
Sökresultat:
1501 Uppsatser om Administrative court - Sida 23 av 101
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..
Natos intervention i Förbundsrepubliken Jugoslavien 1999, en argumentationsanalys
I denna empiriska undersökning analyserar vi argumenten som framkom i diskussionen före och under Natos intervention i Förbundsrepubliken Jugoslavien 1999. Som en bakgrund till vår analys beskriver vi det folkrättsliga regelverket samt två teoriskolor och deras syn på staten, internationella relationer och humanitär intervention. Vi genomför därefter en argumentationsanalys enligt Naess pro et contra-modell, där vi kategoriserar argumenten och bedömer deras beviskraft. Vid bedömningen av argumenten drar vi paralleller till folkrätten och till de olika teoriskolorna..
EU, den fria rörligheten och asyl - En studie av EU:s viseringsregler och Dublinförordningen
This thesis studies two instruments within EC-law, affecting asylum issues, the Schengen Convention and the Dublin Regulation. These instruments are developed as a result of the free movement of persons in the European Union, and the development of the free internal market. The member states are afraid of losing control of who is residing within their borders, as their border controls has been removed, and these instruments are made to protect the member states now that their own means of control are gone. The thesis explains the relationship between the free movement and asylum issues and shows the connection between them. Its focus is aimed at the free movement of workers and how the European court of justice has interpreted article 39 to increase the workers ability to move within the union.
Den Innovativa Organisationen : Entreprenöriellt ledarskap i förvaltande företag
This study sheds light on the firm-lifecycle and the impact of leadership and how itdevelops negatively when the entrepreneurial firm becomes administrative andmanagerial. The ambivalent fact is that the firm, when growing in size, need to becomemore managerial, though without undermining the previously entrepreneurial mind-setthat pervade the organization. The term corporate entrepreneurship has emerged andcomprises that the firm can continue to be entrepreneurial in the managerial stage. Thatis to resume the firm?s work to keep innovative.
Myndighetssamverkan i Barnahus : Blir det bättre för barnen?
Many children are being abused by daily basis. Mostely they are abused by a parent or another person that is close to the child. Mostely the child abuse never is reported to the social services or to the police, and even if the perpertrator is known, only a few cases are brought to prosecution. If a case allthough is drawn before the court of law, there are still too many of the perpetrators that are being acquitted. In other words, the legal security for the abused children is way too low.When suspiscions arise that a child is exposed to child abuse there are several inquiries that starts at the same time.
Demokrati, massmedia och personcentrering - en normativ studie
Denna uppsats är ett resonerande argument kring massmedias roll i det demokratiska samhället.Vi diskuterar inledningsvis ett antal demokratiideal generellt, med syftet att ur dessa kunna identifiera ett gemensamt karaktärsdrag: att demokrati kräver politiskt medborgerligt engagemang. Detta karaktärsdrag används sedermera för att fälla ett normativt påstående kring massmedias roll och innehåll. Detta normativa påstående appliceras slutligen på tre stycken skilda demokratiska ideal med utgångspunkt i en specifik massmedial innehållstyp, personcentrering..
TOLKNING MED METAFORER : En uppsats om lagtolkning och avtalstolkning i ljuset av den konceptuella metaforen och den kognitiva semantiken
This master thesis concerns the relation between law and the theory of the conceptual metaphor which has developed within cognitive linguistics. Although its main focus is abstract thinking, it also covers a wide range of aspects within cognitive linguistics, such as the prototype theory and radial categories. In order to address this relation, three questions will be dealt with. Firstly, does the theory of the conceptual metaphor have relevance to interpretation of legal rules and contracts? Secondly, can the same theory explain why a legal rule or a contractual term has been interpreted outside of its most given area of application? Thirdly, when an interpretation is not predictable from a legal viewpoint, can such an explanation answer to that fact? Answering the first question will require a descriptive analysis of the conceptual metaphor and cognitive linguistics.
Europeiskt arvsintyg : En granskning av det internationella arvsintyget i EU:s arvsförordning
The purpose of this thesis is to investigate the European certificate of succession, and how it affects Swedish inheritance law. The European certificate of succession is a European document that will be introduced in august 2015 in the EU regulation of succession. The certificate of succession is meant to simplify the current process of cross-border inheritance by legitimizing the concerned parties, which according to the regulation are: heirs, legatees, executors of wills and administrators of the estate. According to the regulation, the member state of which the deceased had habitual residence shall have jurisdiction to rule on the succession as a whole. Since the certificate is a European document, it will have legal effect in all member states.
Demokrati och Statskapacitet i Latinamerika
This thesis, drawing from several empirical investigations, reaches the conclusion that there seems to be a positive correlation between the level of democracy and the level of state capacity in Latin American countries. This correlation is explained by a hypothesis derived from Rational Choice theory. With some important caveats, this conclusion is then applied to the discussion about democracy as a form of government. Within democracy, the thesis also offers an insight into different electoral systems and its possible implications, mostly on a theoretical level. The thesis only exists in swedish as of yet..
