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908 Uppsatser om Abuse of judicial procedure - Sida 19 av 61

Ne bis in idem : Tillämplig på förhållandet mellan skattetillägg och skattebrott samt på förhållandet mellan skattetillägg och bokföringsbrott?

In the European Convention and the EU charter the principle ne bis in idem is provided, which implies that a person can not be tried or punished twice for the same offense. Since the European Convention was incorporated into Swedish law in 1995 the principles application has been discussed in tax law. Several cases have been examined by the European Court and the Supreme Court (HD) in order to determine whether dual punishment has occurred in the national rules concerning tax surcharge, tax crime and accounting fraud. The judicial trials have brought different assessments concerning the matter, which have resulted in a lack of clarity on the application of the principle in Swedish law.The thesis purpose is to clarify whether the principle ne bis in idem is applicable on the relationship between tax surcharge and tax crime, and the relationship between tax surcharge and accounting fraud.The authors' conclusion is that the principle ne bis in idem is applicable on the relationship between tax surcharge and tax crime because both sanctions are considered criminal in nature and concern the same crime, since they are based on substantially the same circumstances. Furthermore, the principle ne bis in idem is considered applicable on the relationship tax surcharge and accounting fraud, because both sanctions are criminal in nature and their circumstances have a connection, therefore they are considered as the same crime..

"Jag blir den du säger att jag är" : Intagnas upplevelser kring bemötande och maktutövning på kriminalvårdsanstalt.

Prisons are for many an unknown world, and few know about the prison culture which includes unwritten rules, power structures, interactions and relationships between inmates and correctional employees.While many think that Swedish prisons are too comfortable,inmates are facing extreme stress due to surveillance and detention, by depriving inmates their possibility to shape their own lives. When the inmates is deprived of control over their own life?s the penal system have great power to shape and to influence the inmates.The purpose of this paper is to investigate prisoners' experiences of treatment and exercise of power in prisons. Starting point is to examine what are the kinds of relationships between prison officers and inmates from a power perspective, if there is any difference between the closed and open prisons and how the inmates affected by the structures that exist.Based on my overall purpose, and with my informant´s stories which revealed a number of similar points, four main headings were developed; Mass media and society´s view, and unknown world, interaction between inmates and prison officers and consequences.Prison officers with the role as a contact persons as well and other staff which work close to the inmates play a significant role by supporting through motivational interviewing and can help the inmates to gain insight about their life situation and actions. My informant?s underlined that a good contact person can either help or discourage.Inmates who contributed with their experiences express that there is a big difference between open-and closed prisons.

Konkurrensrätt : Innebörden av artikel 82 EGF

The competition policy in the EU should guarantee that the competition is not distorted in the way that would prevent or create difficulties for the free mobility of goods and services between Member states. It is prohibited for companies to abuse their dominant position according to Article 82, if it affects trade. The essence of Article 82 is control of market power. The perfect competition results when supply and demand appoint the price and quantity of a product. Firms are encouraged to compete then it results in efficiency, quality products and lower prices.

Human Resource Management : En korrelationsstudie om upplevt organisationsstöd och psykologiska kontrakt.

The relationship between employer and employee is, from a judicial point of view, governed primarily by economic and employment contracts. However, a significant part of the dynamic is also dictated by tacit expectations and promises (so called psychological contracts). The aim of this study was to investigate the relationship between perceived organizational support (POS) and psychological contract violation. Primary hypothesis assumed that there was a correlation between higher perceived organizational support and a reduction of feelings of violation from psychological contract breach. It was also assumed that employment time, sex and past breach experiences correlated with feelings of violation.

Rättfärdigandebegreppets potentiella tillämpning vid direkt könsdiskriminering : en analys av den EG-rättsliga diskussionen om utökade möjligheter till rättfärdigande

Sex equality law within the European Union is well developed and has since the Rome Treaty, given rise to several directives and other judicial acts on this matter of community law. The concepts of direct and indirect discrimination emerge from the general principles of Equal pay and Equal treatment and have been codified and amended several times until present.The lasts years, authors within the field of Equality Law has been pointing out that there is a common desire for simplification of discrimination law in Europe. The question has arisen whether this simplification could be implemented trough the introduction of a general justification defence for direct sex discrimination.The concept of direct sex discrimination - when a person of one gender is treated less favourably, on the grounds of gender, than a person of the other gender would be treated in similar circumstances - leaves no possibilities for such justification today. Indirect sex discrimination ? which arises from the equal application of neutral rules that shows an adverse impact on one group ? can be justified if the rule answers to true requirements of the job.Does the proposition that direct discrimination should be justified find support in the inconsistency of the present legislation? This paper will examine this and other questions concerning the wish for a general justification defence through studies of case law from the European Court of Justice as well as differing opinions from authors within the field of equality law..

The behaviour of foals before and after weaning in group

Weaning is a standard procedure at most studs, and the methods of weaning varies greatly. The method used at the stud in this particular study is supposed to decrease stress. The purpose of the study was to compare the behaviour of foals in group before and after stepwise removal of their mares. Standardbred foals with their mothers were kept in three different groups at pasture (12, 11 and 11 foals, respectively, mixed sexes). They had free access to silage and the foals were fed concentrate in a creep-feeding area. By the time the foals were 5 months old, the mares were stepwise removed from the pasture.

