The magistrates and judges controversially appointed just over two weeks ago have been assigned work despite a challenge to their appointments set to be decided in the coming weeks by a constitutional court.

The urgent constitutional lawsuit filed by NGO Repubblika, just hours before the new members of the judiciary were sworn in on April 25, requests the suspension of the appointees until final judgement, as well as referring the case to the European Court of Justice under the preliminary reference procedure.

Submissions over these interim measures were heard in two urgent hearings – and lengthy written duels on jurisprudence and legal enunciation put forth – by the First Hall in its constitutional jurisdiction.

In the last hearing last on Monday Mr Justice Mark Chetcuti said that since the request involved the judiciary an expeditious decision had to be taken. He deferred the case for judgment on the interim measures, including suspension of the latest appointees, for May 29.

Yet cases have since been assigned to some or all of the new magistrates and judges.

One of the appointees, Mr Justice Francesco Depasquale, has issued decrees on deferments, an administrative matter.

Another appointee, Magistrate Brigitte Sultana, has hearings scheduled in the Gozo court as early as May 28, a day before Mr Justice Chetcuti is scheduled to pronounce judgment on the request to suspend the appointees. 

Sources in some quarters of the court deplored the pressure that getting to work puts on Mr Justice Chetcuti, especially since he had pronounced his intention to deliver judgment expeditiously.

 “Once they have been appointed, and absent any court order to prohibit them from carrying out judicial duties, the Chief Justice has to assign them cases,” said Kevin Aquilina, dean of the Faculty of Laws at the University of Malta. “And they are obliged to perform their duties; otherwise they may be liable to disciplinary action.”

Asked if this puts pressure on the judge who is considering the request for their suspension, he said: “This puts pressure on everyone – on the judge, the Chief Justice, and the appointees themselves.”

The Chief Justice said he could not reply to questions.