Mjuk, omsorgsfull och sexualförbrytare : - En studie om kvinnor dömda för sexualbrott
AbstractThere is a general perception that women are victims and men are the perpetrators of sexual offense. Female perpetrators of sexual crimes have been neglected in the research literature, because female sex offenders do not live up to preconceptions of female as motherly and caring. Females tend to be responsible for a very small portion of all crimes and are estimated to account for 1-2% of all sexual offenses. Theories use to discuss female sex offending include neutralization of behavior, mental health and feminist theory. The aim of the present study was to describe female sex offenders and examine the relationship between the perpetrator and the victim by analyzing court judgments.
Varumärkesrätten inom EU : - ensamrätten i konflikt med EG: s konkurrensregler och reglerna om fri rörlighet för varor
The single market is one of the underlying ideas of the European Union. Free movement of goods and efficient competition are central for the function of the union and are therefore carefully protected by the Treaty of Rome. Exclusive rights of trademarks in the EU can be seen as a method of dividing the common market, preventing the free movement of goods and to be anti-competitive. What comes out of this is that there is a conflict between exclusive rights of trademarks and the rules of both free movement of goods and competition. The aim of this work is to see in which kind of situations the exclusive rights of trademarks can be a part of this conflict but also to study how this problem is resolved by the European Court.
Must I move to be with my family? The right to family reunification in EU law and the problem of reverse discrimination
The Court of Justice of the European Union has progressively revised the rule of purely internal situations to ensure a wider scope of application of the economic freedoms as well as the EU citizenship right to move and reside freely within the Union. This development, combined with the increasing importance of fundamental rights, has strengthened the family life protection of those EU citizens who come within the scope of EU law. The limit between the individuals who may benefit from a EU right to family reunification and fundamental rights protection and those who find themselves in purely internal situations has, however, become more legally uncertain. The disadvantage suffered by those who fall outside the scope of EU law is known as reverse discrimination.The 2011 case Zambrano confirmed the trend towards an increasingly generous EU law protection of family life in cases where the exercise of freedom of movement and enjoyment of EU citizenship rights is potentially restricted by a Member State measure. By contrast, in the subsequent McCarthy- case, it became clear that families in purely internal situations may only rely on national immigration and procedural law to obtain family reunification and protection of their fundamental rights.
Restvärmeåteranvändning från absorptionsvärmepumpar : en kartläggning av möjligheter och begränsningar vid Vattenfall Värme Uppsala Block 5
Vattenfall district Heating power plant in Uppsala produces district cooling with absorption heat pumps which leads to a large amount of waste heat that has to be cooled with evaporative cooling towers. The Environmental Court has ordered Vattenfall to survey the possibilities to recover the heat, which is the focus of this thesis.The study begins with an overview of the system, and conditions and limitations for waste heat recovery is examined. In the next step alternatives to recycle the heat is evaluated, either by direct recovering or by upgrading.First, the technical possibility of each alternative is discussed, and then the operation time and the amount of recovered heat is calculated. Those alternatives which are possible are brought further to an economic analysis.The cost of investment for each alternative constitutes the basis for a present value analysis. The results are put together in a table where the total amount of recovered heat is compared with the present value for the different alternatives.
Rättssäkerhet och anstånd med betalning av skatt : En analys av 17 kap. 2 § p. 2-3 Skattebetalningslagen ur ett rättssäkerhetsperspektiv
The aim of this thesis is to investigate whether legal rights are upheld when wording and applying the postponement of payment of tax regulations of chapter 17 section 2 p. 2-3 of the payment of Tax Act. We also investigate how the wording of the regulations relate to the requirement of legal security.It has been questioned if the regulations concerning postponement of payment of tax are compatible with the requirement of legal security. Of course does not a taxpayer want to pay tax that he or she consider incorrect, and that has not been under trial by an impartial authority. If the request for postponement of payment of tax is rejected, the consequences for the taxpayer can lead to huge financial losses.
Bakgrunden till Danmarks beslut att delta i Irakkriget - en fallstudie ur Anders Fogh Rasmussens perspektiv
In this essay we try to find explanations as to why Denmark went to war, to-gether with the United States and other nations, against Iraq. We have exam-ined several factors which we believe to be the most important for Denmark`s decision to go to war. In particular, we have looked at Prime Minister Anders Fogh Rasmussen and his belief system, Denmark`s recent domestic policies especially the immigrations policies, relevant parts of Denmark`s past foreign policies and Denmark`s role within international organizations like UN, NATO and EU. Throughout the essay our attention is focused on Rasmussen as a main actor in forming and pushing through Denmark`s policies..