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164 Uppsatser om Judicial tax treaty override - Sida 6 av 11
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.
Problem vid beslagtagande av egendom
This thesis takes its starting point in the 27 Chapter 1, section 1 of the Swedish code of judicial procedure, where the following is found:?objects reasonably presumed important to a criminal investigation or taken from a person through a criminal act or subject to criminal forfeiture may be seized?In this thesis we have investigated what kinds of problems occur when the seized object is part of an investigation of IT-related criminality. We have used methodological investigations of Swedish laws, legal usage, and the preliminary work with laws. Further have three interviews been made with different actors affected by or involved in seize of objects. These persons were a police officer, a public prosecutor, and a person whose object has been seized.The result we present is that there exist three kinds of problems related to objects that are seized within the demarcation of this study.
Definitionsproblem i sexualbrottslagen : -bristen i definieringen av begreppet vuxen
AbstractThe ideas of adulthood, adolescence and childhood in Swedish law have a tendency to not be expressed or discussed. This thesis has focused on the preparatory work of the sexual offence-law to see whether it defines adulthood. This has been achieved by analyzing the documents related to this preparatory work. The thesis focused on two central questions: 1) Was the idea of adulthood an integral part of the discussions in the preparatory work 2) If so, then how was it defined and are there any contradictions in the definition. In addition, this work also evaluated the impact of this law and investigated whether the absolute protection intended by the government and the committee of sexual crime seek actually exists.The study shows that the concept of adulthood was not defined specifically in the preparatory work.
EUROPOL -en studie av det polisiära samverkansorganet Europol och dess betydelse för polisiär integration inom Europeiska Unionen
AbstractThe purpose of this thesis is to describe and analyse Europol. The research questions are:- How would increased powers for Europol impact on the cooperation between Europol and police authorities in EU-member states?- Which one of the two theories transactionalism and neofunctionalism can best create an understanding of Europol and its integration with the police of the member states?In so doing the study applies a qualitative method.Europol is the European Police Office and it was established through the Maastricht treaty in 1992 with the purpose of making the integration between police of the EU member states more efficient. In order for Europol to make integration between the police of member states more efficient it can be suggested that it needs for Europol to develop into having executive powers.One conclusion of this study is that Europol is an important tool for integration in the EU but there are at least three issues that are influencing the level of effectiveness in the integration work between the police of the member states; possible mistrust, that Europol has no executive powers and that it is voluntary for member states to participate in assisting Europol with information. Another conclusion is that Europol can be understood through an integration perspective when transactionalism and neofunctionalism are complementing each other..
Vittnens behov av stöd
Syftet med denna studie var att undersöka om vittnen till brott mot person i Örebro län är i behov av stöd innan rättegången. Frågeställningarna som användes var: är vittnen till brott mot person i Örebro län i behov av stöd? Vilken typ av stöd vill dessa vittnen ha? Vilka möjligheter och svårigheter finns för Brottsofferjouren att komma i kontakt med vittnen som är i behov av stöd? Till studien användes en kvalitativ metod bestående av individuella intervjuer och fokusgruppsinspirerade gruppintervjuer med vittnen och vittnesstödjare. Resultatet visade att vittnena är i behov av stöd då det finns en rädsla för repressalier samt en osäkerhet för hur rättsprocessen går till. Stödet som önskas är information om vart stöd finns att få samt vad som händer i rättsprocessen.
Hotet från de kriminella MC-gängen - en normativ studie av värdekonflikten mellan den personliga integriteten och statens säkerhet
The aim of this essay is to illustrate a fundamental question; what is a democracy allowed to do to protect itself from enemies? I´ve chosen to analyze the conflict between the two values; individual integrity and state´s security. The individual integrity refers to every person's right to have a protected sphere, and the stat´s security refers to its right to protect itself, and these two positions are often time incompatible. This conflict of value is shown in a normative analysis, where depending on which perspective or normative logic is seen as primate, it gives different conclusions to what a democracy should do to defend itself.To demonstrate how severe the threats are against the society, I choose to examine a specific part of the organized crime, the outlaw motorcycle gangs. They have a special position in affecting the legal system because they have an explicit aim to influence the judicial system with scaremongering and threats.
Mekanismen för tidig varning Hinder eller hjälp i den fortsatta europeiska integrationen?
Within the political science research it is common to examine the effects on the national parliaments caused by European integration. In this Bachelor Thesis the aim is instead to show what involvement of the national parliaments in the European Union implicates to the European integration process.The object of examination is the introduction of the parliaments as supervisors of draft legislative acts, this is also known as ?the Early Warning Mechanism?, through the ratification of the Lisbon Treaty. An analysis of answers from the national parliaments in the tests of three pilot cases, conducted by the COSAC, is made with help of Institutional theory and an Europeanization perspective.The main findings show that the mechanism of early warning probably will not become an obstacle for continued European integration, but it could slow down the process in some areas. Most probably though is that the mechanism forces the national parliaments to adapt and to be better equipped to react at events taking place at the European level.
