Request for a preliminary ruling from the Sąd Najwyższy (Poland) lodged on 27 June 2023 – Rzecznik Finansowy

(Case C-390/23, Rzecznik Finansowy)

Language of the case: Polish

Referring court

Sąd Najwyższy

Parties to the main proceedings

Applicant: Rzecznik Finansowy

Other parties to the proceedings: Bank AG S.A., M.S., A.K.

Question referred

Does the second [subparagraph] of Article 19(1) of the Treaty on European Union, in conjunction with the second paragraph of Article 47 of the Charter of Fundamental Rights of the European Union, preclude national legislation which provides that a court of last instance (the Sąd Najwyższy) hearing an extraordinary appeal (extraordinary action) against a final judgment of an ordinary court is to sit in a panel which includes a person (a lay judge of the Sąd Najwyższy) who:

is not a judge of the Sąd Najwyższy;

has been appointed to perform his or her function:

(a)    directly by the legislature – by a simple majority,

(b)    on the basis of general and unverifiable selection criteria,

(c)    in a procedure which does not allow judicial review of the appointment,

(d)    for a term of four years;

3.    and may be dismissed by the legislature, which is also not subject to judicial review?

____________