Lawyers representing the NGO Repubblika have asked a court to issue an interim measure to stop newly-appointed judges and magistrates from being appointed any duties until the case is concluded.

Last week, the NGO filed an injunction to stop the appointment of three new judges and three new magistrates. It said that the government should impement the recommendations of the Venice Commission before appointed new members to the bench, this ensuring that judges and magistrates are truly independent.

The appointments went ahead on Thursday after the court found that the process could possibly be annulled.

But lawyers Jason Azzopardi and Simon Busuttil, representing Repubblika, said on Monday that there would be a “judicial Armageddon” if any judgments handed down by the new members of the judiciary are eventually annulled.

When the case started being heard on Monday morning, Azzopardi and Busuttil traded arguments with Attorney General Peter Grech, who was assisted by lawyer Victoria Buttigieg.

The AG said the NGO had already requested an interim measure on Thursday. This new request, he said, was repetitive and ran counter to the principles of “ne bis in idem” (no legal action can be instituted twice) and “res judicata,” (a matter that has been adjudicated).

Mr Justice Mark Chetcuti, who is presiding over the case, pointed out that this was not quite the same, with one being subject to executive discretion.

The AG argued that once a person is appointed judge or magistrate, they are expected to perform their duties in an impartial manner.

But lawyer Jason Azzopardi spoke about the ramifications if all decisions taken by these newly-appointed members of the judiciary were to be annulled.

“It would be like a judicial Armageddon,” he said.

Simon Busuttil referred to a European Court of Justice ruling, where a similar request had been upheld in Poland.

After hearing all arguments, Mr Justice Chetcuti minuted that the request for an interim measure requested on Monday was substantially different to what had been requested last week.

As to the request for a preliminary reference to the European Court, the judge said that such a request could be submitted before the First Hall, Civil Court, in its constitutional jurisdiction and it was up to that court to decide whether the circumstances were such as to merit the reference.

Repubblika was granted time to file two separate applications clearly stating “the precise requests and legal basis” for the said interim measure.

The case continues on Monday.