Schweiz integration på den inre marknaden. En undersökning av Schweiz övertagande av acquin.
Standing outside the EU and the EES, Switzerland is a unique state characterized by federalism, direct democracy and neutrality. Though always focused on preserving these features and its sovereignty, Switzerland has managed to gain access to some sectors of the single market through bilateral agreements with the EU. The purpose of this thesis is to examine what level of integration Switzerland has reached in those bilaterally regulated sectors of the single market. As integration cannot easily be assessed, the extent of the Swiss adoption of the acquis is seen as an indicator of the level of integration and is thus examined. The conclusion is that Switzerland, mostly due to the economic interest of common rules, but partly due to pressure from the EU, almost completely adopts the acquis in the bilaterally regulated sectors, including the interpretation of the ECJ.
Fast driftställe enligt OECD:s modellavtal i ljuset av elektronisk handel
The purpose of this thesis is to examine whether the concept of permanent establishment, as defined in Article 5 of the OECD Model Tax Convention on Income and Capital, is applicable to electronic commerce and if so whether the current definition is able to appropriately deal with the challenges of electronic commerce.In 2003, the OECD added a new section to the Commentary on the Model Tax Convention on Article 5. The new section is a clarification on the application of the permanent establishment definition in electronic commerce.The current definition of permanent establishment in the Model Tax Convention relies on the physical presence of a foreign corporation as the threshold for source taxation. While the current definition, prima facie, might be applicable on electronic commerce, the highly mobile nature of electronic commerce might affect the current revenue distribution equilibrium between states..
EMU som ett exempel på konstitutionell självbindning
This essay presents an alternative approach to the predominant democratic analysis of the European Monetary Union. As the Treaties stipulate the political conduct within Monetary Union and put certain restrictions on the European politicians they are to some extent constitutional in their character. Essential for constitutional theory is the concept of precommitment; according to which a decision is made in t1 purposing to obstruct certain actions in t2. In light of this the aim of this essay is to investigate whether or not delegating monetary responsibility to the ECB can be seen as an example of constitutional precommitment and if so, if this constitutional perspective can add something to the predominant democratic analysis of the EMU. According to the author the EMU is by and large a form of precommitment as the leading politicians in Europe figuratively have tied their hands from intervening in the common monetary policy.
En studie av den svenska människohandelslagstiftningens effektivitet
This paper aims to give a comprehensive view in which extent Swedish legislation concerning trafficking in human beings (Brottsbalken 4 kap. 1a §) is efficient. Qualitative interviews have been carried out with professionals within the judicial system in order to comprehend various aspects of efficiency relating to legislative validation of trafficking regarded human beings. Consent, coercion and control brings up miscellaneous issues. Personal observations by authorized people within the area was therefore viewed and found to be highly essential.
Lost In Translation : Betydelsen av Kultur utifrån Nationalitet, Lingvistik samt Organisation i Multinationella Team
As a result of globalization, multinational teams are being more frequently used in today´s businesses. This specific type of team can be described as heterogeneous when it comes to nationality and linguistics. The aim of this study was to explore the concept of multinational teams. This was made using culture as a main concept, and nationality, linguistics, and organizational culture in order to describe it. We intended to say something about how this type of team´s efficiency; when it comes to satisfaction and performance; was affected by national and linguistic heterogeneity within the team.
Har det svenska statsskicket Europeiserats? : Konstitutionella förändringar sedan EU-inträdet
Since Sweden became a member of the European Union (EU) several constitutional reforms has been taking place. During this time, Sweden has also changed its view on democracy,from a collective to an individual perspective of democracy in the politics. A reasonable hypothesis and the purpose of this essay is to investigate if the Swedish government has beendeveloped towards an Europeanization.The Swedish state audit changed in a pioneering way after the EU- entry, with the formation of Riksrevisionen. Another constitutional change is that the Swedish EU- membership is being instituted in the Swedish constitution. The role of Swedish courts has also changed since the EU- entry.
Organiserad brottslighet och terrorism : En komparativ diskursanalys av synen på dessa fenomen i svenska riksdagstryck
The aim of this study was to find out if the use of the concepts ?terrorism' and ?organized crime' has changed after the event on 11 September, 2001 when terrorists attacked World Trade Center and Pentagon. In this study I make use of discourse theory in a way which is inspired by the writings of Winther Jorgensen and Phillips. Knowledge acquired through this research has been primarily generated from two Swedish Government Official Reports concerning questions arising from introducing secret police surveillance. In these reports, there are many opinions from authorities whom have given their thoughts on introducing new ways of policing which are very interesting to analyze.
Integrerad Kommunikation för att stärka ett Nation Brand
The aim of this paper is to explain how the European Union?s common strategy for theCommon Foreign- and Security Policy (CFSP) will change with the implementation of the Treaty of Lisbon. A comparative case study and qualitative method is used. On the basis of Smith?s theory of institutionalization we will analyze two member states: France and Denmark.