Sök:

Sökresultat:

3968 Uppsatser om European court of human rights - Sida 9 av 265

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.

?Hon gör sitt bästa efter sin förmåga? : en juridisk studie av LVU-domar med barn tillföräldrar med utvecklingsstörning

The purpose of this paper is to investigate on what basis a child is committed into care according to the law and to see on which grounds the decision about committed child care in law practice are taken when a child is committed to care due to parents who are mentally retarded. To better understand the juridical grounds for these decisions I will also in a short background describe the meaning of the term mentally retarded, how mental retardation and parenthood has changed over time and how different opinions are expressed in the law. Both people with mental retardation and children have in recent years gained their rights and sometimes these rights end up in conflict with one another. In those cases, what is in the best interest of the child, should be decisive. The children who have mentally retarded parents are at risk to not have their physical, psychological, emotional, social and intellectual needs met and are therefore being unfavourable developed.

Statens rätt i konkurs : Lika rätt för borgenärerna?

This essay is questioning if the state as an unsecured creditor in a bankruptcy proceeding, according to the principle of equal treatment, has the same rights as the other unsecured creditors. The principle of equal treatment means that creditors with unsecured claims are supposed to have mutually equal rights to dividends in a bankruptcy. In the Swedish bankruptcy law from 1987 there are recycling rules which means that some legal actions taken by the bankrupt debtor before the bankruptcy can be recycled to the bankruptcy estate. These rules do not apply on taxes. This essay analyzes whether the state should have this advantage or not.

Den svävande identiteten : En kvalitativ studie av identitetskonstruktionen i samband med debatten om det polska och turkiska medlemskapet i Europeiska unionen

This thesis aims to analyze the similarities and differences in how identity is constructed by the European Commission, the Council of Ministers and the European Parliament regarding the Polish membership and the potential Turkish membership of the European Union. The construction of identity is analyzed through a social constructivist perspective where identity is constructed by distinguishing ?us? from ?them?. The research metod used is a qualitative text analysis. The arguments of identity are taken from the Commission?s and the Council?s documents, as well as from the debates of the European Parliament.

Just war teorin och de nya krigen -en möjlig kombination?

In the political world of today the discussion of Just wars are very present, since the international law and the UN Charter provides certain rules about when it is justified to go to war (jus ad bellum) and how a justified war should be conducted (jus im bello). The discussion about jus ad bellum and jus im bello derives from the theory of Just war. Both in international law and the Just war theory, focus is on interstate wars were the actors are two sovereign states. Since the end of the Cold War there has however been a change in the way wars are conducted. From interstate to intrastate warfare, where the government in most cases no longer has the monopoly over the warfare.According to these facts, my conclusion is that the Just war theory has to expand and incorporate a focus on the human rights in order to be able to meet the new standards of the new wars.

Äganderätten eller allemansrätten : En studie av hur små och medelstora markägare i mellersta Sverige skyddas av rättssystemet vid markpåverkan orsakad av tredja man

The aim of this master?s thesis in administrative law has been to study the property owners' legal rights when a third party impacts on the property. The essay is based on several case studies of landowners in central Sweden which has the purpose of forming a background to the legal studies of this field. The framework for current studies builds therefore on landowners' experiences of impairment and damages on their property and has been added to highlight a current problem that exists in central Sweden. The purpose of the study is therefore to see whether a protection in law is imposed on landowners with such problems as the land ownership study shows.

Vart är EU:s asyl- och invandringspolitik på väg? : EN idealtypsanalys av EU-ländernas gemensamma asyl- och invandringspolitik

This essay is about the asylum and immigration politics within the EU. Due to the heavy criticism the EU has been exposed to from among others different kind of human rights organizations I have become interested to find out what kind of asylum and migration politics right now is being formed by the member states of the union. Thus the purpose is also to see if the EU is creating a policy within this area that intends to live up to the human rights obligations.My overall research question is:Which ideas characterize the asylum and immigration politics within the EU?The theoretical perspectives of universalism and particularism are used as two analytical tools in order to understand the phenomenon I am investigating and to identify its characterizing ideas. In my essay universalism and particularism are used as opposite ideal types.

Upphovsrättens balans: en idéanalys av bibliotekssfärens remissvar på Ds 2003:35.

