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413 Uppsatser om Court-annexed mediation - Sida 7 av 28
Skiftande maktbalans? : - en analys av det nya EU-fördragets konsekvenser för EG-domstolen
ABSTRACTUniversity: Växjö University, school of social science, department of political scienceLevel: Bachelor?s thesis in political scienceTitle: SHIFTING BALANCE OF POWER? ? an analyze of the new EU-treaty?s consequences for the EC-court.Academic adviser: Associate professor Stefan HöjelidAuthor: Magnus NordahlThis study focuses on the increased role of the European Court of Justice through the establishment of a Constitution for Europe and its impact on the balance of power, both horizontal and vertical.To do this, the study takes its aims from the research problem, formulated as follows:Does the establishment of a constitution for Europe contribute to an increased role for the European Court of Justice and does it create a more legible horizontal and vertical division of power?To reach the relevant analyses and conclusions two precise questions are presented as well as an analytical model. The precise questions are:? Which are the relevant contributions for the balance of power from a perspective of juridification in the new EU-treaty?? What impacts do those contributions have on the so called ?European federalism??The theoretical perspective of this study is rooted in the concept of federalism with special emphasizes on constitution and sovereignty as well as a part about the process of juridification. Along with the presented analytical model consisting of a horizontal and vertical division of power, the empirical material is presented with focus on the new EU-treaty about a constitution for Europe and the European Court of Justice.
Fri rörlighet av varor : Art 34 FEUF och åtgärder med motsvarande verkan - "från Dassonville till Trailers målet"
The characteristics of free movement is the elimination of obstacles to trade between Member States and thus by such, create free movement within the entire union. Therefore art 34 in the Treaty of Lisabon (FEUF) states that all quantative restrictions on imports and measures of equivalent effect are prohibited. The legal approach to measures having equivalent effect is still unclear and the purpose of this paper is therefore to propose a solution to that particular problem. What can be said when it comes to this rule is that the EU-Court has gone from applying a discrimination test to a market access doctrine.According to the Court´s case law, measures having equivalent effects to quantative restrictions are ?All trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-community trade?. The question of how to apply the test when it comes to a potential hinder to intra-community trade is still unclear.
Besittning av och rådighet över medel innestående på konto
The possession over bills and coins has, on the whole, been replaced with a credit balance on an account. Almost all payments today are processed by transmitting digital data and not by using cash. The credit balance on an account is a demand that the holder ofthe account have towards his bank. Law regarding three part relationships: By using Göranson?s theory you can say that the credit balance on an account may be object of possession.
Hyllningsmusik till Karl XI : En studie kring 18 tillfälleskompositioner
This paper is a study of 18 extant pieces of panegyrical music for the Swedish king Karl XI (1655?1697). The compositions are preserved in two forms. There are a few contemporary prints, but the largest amount of music is preserved as manuscripts in the Dübencollection (Uppsala University Library). The paper focuses on four different aspects of the production of these 18 compositions.
Vägen bort : En textanalytisk studie av rättsdomar
The intention with the study is to describe the home and life conditions for boys at the age range between 13 to 18 year, who has been under custody according to the § 2 LVU.The empiric is 21 real court cases, judged in Stockholm and to Stockholm counted surround-ings 2006, in which the range of the boys were representative.A text analyze method is used to execute the study. The study penetrates the life situation of the caregiver and how their situation affects the boy and the boys actions.The total conclusion of the study, based on an ecological evolution perspective, is that life-situation of the caregiver affects the boys and the boys actions.The boys are affected negatively by the situation of their caregivers, and according to the study, the boys have established own problems, like difficulties in school, criminality, or other psychological diagnoses. They are also often exposed to physical or psychological violence by the caregiver. Additionally the conclusion is that the caregiver neglect the boys in many other ways, prior themselves and their needs before the boys..
Banden mellan historia och arkiv
Freedom of religion or belief is indisputable in Human rights discourse, more discussed is exactly what it is that is included in the concept of freedom of religion or belief (in Swedish: religionsfrihet). This thesis focuses on the freedom of religion or belief in a European context, in particular on the European court of human rights and article 9 in the European convention for human rights. Some criticism has been directed against the Court to the effect that its practice and verdicts don't answer to the pronounced desire to develop a pluralistic and inclusive form of freedom of religion or belief.My aim is to examine, analyse and test three different theories, which all try to develop alternatives to the expression freedom of religion or belief, in relation to six verdicts from article 9 in Europe convention. My basic purpose is to try to find new ways of talking about freedom of religion or belief that might lead to a more inclusive, pluralistic and equal interpretation of that concept.The three theories wich I use are elaborated by Richard Amesbury (associate professor at Claremont school of Theology); Hugo Strandberg (TD at Åbo Akademi) and Eberhard Herrmann (professor in philosophy of religion at Uppsala University); and Martha Nussbaum (professor of law and ethics at the University of Chicago). The six cases from the European court are: X v.
Folkbibliotekens förmedling av Internetresurser: En undersökning av två mångkulturella länksamlingar.
The purpose of this Masters thesis is to investigate the role of link collections in Swedish public libraries mediation of Internet resources. The study is focusing on the effects on the contents and the structure in the link collections when the target group is immigrant users. This is done through literature studies completed with an examination of two link collections containing multi-cultural and multi-lingual material and qualitative interviews with the two librarians who are in charge of the collections. The major questions raised in this study are: What function do the link collections have for the public libraries? What is the difference in working with traditional, printed material compared to the work with Internet resources? And how are the selection of Internet resources and the structure of the link collections affected when the collection is intended for immigrant users? The main results are that link collections in public libraries can give a concrete form to political guidelines.
