38The Romanian Government considers that the request for a preliminary ruling must be dismissed as being inadmissible as Article 50 of the Charter does not apply in the present case, which does not concern a situation in which EU law is being implemented, within the meaning of Article 51(1) of the Charter. According to that government, the referring court wrongly relied on the benchmarks set out in the annex to Decision 2006/928 and on paragraphs 158, 159 and 172 of the judgment of 18 May 2021, Asociaţia ‘Forumul Judecătorilor din România’ and Others (C‑83/19, C‑127/19, C‑195/19, C‑291/19, C‑355/19 and C‑397/19, EU:C:2021:393), in support of the applicability of the Charter, whereas those benchmarks were defined due to the deficiencies ‘identified’ by the Commission before the accession of Romania to the European Union in respect, inter alia, of the field of justice and the fight against corruption. In those circumstances, it should be held, having regard, inter alia, to the case-law resulting from the judgment of 19 November 2019, TSN and AKT (C‑609/17 and C‑610/17, EU:C:2019:981, paragraph 53 and the case-law cited), that the aspect connected with the protection of the principle ne bis in idem falls outside the scope of the Charter, with the result that the situation at issue in the main proceedings cannot be assessed in the light of the provisions of the Charter, in particular Article 50 thereof.
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