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740 Uppsatser om Arm\\\\\\\'s length principle - Sida 3 av 50
EU:s tjänstedirektiv - ursprungsprincipen eller destinationsprincipen?
The Vaxholm conflict was initiated when the Swedish Trade Union for Construction Workers shut down a construction site in order to prevent a Latvian construction company to build a school after the two parties had failed to agree upon a collective agreement in compliance with Swedish regulations. An emotional public debate followed that resulted in a discussion of the proposal for the Services Directive of the EU, based upon the country-of-origin principle. In this thesis we will analyze whether the country-of-origin principle or the country-of-destination principle is best suited to capture the gains-of-trade that the common market hoards and improve welfare within the EU. We conclude that the country-of-origin principle is the more apt of the two, though it leads to some short-run costs such as structural unemployment. But these will be more than outweighed by the gains in aggregate welfare for the EU in the long run..
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..
Födoval hos juvenil piggvar (Psetta Maxima) : effekter av bytesstorlek
The effects of prey size on prey choice in different cohorts of juvenile turbot (Psetta maxima)were studied in three nursery areas at Gotland. Prey length measurements showed that gobies(Gobiidae) increased in average length during the season, while mysids (Mysidae) did not.Experiments on predation capacity of different size classes of turbot on different size classesof prey showed that juvenile turbot easily can eat gobies that are up to two thirds of their ownbody length, while the body size of turbot does not have any effect on the predation capacityon mysids. Stomach content of 217 turbots, less or equal 35 mm, was analysed to see if therewas any change in diet during the season, but there was no significant change in diet. Theoverall conclusion was that early settlers most likely have an advantage due to greater accessof alternative prey..
Kommunikationens utformning i prospekt
Previous research analyzing information and communication effects regarding high-involvement purchases has so far concerned communication length and the use of salient attributes. Studies investigating the effects of communication on a word-level is however limited. For a high-involvement purchase like an apartment the need for information is vital in the customers purchase decision. The main purpose of this study is to investigate whether the communication in the prospectus varies based on sales success. The study connects research in information search, high-involvement purchases, communication length and information vividness.
Gränsöverskridande arvsrätt : Gemensamma lagvalsregler inom EU
When someone dies there will always be an inheritance, an inheritance that earlier has been seen as a national concern. However, every year there are about 450 000 deaths within the European Union linked to more than one country, either when the deceased has changed his state of residence or when he has assets in another state, for example a Swedish national with a summer house in Spain. The problem is to determine which na-tional law that is supposed to be applicable to the inheritance.There are two principles that can be applicable on the choice of law, the principle of na-tionality and the principle of residency. If the principle of nationality is used the inherit-ance will be regulated by the deceased`s citizenship while the principle of residency takes aim on the deceased´s last domicile instead. Conflicts can occur between the two principles so that the legacy must be divided between two different legislations.In October 2009 the Proposal for a Regulation of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession was presented, a regulation that will try to create harmonized rules on in-teralia the inheritance matters.
Brunstvisningsförmåga hos SRB- och Holsteinkvigor
Oestrus in dairy cattle has changed over the last decades, the duration has decreased and the intensity of oestrus has declined. A possible explanation can be their high and increasing milk production. Heifers ability to show oestrus is probably not affected to the same extent. The aim of this study was to estimate and compare oestrus duration and strength in heifers of the Swedish Red and Holstein breeds. Standing oestrus has been the primary oestrus sign during many years.
Skattetillägget och rättssäkerheten : Har Europadomstolens dom i målet Janosevic mot Sverige 2002 lett till förbättrad rättssäkerhet på skatteområdet?
In 1972 the regulations on tax surcharge were introduced. In the new system the sur-charge are imposed by the Tax Authority (skatteverket) and not the Court. Since 1995 the European Convention on Human Rights constitute law in Sweden, which means that Sweden is forced to guarantee its citizens the human rights in the Convention. Article 6 in the Convention states that everyone, in the determination of his civil rights and obligations or of any criminal charge against him, is entitled to a fair hea-ring within reasonable time. The Article also expresses the right for anyone charged with a criminal offence to be presumed innocent until proved guilty according to law (the presumtion of innocence).