The aim of the study is to examine ideas surrounding copyright law and related rights appearing in the referral statements that the participants of the library sphere gave to the department writ Ds 2003:35. These ideas reflect the positions the library sphere take regarding issues surrounding the copyright law and related rights. The department writ was preceded by a directive from the European Union; Directive 2001/29/EC of the European parliament and of the council of 22 may 2001 on the harmonization of certain aspects of copyright and related rights in the information society. The writ Ds 2003:35 was later followed by a proposition from the government which was co-herent with the preceding writ. The empirical material has been analyzed with a starting point in the polarizations, artist/audience, private/public and original/copy, presented in PhD Martin Fredriksson?s book Skapandets rätt.

Informationsutbytesavtal med USA : Är FATCA förenligt med svensk rätt och EU-rätt?

AbstractMany of the refugees around the world today are children. Some of these children are travelling alone without anyone looking after them. These children flee from their countries to save their lives and as they are children they need special care and protection. This thesis has investigated the protection given to unaccompanied children during the asylum process in the two key instruments in the area: the Convention of the Rights of the Child and the Convention Relating to the Status of Refugees. The Refugee Convention does not contain any procedural rights and does not specifically acknowledge children, even though they are included in the scope of the Convention.

Protection of Regional Values - A comparative study of EU and ASEAN

Regionalisation has become an increasingly important phenomenon in a globalized world. As models of regional integration, the European Union (EU) and the Association of Southeast Asian Nations (ASEAN) are two prominent examples. This thesis seeks to explore through a comparative analysis, the different mechanisms and institutions for handling breaches against fundamental values within the two regional organizations. Inter-linked with the issue of the legal-institutional framework is that of what values the mechanisms are designed to protect. The method used for the analysis is first and foremost that of public international and European law, but the thesis also attempts to give a broader picture of the issues presented.

Europeiska Unionen- en demokrati? : En studie om demokratins utbredning och utveckling inom EU:s institutioner.

The purpose of this thesis is to study the level of democracy within the European Union (EU). To do so the following issues were examined: How the EU works and the efforts it has made to improve levels of democracy; and the degree to which the EU fulfils the criteria set by Robert Dahl in his theory of polyarchy.The study is based on a qualitative text analysis. The focus of the analysis is documents released by the EU that can be connected to democracy, and human and fundamental rights. The theory of polyarchy proposed by Robert Dahl and Joseph Schumpeter?s theory of democracy are the principal theories applied.

`Hard eller soft power´ - när det gäller att främja demokrati och mänskliga rättigheter?

The thesis investigates how two of the world?s most powerful international actors, the US and the EU want to promote democracy and human rights. The aim is to compare how the US and the EU work in order to support a democratic development in the world. In order to fulfill the purpose of the thesis a qualitative text analysis was used. Since the aim is to compare the US and the EU I believe this method is beneficial.

Stress i arbetslivet - organisationsstrukturers påverkan på anställdas upplevda stress

The right to freedom of conscience is protected by international conventions and declarations of human rights that have been ratified by Sweden. Nationally, the issue of health professionals? right to freedom of conscience in the abortion care is not resolved by public inquiry. This has led to that Sweden has been notified to the European Committee of Social Rights on the grounds that the country is considered to be violating the Council of  Europe Resolution 1763 and that the proper question to be determined by regulations of the interests that are balanced, based on their legal value in relation to each other. Freedoms, rights and obligations conflict with each other.

Hur kön konstrueras i tillämpningen av 3 § LVU i Förvaltningsrätten

The purpose of this paper is to examine how gender is created in the Administrative Court´s application of care of Young Persons (Special Provisions) Act. The theoretical starting point is the gender perspective. My empirical work consists of 27 court cases from 2010 and 2011. These are investigated for common themes by a qualitative content analysis. The result and analysis consist of four court cases representing one theme each.

Skönhetsvård : -En tjänst som hamnar utanför konsumenttjänstlagen ?

AbstractThis essay is about what rights that a consumer has, after it?s been to a beauty-shop getting a treatment somewhere on her body. We were interested to see what kind of regulations that could be useful if a problem occurred after or during treatment. There are several risks with these treatments.The last decade these kinds of treatments have increased, due to people being vain and so aware about there looks. We started to investigate what type of rights the consumer generally has when it?s about a service.

<- Föregående sida 9 Nästa sida ->