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164 Uppsatser om Judicial tax treaty override - Sida 7 av 11
Mellan tvång & frivillighet : Förebyggande insatser i LVU
The purpose of this paper is to determine the established law and make researches into non-institutional compulsory care (?mellantvång?) paragraph 22 The Care of Young Persons (Special Provisions) Act (from now on called LVU) and examine whether the administration of the law is in harmony with the best interests of the child.This paper combines two methods : traditional judicial method and a social science method. In the juridical part the sources of law have been studied and in the social sciences part semi-structured interviews have been conducted with five respondents. The theoretical framework consists of ideas and theories about the best interests of the child, a concept which is one of the UN Convention on the Rights of the Child's core principles.This study shows that the legislator has identified a problem and an existing need and found a solution to this by introducing a non-institutional compulsory care, paragraph 22 LVU. The problem is that Social Services do not make use of the restraint.
Derivativ talan och Corporate Governance. En komparativ studie ur ett rättsekonomiskt perspektiv
The world is getting smaller. Global markets, political processes and communication technology bring people together. Even though many of these processes are dynamic and constructive, they have also resulted in a need for better and more effective ways of international conflict resolution. This thesis investigates central issues connected to the concept of humanitarian interventions in relation to current and future legislation of the European Union. The overall question is whether the rapid globalization process has resulted in a change of international law towards more liberal view where authorization of the security council is not always needed? And, if there has actually been such a liberalization, how does that affect the legal possibilities for the European Union to carry out armed operations without the consent of the global community?The conclusion of the thesis is that international law has been modified mainly in two aspects: First, the concept of sovereignty is no longer seen merely as a right of the nation, but also as a responsibility.
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..
Skyddet av geografiska ursprungsbeteckningar : en immaterialrättslig figur sui generis
Geographical indications designate products which have a specific geographical origin, which can either be national, regional or local. The subject is complicated since geographical indications arises a large number of questions There are EC regulations which regulate the protection of geographical indications, but since the field has not yet been exhaustively harmonized, the existence of national rules of protection is therefore still possible, which can lead to trade barriers between the member states. Consequently, one problem consists in whether it may be legitimate to restrict the free movement of goods by article 28 in the EC Treaty by referring to national rules of protection and to what extent such measures may be justified by article 30 or by the Cassis doctrine. An additional question consists in how the line between geographical indications and generic terms is to be established appropriately. Further, geographical indications are exposed to improper use by other dishonest commercial operators and therefore the possibilities of protection against unfair competition and misleading are also discussed in the thesis.
EU- En Liberal Flyktingjagare? : En jämförande studie i hanterandet av inre och yttre flyktingar i Europa
The European Union has faced lots of criticisms over the last couple of years when it comes to how refugees are treated in Europe. The Lisbon Treaty states in Article 2 that the European Union is founded on respect for human freedom, dignity and equality. Values such as democracy, rule of law, respect for human rights and that the rights of persons belonging to minorities should be respected are also something that the Union should be based on. How is it then that the Roma people, which are Europe's largest minority, are being persecuted all over Europe, that they get deported and have their camps destroyed? Why are refugees from North Africa being sent back before they even have a chance to seek asylum? In this essay I have examined how the EU are treating refugees and tried to distinguish if there are any differences in how they treat internal and external refugees.
EU- medborgarskap Utifrån ett individ- och arbetstagarperspektiv
The EU- citizenship was established in the Maastricht Treaty in 1993. This citizenship involves rights to free movement, election rights to the European Parliament, diplomatic protection and the right to petition to the Ombudsman. In my analysis I discuss the implications of the EU- citizenship for the individual. The development and legal status of the union citizenship is examined in order to give a general understanding of the implications. In addition, I conduct a case study concerning the EU- citizenship's impact on workers rights.
EU som global aktör : En fallstudie av klimatförhandlingarna i Köpenhamn
This essay examines the European Union?s (EU) ability to play a leading role as a global actor on the world stage in international relations. Specifically, this essay studies the EU?s role of negotiator in the UN Climate Change Conference in Copenhagen in December 2009. This essay also analyzes explanations for this role. Research is based on case studies, with conclusions drawn using an inductive approach.
Humanitära interventioner. Europeiskt handlingsutrymme i förhållande till ett modernt interventionsbegrepp
The world is getting smaller. Global markets, political processes and communication technology bring people together. Even though many of these processes are dynamic and constructive, they have also resulted in a need for better and more effective ways of international conflict resolution.
This thesis investigates central issues connected to the concept of humanitarian interventions in relation to current and future legislation of the European Union. The overall question is whether the rapid globalization process has resulted in a change of international law towards more liberal view where authorization of the security council is not always needed? And, if there has actually been such a liberalization, how does that affect the legal possibilities for the European Union to carry out armed operations without the consent of the global community?
