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323 Uppsatser om Court Penalties - Sida 12 av 22
Diskriminering på grund av funktionshinder - eller frunktionshindrad på grund av diskriminering?
Abstract The 1st of January 2009 there will be a new discrimination law in Sweden. That means that the Parliament finally will interpret three EC-directives in there entirety. The new law means that the present discrimination laws will be merged to one law. The situation for disabled persons on the labour market has improved, since the discrimination law was founded in 1999. The Labour Court got some cases to judge and media has attracted attention to disabled persons rights.
En studie i brott : kvinnlig brottslighet i Askeryds Socken, Småland 1825-30
This essay focuses on crime history and gender. It is a study of female crimes in the beginning of the 19th century in a small parish (Askeryd Socken) in Småland in the south part of Sweden. The method I have used is to study the records of Municipal Court regarding the citizens of the parish of Askeryd. I have then tried to find out whether the female offenders have been treated different than the male offenders, if there is a certain kind of gender-related crimes and in those cases where comparison is possible, I have examined if the females are treated in a lighter way. (?female discount?), or if they were treated as mentally unstable.The essay shows that in this particular parish during the years 1825 to 1830, female offenders were not treated in a lighter manner.
Kalkbrottstvisten i Bunge Ducker : En ACF-analys av två kolliderande riksintressen
Abstract This thesis is based on a case study of the drawn out legal process on the question of establish a limestone quarry in Bunge Ducker in north Gotland (Sweden). The current fields are located next to areas that are protected by virtue of being EU-certified Natura 2000-areas. Despite this, the Swedish governments and courts have not agreed in witch national interest that should be prevail when decisions are made on this issue. This phenomenon are reflected in the judicial process and different court have evaluate information differently in the case. A change among governmental actors where priority is given to the importance of national interest have occur in the later part in the process.
Penumbra Suecica : Den negativa fo?reningsfriheten i Sverige mo?ter Margin of appreciation
This paper discusses if Margin of Appreciation is compatible with the idea of universal human rights. Through the case of Negative freedom of association in Sweden, it studies the phenomenon that Giorgio Agamben has called the State of exception.The questions that are discussed and answered are 1) How does the rights theories of Jack Donnelly and Ronald Dworkin relate to Margin of appreciation, and 2) How has Margin of appreciation been applied in cases concerning the negative freedom of association in Sweden, in the European court for human rights. These questions and answers are then used in the discussion on how Margin of appreciation affects the concept of universal human rights. .
Nämndemannasystemet i tiden
When Swedish authorities are to purchase or rent something, public procurement is used as a means to an end. Authorities as well as suppliers are subjects to the fact that Swedish law regarding public procurement regulates the form of procurement in one set of particular regulations (LOU) and the form of contracts in another set of general regulations (AvtL). Suppliers and purchasing authorities close a contract regarding the subject of procurement and the law of public procurement regulates when such a contract can be closed, simultaneously the law of contracts regulates when parties are held to contracts and when contracts are to be rescinded. I investigate in this essay what these two types of regulations can result in for the contracting parties. As it is today agreements that have been entered into wrongfully still are valid, even if a court of law nullifies the procurement and sentences the purchasing authority to make a new public procurement.
Bosnienkriget och ICTY : -tidens rättvisa?
When Swedish authorities are to purchase or rent something, public procurement is used as a means to an end. Authorities as well as suppliers are subjects to the fact that Swedish law regarding public procurement regulates the form of procurement in one set of particular regulations (LOU) and the form of contracts in another set of general regulations (AvtL). Suppliers and purchasing authorities close a contract regarding the subject of procurement and the law of public procurement regulates when such a contract can be closed, simultaneously the law of contracts regulates when parties are held to contracts and when contracts are to be rescinded. I investigate in this essay what these two types of regulations can result in for the contracting parties. As it is today agreements that have been entered into wrongfully still are valid, even if a court of law nullifies the procurement and sentences the purchasing authority to make a new public procurement.
Affärsmetoder, ett undantag ifrån patenterbarhet? -En komparativ studie av USA, Europa och Sverige
There is no commonly accepted definition of a business method. It ought to consist of a method or a process of doing business. Business methods constitutes a broad category of patents, it is hard to tell exactly what can be interpreted in to the term. Most of the world's legal systems have made an exception from patentability for business methods. In the USA the exception was abolished in a case 1998.
De konkurrensrättsliga sanktionsformerna
The fundamental prohibitions against anti-competitive agreements and abuse of a dominant position are set out in the EC Treaty, articles 81 and 82 respective CL 6 and 19 §. EU: s objectives can be said to promote economic and social development within the community. These objectives will be achieved, among other things, through the establishment of a common internal market. In order to achieve a common market, where companies from different nations compete on equal conditions, it is not enough to prevent the member states from distortion of competition in the market. The free competition and thereby the advantages the common market is assumed to create, can also be limited through measures taken by companies.
