Request for a preliminary ruling from the Sąd Najwyższy (Poland) lodged on 26 November 2021 — L.G. v Krajowa Rada Sądownictwa

(Case C-718/21)

(2022/C 128/06)

Language of the case: Polish

Referring court

Sąd Najwyższy

Parties to the main proceedings

Appellant: L.G.

Other party to the proceedings: Krajowa Rada Sądownictwa

Questions referred

Does the second subparagraph of Article 19(1) of the Treaty on European Union preclude a provision of national law such as the first sentence of Article 69(1b) of the Ustawa z dnia 27 lipca 2001 r. — Prawo o ustroju sądów powszechnych (Law of 27 July 2001 on the System of Ordinary Courts; Dz, U. of 2020, item 2072), which makes the effectiveness of a declaration by a judge of his or her intention to continue to hold a judicial office after reaching retirement age subject to the consent of another body?

Does the second subparagraph of Article 19(1) of the Treaty on European Union preclude the adoption of an interpretation of a national provision under which a judge’s belated declaration of his or her intention to continue to hold a judicial office after reaching retirement age is ineffective, irrespective of the reason for the failure to observe the time limit and the significance of that failure for the proceedings concerning consent to his or her continuing to hold a judicial office?