The conclusion of the thesis is that international law has been modified mainly in two aspects: First, the concept of sovereignty is no longer seen merely as a right of the nation, but also as a responsibility.
Human Resource Management : En korrelationsstudie om upplevt organisationsstöd och psykologiska kontrakt.
The relationship between employer and employee is, from a judicial point of view, governed primarily by economic and employment contracts. However, a significant part of the dynamic is also dictated by tacit expectations and promises (so called psychological contracts). The aim of this study was to investigate the relationship between perceived organizational support (POS) and psychological contract violation. Primary hypothesis assumed that there was a correlation between higher perceived organizational support and a reduction of feelings of violation from psychological contract breach. It was also assumed that employment time, sex and past breach experiences correlated with feelings of violation.
Underprissättningens identifieringsteorier - EG:s konkurrensrättsliga mångtydighet
Predatory pricing is one of the most frequently discussed topics in competition law and should be considered both from a legal and economic perspective. The concept of predatory pricing can bedescribed as a situation where a company is pricing at a level that, according to the assessment theories, is unreasonably low. The problems with this type of conduct arises when the low prices hinder competition. A company which uses predatory pricing will likely deter rivals entry to the market or drive the existing ones out of it. In the long run, the effects on competition will likely be higher prices which will hurt customers and consumers as well as competition.
Poker eller patiens? Multilaterala förhandlingar i Europaparlamentet; en explorativ studie av förhandlingskulturen i Europas folkvalda parlament.
Since the Maastricht Treaty the European Parliament has gained competence in the decision-making process and the Parliament is today one of two decision-making institution, next to the Ministers of Council. In this study the main focus has been to shed light over the negotiation culture within the European Parliament, which up till now has been a neglected research area. This is of great significance because the internal negotiations in the European Parliament decide the external negotiation position with the other institutions.After face-to-face interviews with MEP:s and assistants I have been able to identify certain characteristics to create an understanding of the negotiation culture in Europe's elected Parliament. The negotiations are oriented towards a problems-solving approach and the prevailing apprehension is consensus-based negotiations instead of the existence of political blocks. The committees are stronger than the European party groups, which further encourage negotiation.
INTERSEKTIONALITET I EU:S J?MST?LLDHETSSTRATEGIER En inneh?llsanalys av EU:s j?mst?lldhetsstrategier mellan 2010?2025
The European Union (EU) has since the Treaty of Rome 1957 pursued the goal of gender equality and one effort is through their gender equality strategies. In recent years EU also has had an increased emphasis on intersectionality. The aim of this bachelor thesis is to examine how intersectionality is portrayed in EUs three gender equality strategies between 2010 and 2025. To investigate this, the problems and solutions presented in the strategies have been reviewed. The study uses a qualitative content analysis and a theoretical framework of intersectionality with an analytical scheme to study the equality strategies.
Den Normaliserande Alliansen : Två programverksamheter för unga lagöverträdare
The papers purpose is to examine how the Botkyrka and Huddinge municipalities implement their juvenile law offenders' programs. The paper briefly and concisely outlines the history of juvenile offenders and the social services programs dealing with them. We focus on how two municipalities?, Huddinge and Botkyrka, implement these programs. The municipalities belong to the same judicial district,?Södertörns tingsrätt?.
Smutsiga politiker vid makten - en studie av medborgares förtroende för korrumperade politiker
Researchers in the field of political corruption generally expect voters in democratic states to lose trust in corrupted politicians. However, there are cases where corrupted politicians maintain their popularity, a phenomenon studied in this thesis. Focus lies on three cases of political corruption: the Italian Prime Minister Silvio Berlusconi who has been the subject of several judicial investigations and court cases; the impeached former president of Lithuania, Rolandas Paksas; and the German Christian Democratic Union's (CDU) involvement in a party funding scandal. The cases are chosen based on the method of agreement. Berlusconi, Paksas and CDU have all, in spite of their corrupt behaviour, kept or regained popular support among a large group of their country's citizens.
Krav på exportlicens vid gränsöverskridande transporter av farligt avfall inom EU
The purpose of this essay is to draw attention to the obstacles that affects the internal trade of waste within the EU. The essay doesn?t in any way encourage pollution or illegal handling of waste but unfortunately there are large profits to be made from illegal destruction and recycling of waste and especially hazardous wastes. Therefore the dependable companies handling waste must access a market with fast and flexible (but predictable) regulations as well as lower transaction costs to help make the environment better and encourage a strive for increased recycling. There are examples where some waste only can be sent to a land-fill within the country but could be recycled in other EU-countries.