Vem har makten över kulturarvet? En fallstudie av urvalskriterier vid digitalisering på Kungl. Biblioteket.
This thesis is performed as a case study, and has had the aim to study who has the power over cultural heritage, by studying the digitization selection criteria at KB and what influences there can be on the digitization selection process. The theory of the arm?s length principle, (Mangset, Kunst og makt, 2013) the professional model, (Rothstein, 2010), that digitization re-shape and re-contextualize cultural heritage material, (Dahlström et al. 2013), and different concepts will influence the digitization selection process has been used in this study. A qualitative research with document study and informant interview and e-mail interview has been conducted.
En experimentell studie av vulkaniseringstidens och vulkaniseringshastighetens påverkan av värmeväxlarpackningar
A two-factor design of experiments done on GGAB for the identification of two selected factors influence on the length of the scattering of heat exchanger gaskets. The work consists of four parts: study, choice of survey method, the performance of investigation and analysis of the results. Chosen factors on the study are considered to be the most effecting of the length distribution of seals during the production of GGAB. The study is the first of its kind both in GGAB and in the rubber industry and has an experimental nature..
The Intimate Connection Between Autonomy and Decision-Making in Applied Health Care Ethics
The intimate connection between autonomy and decision-making in applied health care, especially in various kinds of consent and refusal has taken center stage in medical ethics since the Salgo decision in 1957. Prior to that time, the physician?s supposedly moral duty to provide appropriate medical care typically surpassed the legal obligation to respect patient?s autonomy. The Salgo decision concluded that physicians have a legal duty to provide facts necessary for the patient to make an informed decision. "The doctor knows best" long ago was replaced with "The doctor proposes; the patient disposes." There is no legal obligation for the patient?s choice to be palatable to anyone, other than that patient himself/herself.
Proveniensprincipen i den verksamhetsbaserade arkivredovisningen
In this essay I seek to examine how the Principle of Provenance can be discerned in the new activity-based wayof establishing an archival description. In which terms do authors of reports and works about archival descriptionspeak about provenance. Do they at all?In order to do so I have studied the history of the Principle of Provenance and what is to be its future ? theregulation from the Swedish National Archives, RA-FS 2008:4. I have also read the referrel that was sent out toSwedish authorities, universities and other archival institutions.
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.
Erkännande och verkställighet av utländska domar : Kommer det komma en tid för full implementering av principen om ömsesidigt förtroende?
The economical and judicial cooperation that EU constitutes results in that there is an increasing amount of international disputes arising. These international disputes in turn result in questions concerning private international law. The principle of mutual trust is not only an important principle in the entire judicial cooperation but especially important in the area of private international law. The principle means that the member states have to trust each other and the different legal systems. The aim of the principle is to ensure a well functioning internal market that is permeated by free circulation and freedom of establishment.
Livförsäkringar och efterarv
In recent decades, demands has emerged that the companies shall take a greater social responsibility for the impact that they have on their environment and that this impact shall be reported, which is known as Sustainability Reporting. The Sustainability Report is based on a number of general principles that ensure the content and the quality of the Sustainability Report. One of these principles is the principle of completeness. In the research, this principle seems to have been interpreted in terms of number of reported aspects and indicators, which can be a limited view where only the existence of the aspects and indicators is observed. By including the degree of the reporting in terms of full, partial and no reporting as well as a comparison between the real and the alleged reporting, our intention is to extend the principle of completeness and to develop a tool that we also apply through an empirical survey in a particular area.
Paternalism:The Conflict Between Autonomy And Beneficence In The Case Of The Temporarily Mentally Ill Patients
The health care formulation of the principle of autonomy can be expressed as follows; ?you shall not treat a patient without the informed consent of the patient, or his or her lawfulsurrogate, except in narrowly defined emergencies?. The principle of beneficence refers to a moral obligation to act for the benefit of others. In heath care, the good or benefit in question is the restoration of the health of the patient. In fulfilling this obligation of beneficence, the physician sometimes intentionally overrides the patient?s preferences or actions for the purpose of benefiting the patient.