Judgment_paragraph 82 · BN and Others v Getin Noble Bank S.A (C-132/20)

82First, the referring court states that FO was first appointed to the position of judge by the Council of State of the PPR, which was a political body within the executive branch of the PPR, on a proposal of the Minister for Justice at the time and pursuant to the Decree Law of 6 February 1928 on the organisation of the ordinary courts, without that appointment being based on transparent criteria, without a judicial self-regulatory body or a public authority established following democratic elections having participated in the procedure for appointing that judge and without FO’s irremovability having been guaranteed.