Utveckling av ögonstyrt kommunikationshjälpmedel för intensivvårdspatienter

Thousands of people all over the world suffer from injuries that temporary affects their ability to speak or inother ways communicate. A very common procedure for persons that suffer from some kind of breathingproblem in the higher parts of the neck is called tracheotomy. This prevents the patient from speaking whenno air passes the vocal cords. There have been many studies done to understand how these patientsexperience this period. The results are consistent, the patients often feel fear, frustration and worries aboutthe future.Tobii Technology develops a technique called eyetracking wich enables persons to control a computer with theeyes.

Kapitalstruktur hos na?gra sto?rre utvalda fo?retag i Hallands la?n : En kvalitativ studie om olika utvalda faktorers pa?verkan pa? fo?retagens kapitalstruktur

Flexible working conditions is used extensively in organizations today as a way tocreate flexibility for the employer. Recently we?ve been reading in the newspapersthat this approach is a growing problem and the EU has warned Sweden twice thatabuse of these forms of employment must be stopped. The Government has recentlysubmitted a proposed rule change to reduce the possibility of stacking one temporarycontract after another. Borlänge kommun makes themselves more flexible with theintermittent employments.

Möjligheterna att ändra väckt talan i dispositiva tvistemål : En studie av 13 kap. 3 § RB

The purpose of this thesis is to investigate the plaintiffs and the defendant?s prospects to change their claims and pleas in optional civil actions and how the rules for the modifications of a suit are affecting the framework of the process. The plaintiff's general ability to expand and alter the claim is found in the chapter 13, 3 § of the Act of Procedure and the basic principle is that a claim is not to be changed. From this basic principle exceptions are allowed to claim another fulfillment or to expand the process with a claim for interest or other additional obligations. The plaintiff can also limit his or her claim or expand the claim with new legal foundations as long as the issue of the process does not change.

Flexibilitetens frammarsch, en studie om den intermittenta anställningen

Flexible working conditions is used extensively in organizations today as a way tocreate flexibility for the employer. Recently we?ve been reading in the newspapersthat this approach is a growing problem and the EU has warned Sweden twice thatabuse of these forms of employment must be stopped. The Government has recentlysubmitted a proposed rule change to reduce the possibility of stacking one temporarycontract after another. Borlänge kommun makes themselves more flexible with theintermittent employments.

Den Normaliserande Alliansen : Två programverksamheter för unga lagöverträdare

The papers purpose is to examine how the Botkyrka and Huddinge municipalities implement their juvenile law offenders' programs. The paper briefly and concisely outlines the history of juvenile offenders and the social services programs dealing with them. We focus on how two municipalities?, Huddinge and Botkyrka, implement these programs. The municipalities belong to the same judicial district,?Södertörns tingsrätt?.

Smutsiga politiker vid makten - en studie av medborgares förtroende för korrumperade politiker

Researchers in the field of political corruption generally expect voters in democratic states to lose trust in corrupted politicians. However, there are cases where corrupted politicians maintain their popularity, a phenomenon studied in this thesis. Focus lies on three cases of political corruption: the Italian Prime Minister Silvio Berlusconi who has been the subject of several judicial investigations and court cases; the impeached former president of Lithuania, Rolandas Paksas; and the German Christian Democratic Union's (CDU) involvement in a party funding scandal. The cases are chosen based on the method of agreement. Berlusconi, Paksas and CDU have all, in spite of their corrupt behaviour, kept or regained popular support among a large group of their country's citizens.

En jämförelsestudie mellan blivande sjuksköterskor tillhörande Generation Y och yrkesverksamma sjuksköterskor tillhörande Generation X : En studie kring värderingar, egenskaper och attityder

Flexible working conditions is used extensively in organizations today as a way tocreate flexibility for the employer. Recently we?ve been reading in the newspapersthat this approach is a growing problem and the EU has warned Sweden twice thatabuse of these forms of employment must be stopped. The Government has recentlysubmitted a proposed rule change to reduce the possibility of stacking one temporarycontract after another. Borlänge kommun makes themselves more flexible with theintermittent employments.

Krav på exportlicens vid gränsöverskridande transporter av farligt avfall inom EU

The purpose of this essay is to draw attention to the obstacles that affects the internal trade of waste within the EU. The essay doesn?t in any way encourage pollution or illegal handling of waste but unfortunately there are large profits to be made from illegal destruction and recycling of waste and especially hazardous wastes. Therefore the dependable companies handling waste must access a market with fast and flexible (but predictable) regulations as well as lower transaction costs to help make the environment better and encourage a strive for increased recycling. There are examples where some waste only can be sent to a land-fill within the country but could be recycled in other EU-countries.

"Jag gjorde det dom betala för" : En narrativ berättelse om en kvinnas liv och vägen ut ur prostitution och missbruk

This study aims to find out what happens with the roles that are seemingly left behind. Are there roles that are harder or easier to exercise? Available roles with us through life and affect our future decisions or we switched completely away from them and create new roles based on the situations we find ourselves in at the moment? The aim is also to see how the relationship looks like between closed roles and new roles in life. To try to find this out, I have used the narrative method. The study is based largely on Goffman's theories of roles, behind and above the front- and back stage.

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