Man packar ihop sin väska och där står hon och har lämnat ut hela sitt liv : En studie av professionella aktörers syn på våldsutsatta kvinnors upplevelser av rättsprocessen och deras möjligheter till samhälleligt stöd
The study aims to illustrate how women victims of male violence in intimate relationships are treated during the legal process and with professional perspective describe what women?s experiences considered to be in the legal process. The study also aims to draw attention to the interventions for abused women during the legal process.The results are based on interviews with professionals in the justice system, and on observations in the courtroom. Overall our results show that abused women are in need of a great quantity of help and support before, during and after the negotiation. The legal process is very stressful for the women.
Kollektivavtalsrätten och ideologierna : Ideologies and Swedish Labour Law
Abstract The overall aim of this paper is to examine the impact of ideologies and norms on a legal system. Against a background of a description of the hierarchy of norms in Swedish labour law and in European Union law, respectively, the paper aims to specifically demonstrate the problems caused by the different hierarchies of norms when implementing EU directives in Swedish labor law. The research question examines how the trade unions? right to industrial action towards an undertaker providing transnational services by posting of workers, is affected by the implementation of the Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services. The paper answers the question under what conditions the Swedish trade unions have the right to take industrial action in situations of posting of workers. Through the study of sources of law and adhering to traditional jurisprudence, this paper investigates the legislation regarding trade unions? rights to take industrial action in situations of posting of workers. In addition to the jurisprudential research, a glance at the history of ideologies is provided.
"Sveriges mest hatade man" : En kvantitativ studie om hur en missta?nkt mo?rdare framsta?lls i Expressen och Falu Kuriren.
The meaning of this study is to see how a suspected murderer is presented in the Swedish newspapers Expressen and Falu Kuriren. We want to see how two Swedish newspapers, a local- and an evening paper, presented Anders Eklund, who killed the ten year old girl Engla Ho?glund in 2008, from the day after her disappearing and almost a month ahead.When we analysis the resolution to the study we could see that both papers presented Anders Eklund like a convicted murderer after he admitted the murder of Engla Ho?glund, even if the court had not sentenced him yet. Even when Anders Eklund was anonymous, you can through the various denominations witch were produced in the papers speculate on who the murderer is.Even that it is a case study, we can see with the previous research tends that a suspected murderer is produced in this way in Swedish newspapers. We could also see that the evening paper where more likely to present sensation and drama to the texts than the local paper did. .
I domstolens fälla? Den Liberala Intergovernmentalismen från Utstationeringsdirektivet till Lavaldomen
This thesis aim to advance the Liberal Integrovernmentalism (LIG) developed byAndrew Moravcsik in order to order to explain how the European Court of Justice (ECJ) can make de facto EU policies diverge from what was originally intended by the Member States. More specifically it describes how the Posting of Workers Directive, Directive 96/71/EC, originally was created to shield certain Member States and their respective systems of regulating the labour market from pressure arising from the posting of workers form low-wage countries inside the EU. However, through a series of cases in the ECJ the de facto policy of the directive has changed and it is now in itself a potential threat against these systems. The Member States now find themselves caught in a ?Joint-Decision Trap?, unable to rectify the situation even though their original agreement has been turned on its head.
Institutet beslag : vid brottsutredning
The purpose of this paper is to explore what objects that can be seized and how the management of a seizure should be conducted. Ability to take enforcement against an individual should be carefully weighed against the rights and freedoms that exist. Seizure is one of the various restraints that exist, and the regulation on which they appear is mainly in the Code of Judicial Procedure, Chapter 27th. To be able to apply coercive measures, it is fundamental prerequisite that a criminal investigation is initiated, but there exist some significant exceptions to this. There are also rules about who has the right to provide for the seizure, the decision can be taken by a prosecutor, an investigator, a police officer or, in special cases, the court.
Mezzanine - en efterställd fordring: En utredning av rättsliga förutsättningar vid obestånd för fordringsmezzanine
Mezzanine is a collective term for hybrid instruments on the leverage finance market, offered as an alternative to traditional debt. As a hybrid, mezzanine combines elements of debt and equity financing. Mezzanine appears, in its most common shape, as subordinated to the senior debt, but ranks higher than pure equity. Reminiscent of security interests, the main importance of subordination is upon the default of the borrower. Therefore, the aim of the thesis is partly to investigate the legal prerequisites for a solid subordination of mezzanine financing, and partly to explain the consequences of subordination in a default.
En intressant gemenskap - En analys av begreppet intressegemenskap i ränteavdragsbegränsningsreglerna
The establishment of loan-based structures within a group of associated enterprises with the purpose of lowering the group's taxes by using deductible interest payments to transfer money has become increasingly popular in Sweden during the past few years. The legislator has therefore implemented new laws which restrict the amount of interest payments that are deductible within a group of associated enterprises. As a consequence the definition of associated enterprises has become of high importance. The definition has been criticized and is perceived by many as vague and difficult to interpret. The purpose of this thesis is to examine the definition of associated enterprises in Swedish tax law with the aim of clarifying its scope and meaning.