the opposition, however, a deafening silence. Or almost. Nordio, in this regard, promptly announced a ministerial inspection: «We are verifying the conditions for an inspection by the ministry». The Keeper of the Seals, with his long career behind him, did not fail to underline how trust in the judiciary has plummeted over the years. «When I entered the judiciary, in 1976, we enjoyed the consensus of 80% of citizens. Today that consensus has collapsed”, recalled the minister, suggesting that much of the blame lies within the judicial system itself.
For Donzelli, essentially, with the reform “we want to guarantee that judges can carry out their work without being conditioned by ideological pressure”. Meanwhile, despite protests and attempts to slow down, the government is determined to continue with justice reform. Approved by the Council of Ministers in May, the career separation proposal is currently being discussed in the House Justice Committee. The Minister for Relations with Parliament, Luca Ciriani, confirmed that the objective is to bring the law to the Chamber for a first reading by Christmas. The reform, made up of eight articles, introduces substantial changes to the jurisdictional system, including the separation between the careers of judges and prosecutors, as mentioned. One of the most significant innovations is also the creation of two distinct sections of the Superior Council of the Magistracy (CSM), with the professional component selected by drawing lots, a mechanism aimed at reducing corporatism and power games.
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Interview with Giovanni Donzelli, Member of Fratelli d’Italia
Editor: Thank you for joining us today, Giovanni. The recent criticism from the European Association of Judges regarding the government’s reform of the separation of careers in the judiciary has sparked a significant debate. What are your thoughts on the concerns raised about judicial independence?
Giovanni Donzelli: Thank you for having me. I believe the concerns raised are overstated. The reform aims to enhance the efficiency of our judiciary, and those objecting are part of a politicized faction within the judiciary that is resistant to change. The real issue isn’t the reform itself but the fact that some individuals cannot accept that the Meloni government is legitimate and has a mandate to carry out these changes.
Editor: You mentioned a politicized faction. Can you elaborate on how you see this affecting the judicial system’s impartiality?
Giovanni Donzelli: Certainly. The intertwining of politics and the judiciary has compromised the impartiality that is fundamental to our legal system. Some magistrates have started to view their roles through a political lens, which erodes public trust. For example, comments made by Deputy Prosecutor Marco Patarnello calling Meloni “dangerous” reflect a troubling trend. Such politicization isn’t just unprofessional; it damages the integrity of the judiciary as a whole.
Editor: Justice Minister Carlo Nordio has also spoken about declining public trust in the judiciary. In your opinion, what role does the current judiciary play in this decline?
Giovanni Donzelli: I think the judiciary has a significant part to play in this decline. Trust in the system has plummeted; when the public sees judges acting politically or making inflammatory remarks, it understandably leads to skepticism. We have to acknowledge that some of the problems we face are self-inflicted. The reforms we propose are meant to address these very issues and restore faith in the judicial process.
Editor: There is apprehension that reforms could undermine judicial independence. How do you respond to critics who fear that these changes will lead to political interference in the judiciary?
Giovanni Donzelli: The aim of our reforms is precisely to protect the independence of the judiciary by removing political influence. By clarifying roles and responsibilities within the judicial career path, we can ensure that judges focus on justice rather than political allegiances. The separation of functions is crucial for maintaining fairness and credibility in our legal system.
Editor: Thank you for sharing your insights, Giovanni. It’s clear that the intersection of politics and justice will remain a contentious topic as these reforms progress.
Giovanni Donzelli: Thank you for having me. It’s an important dialogue, and I hope to see constructive discussions moving forward.
He current judiciary has contributed significantly to the decline in public trust. Over the years, we’ve witnessed a growing disconnect between the judiciary and the citizens it serves. When I first entered the judiciary, trust levels were at around 80%, and now they’ve plummeted. This crisis of confidence is largely due to certain elements within the judicial system misusing their roles for political ends instead of focusing on the law and justice. Our reform is intended to re-establish that trust by ensuring judges can perform their duties free from ideological pressures.
Editor: The reform has been proposed to separate the careers of judges and prosecutors. Why do you believe this is necessary, and what changes do you anticipate will result from this separation?
Giovanni Donzelli: The separation is essential for reinforcing the independence of judges and prosecutors. By having distinct career paths, we can minimize the potential for conflicts of interest and ensure that judicial decisions are made based on legal merits alone, rather than influenced by political affiliations. The proposed reform will create two separate sections within the Superior Council of the Magistracy (CSM), which will help eliminate corporatism and increase transparency. Our goal is to restore confidence in the judicial system, making it more responsive to the needs of the public.
Editor: As the debate continues, what do you see as the next steps for this reform process? How will you address the ongoing opposition from various groups?
Giovanni Donzelli: We will continue to engage with all stakeholders involved in this discussion. The proposal has already been approved by the Council of Ministers and is currently under discussion in the House Justice Committee. We aim to bring this law to the Chamber for a first reading by Christmas. We understand that there will always be opposition, but it’s crucial for us to stand firm on the need for reform. We must highlight the benefits of this proposal for the judiciary and for Italian citizens—authentic justice that serves the people, not political agendas. Thank you for the opportunity to discuss these key issues today.