Markavvattningsföretagens geografi och konsekvenser i Trosaåns avrinningsområde
Agricultural drainage is widely used to manage the amount of water in the ground in order to improve conditions for cultivation. However the effects of drainage companies on water regimes are considerable leading to runoff changes such as altered stream flows, peak flows and water levels. In a greater extent this could imply an increased risk for floods along affected watercourses. This study analyzes the extension of agricultural drainage within the drainage basin of Trosaån in Sweden by ArcGIS mapping. In a statistical analysis, historical variation in streamflow in relation to mean precipitation and mean temperature are investigated for the study area.
Pantsättning och överlåtelse av bostadsrätt : En utredning kring brister, problem och lösningar
One fundamental principle in Swedish contract law is that passive acceptance does not constitute a binding acceptance of an offer. Still, business owners use the consumers unknowing of this, and form offers saying passivity will lead to a binding agreement. Business owners are thus trying to ?negatively bind? the consumer to agreements. There are rules prohibiting this kind of actions in the Swedish marketing law (MFL).In order to find out what constitutes this forbidden kind of agreement-entering according to the Swedish Market Court, an analysis of seven cases settled between 2002-2009 and concerning consumers in these situations, is made.
BARNETS BERÄTTELSE I RÄTTSPROCESSEN : berättelsens struktur och värdering
Children who are exposed to crime are a delicate issue. The purpose of this study was to describe and analyze children's narratives in the juridical process. Our primary questions focused on how adults could help children to express their experiences and what kind of elements imposed the narrative. How is the narrative structured? How does the court evaluate children's testimonies? What increases the credibility of a child's testimony? Our theoretical standpoints are derived from: the narrative perspective, theory of communication, and theory of evaluation.
Val och byte av företagsform : En studie gällande skatternas roll vid val av företagsform samt de skattemässiga konsekvenserna vid ombildning av företag
In today?s society it is not uncommon for people to move across borders. We are more likely to work and study in other countries, initiate cross-border relationships, acquire property in other states and change our residence. Therefore it is not uncommon for a per-son to leave inheritance in several states. The laws of succession differ between countries which creates an uncertainty among the devisors when planning their successions.
Negativ avtalsbindning : i svensk marknadsrättslig praxis
One fundamental principle in Swedish contract law is that passive acceptance does not constitute a binding acceptance of an offer. Still, business owners use the consumers unknowing of this, and form offers saying passivity will lead to a binding agreement. Business owners are thus trying to ?negatively bind? the consumer to agreements. There are rules prohibiting this kind of actions in the Swedish marketing law (MFL).In order to find out what constitutes this forbidden kind of agreement-entering according to the Swedish Market Court, an analysis of seven cases settled between 2002-2009 and concerning consumers in these situations, is made.
Medlingsinstitutets roll och funktion. : En studie gällande medling i arbetstvister.
Medlingsinstitutets roll och funktionSyftet med uppsatsen är att undersöka vad medlingsinstitutet har för roll i arbetstvister. Vad är medlingsinstitutets befogenheter i tvister och vad har institutet för medel att lösa den uppkomna tvisten. Utifrån institutets befogenheter blir syftet att ta reda på vad arbetsgivare/organisationer har för skyldigheter i en uppkommen tvist gentemot medlingsinstitutet.Syftet med uppsatsen är också att undersöka vad medlingsinstitutet gör för att uppnå en mer jämställd lönebildning mellan könen. För att få en internationell utblick i uppsatsen blir syftet att titta närmare på grannlandet Norge. Finns något liknande institut där och vad skiljer i så fall instituten åt.Resultatet av min undersökning blev att institutet har en rad befogenheter både under en tvist, men även innan en tvist brutit ut. Skyldigheterna för arbetsgivaren/organisationen är inte lika många, men hänger ihop med institutets befogenheter.Att institutet jobbar för en mer jämställd löneutveckling blev ett mer överraskande resultat för mig.
Röster som inte hörs : En juridisk studie om hur barnperspektivet redovisas i LVU-domar
The child perspective is a complex area primarily because of its many ways of interpretation but also because children are considered to be less competent than adults. Our hypothesis was that adults in court-proceedings make decisions in the child?s place. The aim of this study was to investigate the judicial meaning of the child perspective in ?Socialtjänstlagen? (SoL) and ?lag om särskilda bestämmelser om vård av unga? (LVU).
Seldonplanen : En studie av determinism och upplysningsidéer i Isaac Asimovs Stiftelse-trilogi
Freedom of religion or belief is indisputable in Human rights discourse, more discussed is exactly what it is that is included in the concept of freedom of religion or belief (in Swedish: religionsfrihet). This thesis focuses on the freedom of religion or belief in a European context, in particular on the European court of human rights and article 9 in the European convention for human rights. Some criticism has been directed against the Court to the effect that its practice and verdicts don't answer to the pronounced desire to develop a pluralistic and inclusive form of freedom of religion or belief.My aim is to examine, analyse and test three different theories, which all try to develop alternatives to the expression freedom of religion or belief, in relation to six verdicts from article 9 in Europe convention. My basic purpose is to try to find new ways of talking about freedom of religion or belief that might lead to a more inclusive, pluralistic and equal interpretation of that concept.The three theories wich I use are elaborated by Richard Amesbury (associate professor at Claremont school of Theology); Hugo Strandberg (TD at Åbo Akademi) and Eberhard Herrmann (professor in philosophy of religion at Uppsala University); and Martha Nussbaum (professor of law and ethics at the University of Chicago). The six cases from the European court are: X v.