Suchergebnisse

The exception of illegality is a procedural means of verifying the legality of an administrative act. The settlement of the plea of illegality is subject to procedural conditions of admissibility. One of the conditions is that an exception be invoked before the court that settles the substance of the dispute. A decision on interpretation was issued by the High Court of Cassation and Justice, considering that the exception can be invoked in the appeal. We consider that, even after the interpretative decision of the High Court of Cassation and Justice, elements of non-unitary judicial practice may arise in particular as regards the conditions under which the exception may be considered on the merits.

Access to constitutional justice by way of the exception of unconstitutionality is subject to conditions, provided by law and developed in the practice of the Romanian courts of justice and of the Constitutional Court. An exception of unconstitutionality implies a procedural mechanism that must meet the conditions of predictability and clarity, in order to ensure legal certainty and effective access to constitutional litigation. We intend this paper to be a useful tool for litigants and for the courts when they refer to the Constitutional Court with exceptions of unconstitutionality, in terms of a clear delimitation of the powers of the courts of justice and the Constitutional Court.

The Constitutional Court may be notified by the judiciary courts for the settlement of exceptions of unconstitutionality of a law or ordinance or of a provision of a law or ordinance in force, which is related to the settlement of the case. The courts have a filtering role regarding the admissibility of the referral to the Constitutional Court. If the court decides that the referral to the Constitutional Court is inadmissible, the act is subject to a specific appeal, with its own configuration, drawn up in the jurisprudence of the Constitutional Court and of the judiciary courts.

In what way were the messages conveyed in Romanian advertisements influenced by the state of emergency declared due to COVID-19 pandemic? What kind of visual and textual messages did advertisements deliver to the target audience in this unique social context? Were there any specifics regarding their narrative or visuals? Based on the aforementioned questions, our hypothesis is that some Romanian advertisements that were distributed during the state of emergency had a social responsibility message, which is rather uncommon in commercials. The first part of our study will underline the theoretical framework of this problem: defining and explaining social responsibility and its implications. The second part of the study will present our research. Its aim is to conduct a qualitative analysis of the advertising discourse from pragmatic, rhetoric and semiotic perspectives. The corpus of our research consists of several advertisements and campaigns that were most visible in the public sphere during the state of emergency, both online. We will start by identifying the visual elements, narrative techniques and argumentative strategies, explaining the way they function as an instrument to increase social responsibility. We will approach the message of the advertisements from a speech acts theory point of view, then undergo a process of identifying the argumentative tactics that are being used and, finally, we will conduct a semiotic analysis. In the end, we will underline a series of conclusions regarding the narrative and the visual specifics of the analysed contents and we will highlight some ethical aspects of the advertisements.