Michele Emiliano, who has been absent from the political arena since withdrawing from the 2025 election, might soon find himself back in the court system after over two decades. Formerly a prosecutor, Emiliano was expected to be appointed as a legal advisor to his successor, Antonio Decaro, thereby maintaining a connection to politics. This move is significant given his continuous involvement in politics since becoming the mayor of Bari in 2003.

Currently, however, the Superior Council of the Judiciary has yet to decide on Emiliano's request to remain outside the judiciary while holding a position in regional government. He would receive a salary of 130,000 euros per year for such a role, but his future in this capacity is uncertain. Analysis from the newspaper Repubblica suggests that the delay in the decision may relate to avoiding exacerbating tensions surrounding the upcoming referendum on Justice.

Additionally, the Council has several other magistrates who have requested to place their judicial roles on hold, which complicates Emiliano's situation. There are at least fifteen magistrates seeking similar arrangements, indicating that the Council's decisions could have broader implications for the judiciary’s operations moving forward and how political roles interact with judicial careers in Italy.