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1501 Uppsatser om Administrative court - Sida 10 av 101
Implementeringen av miljöansvarsdirektivet i den svenska rätten : En europarättslig studie om förvaltningsförfarandet vid miljöskador utifrån principerna om god förvaltning och processuell autonomi
The aim of this thesis is to examine how the EU directive 2004/35/EC on environmental liability impacts the Swedish administrative legal order. The thesis examines the directive through two main EU principles - the principle of good administration and the principle of procedural autonomy. The EU principle of good administration as a concept contains various procedural and substantive obligations that make up the subject for examination of the directive, both as regulated in the directive and as general principles of EU law. The directive is analyzed using a comparative method to determine to what extent the procedural and substantive principles of the directive impacts the Swedish administrative law, and weather or not the Swedish regulations comply with the EU principle of good administration.The results of the study shows that, althought there?s a general principle of national procedural autonomy, the EU principles of good administration do affect the Swedish administrative regulation in various aspects, through the implementaion of the directive on environmental liability as well as general principles of EU law.
Utstationering av utländska arbetstagare i Sverige : Är Lex Britannia och Sveriges sätt att implementera utstationeringsdirektivet (96/71/EG) förenliga med EG-rätten?
The Latvian building company Laval un Partneri Ltd (Laval) posted Latvian construction workers at the rebuilding of a school in Vaxholm in autumn 2004. Because the company refused to sign a collective agreement with Svenska Byggnadsarbetareförbundet (Byggnads), which is the Swedish trade union for constructions workers, Byggnads put the construction site under a boycott. Next Laval sued Byggnads for damages in the Swedish Labour Court (AD) because Laval considers the boycott as well as Byggnad´s demand that Laval signs a collective agreement incompatible with EC Law. AD has now demanded a preliminary ruling from the European Court of Justice (ECJ). While waiting for the preliminary ruling from the ECJ, several important questions of principle stand unanswered.
Hugo Chávez Venezuela - en demokrati i praktiken eller bara på pappret?
AbstractIn this bachelor thesis I discuss and analyse the current situation of the Venezuelan democracy. By using a theoretical framework based on the theory of horizontal accountability, I focus on the interaction between different institutions and branches within the state of Venezuela. The analysis focuses on the strenghts and flaws of the newly accepted constitution, and to what extent the institutions of checks and balances remain true to the laws and the constitution of 1999. My conclusions are that in terms of vertical accountability, the Chávez-regime acknowledges a wide popular support for their governmental actions. In contrast, the incumbent administration shows almost no respect for horizontal accountability.
Djurskyddskontroller ur lantbrukarnas perspektiv - från kommun till länsstyrelse
On the first January 2009 the official animal welfare control were transferred from the municipalities to the County Administrative board. With this transition, some changes occurred for those who work as animal welfare inspectors. The aim for this study was to examine farmers' view on the transition between the municipalities and County Administrative board, in order to compare the two authorities. I have also studied the farmers view about animal welfare inspectors' knowledge, both theoretical and practical. The questionnaire also included questions about farmers' view on animal welfare legislation.
Bevarandevärt i domstolsprövning ? plan- och bygglagens egentliga skydd ur bebyggelseantikvarisk synvinkel
Uppsats för avläggande av filosofie kandidatexamen iKulturvård, Bebyggelseantikvariskt program15 hpInstitutionen för kulturvårdGöteborgs universitet2013:20.
Obehörig vinst -- en möjlighet eller onödighet?
SummaryUnjustified enrichment is an obvious part of the jurisprudence in the majority of countries in Europe. But not in the Nordic countries, and certainly not in Sweden. This depiction of the Swedish posture is based mostly on Hellner?s thesis from 1950. A lot has happened since then, not to mention Sweden?s entry in to the EU.
Gör om, gör rätt! Om judikalisering och migrationsdomstolens tillkomst
This thesis examines the reasons behind the Swedish migration policy reform which led to a replacement of the Aliens Appeal Board by the Migration Court. This introduced a two-party procedure, oral hearings and enhanced transparency. It was designed to guarantee the rule of law and to thwart political arbitrariness.The transfer of power from representative institutions to judiciaries is referred to as judicialization, and the Migration Courts may be considered a typical example of this phenomenon. However, this can be questioned. The straggling nature of the term implies everything and anything unless cautiously defined.
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.
Vilande Bolag : Beskattning av fåmansföretag
Title: Dormant companies ? Taxation of closely held companiesProblem: Many companies are facing a business transfer and fall within a smaller company with a few owners and therefore that tax jurisdiction is current. They risk facing high taxes but it can be avoid by setting the company in an inactive status for five years.Purpose: The purpose is to describe the inactive company rules and the verdict from the Swedish Supreme Administrative court. Also to investigate how this verdict will affect company sellers.Method: Based on a case study and by analyzing the Swedish Law conclusions has been determinate.Result: A dormant company must be inactive for five years, and then the company can benefit from a different taxation. The owner and it´s relatives can´t be active in the company during this five year period.
Vederbörliga justeringar vid internprissättningsfrågor : Analys av om gällande rätt är tillfredställande för lösning av tvister som uppkommer till följd av justeringar av internprissättningar
Today adjustments on the pricing of internal transactions between multinational enterprises can lead to economic double taxation for the involved companies. This circumstance will result in an obstacle for private enterprising on the international market. Rules regarding corresponding adjustments and the mutual agreement procedure, that is used to eliminate economic double taxation, are today not sufficient tools to achieve this purpose. Consequently, changes regarding these rules should be implemented.The main reason for why economic double taxation is not put right is the competent authorities? inability to reach a suitable solution for the dispute.
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..
Lagar mot lösdriveri : En vägledning till hur man finner handlingar från svensk lagstiftning på Riksarkivet
For centuries it was a crime to be without work or an income in Sweden. Those breaching this law were called vagrants and could be sentenced to forced labor. They stood outside of society in many ways as they were being criminalized. Society's view of them becomes clear by the laws enacted against vagrancy. The investigations that were made in creating the laws do not only say something about society's view of vagrancy, but something about the society itself.In Sweden we have a unique collection of investigations and referrals that are public records through Freedom of the Press.
Undantagande av handlingar vid Skatteverkets revision
AbstractThe tax authority has an obligation to ensure that all tax cases are adequately investigated according to 40:1 SFL. In order to fulfill this obligation the tax authority has a number of investigation options. The most common form of investigation is so- called desktop investigations, which means that the tax authority will send written inquiries or injunctions to taxpayers. The most intrusive and resource-intensive form of investigation is audit. The general rule is that the tax authority?s auditor may examine all accounting records and other documents related to the business.
Rekonstruktörens skadeståndsansvar
The thesis consists in two parts. The purpose of the first part is to analyse how the court may interpret rules, principles and legal cases to decide whether a reconstructor bears liability towards the debtor and the creditors. In the second part it is discussed and argued for how the reconstructor´s damage liability should be drawn up and applied so that it according to economic theories should be as efficient as possible. In the thesis it is shown that it is not a non-contractual liability or a liability based on authority mission. The reconstructor´s liability is instead based on a commission concerning an intellectual service.
Rimligt tvivel? : En studie om historievetenskaplig stringens i en juridisk kontext
What happens when historical theories are used as evidence in a trial? Is it possible for historians to use their own scientific tools when acting as participants in a juridical process? And how do judges deal with historical evidence? The aim of this study is to answer these questions by analyzing a specific trial, known as ?Härjedalsmålet?. Härjedalsmålet was a court case about the Sami people?s right to let their reindeer graze on private property grounds in Härjedalen during the winter season. Their claim to this right was based on prescription of time immemorial.