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784 Uppsatser om Legal certainty - Sida 35 av 53

Ethical impact on EU animal welfare policies : the example of Article 13

On December 1th 2009 the Lisbon Treaty entered into force, and through Article 13, the recognition of animals as sentient being was given a more visible part in the very core of EU law. This was an effect of a political decision to commit to the issue, partly because of the will to further harmonize the EU market, but also due to increased societal concern for the wellbeing of animals. Over the last decades, ethical awareness is growing in many countries, one reason being new scientific discovery. This influences legislators and policy makers to take proper action, and in this way, ethics and science often work together as the very basis for the development of new legislation and policies. There is yet to be seen what the actual consequences of Article 13 will be, since the legal obligation remains the same and there are still some reservations in it.

Rättsmedel för överträdelser av rätt till en rättvis rättegång i artikel 6 Europakonventionen

The purpose of this degree project was to examine which remedies are available to individuals when the State has violated their right to a fair trial as stated in article 6 in the European Convention on Human Rights. Furthermore, the aim was to, in cases where the remedy is determined to money, to clarify the indemnity rates that apply in determining the non-pecuniary damages. The starting point was a review of the European Court practice, domestic Swedish practice and relevant literature.The outcome of the review is that the remedies available to the individual?s disposal can be divided into two categories: primary and secondary remedies. Primary remedies mean compensation not consisting of money, and must be exhausted first.

Handel med utsläppsrätter inom EU - Möjlighet eller papperstiger

This study in Environmental Science examines the amendment of the EU-Directive on. Greenhouse gas emission allowance trading. The Directive is to be considered as a tool for fulfilling the obligations that the Union and its member countries have taken on through the 1997 Kyoto agreement together with the protocols proposed at that time. The flexible mechanisms of the protocol are intended as instruments for limiting the climatic changes arising from anthropogenic sources, emission allowance trading being one of these mechanisms. The results presented here consist primarily of an analysis of interviews with various experts in the field of emission control concerning the possibilities and problems attending the process of implementation.

Mervärdesskattefrihet och avdrag för ingående mervärdesskatt vid omstruktureringar : Mervärdesskattefria andels- och verksamhetsöverlåtelsers gemensamma respektive enskilda förhållande till avdragsrätt för ingående mervärdesskatt på rådgivningstjänster

The first aim of this study is to examine what the differences are between the Classic directive (directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts) and the Revised Classic directive (directive 2014/24/EU of the European Parliament and of the council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC) when it comes to social considerations in public procurement. The second aim is to examine if the revision of the directive has solved the prior existing problems regarding social considerations in public procurement. In this paper a traditional European legal method is used. The examinations show a number of things, including the Revised Classic directive involving codification of case law, references to other sources of law and some clarified rules as well as new provisions. The regulations regarding reserved contracts, technical specifications, and selection criterion are satisfied in the Revised Classic directive.

Det är mig det handlar om ? en intervjustudie om patienters upplevelse av möjlighet till delaktighet

Background: In Sweden it is a legal right for patients to have the possibility to participate in their own care. Several studies highlight the importance of a good relationship, good communication and good cooperation in order to increase a sense of security and thus the possibility of participation. One way to increase patients' ability to influence and participate can be to adapt person-centered care. This moves the focus from the patient's illness to the patient and his/her resources. Aim: The aim of this study is to describe patients' experiences of the possibility to actively participate in decisions regarding its care and treatment at surgical wards.

Det komplexa beslutet : Kvinnors emotionella upplevelser före och efter inducerad abort

Bakgrund: I Sverige har abort varit lagligt sedan 1975. Kvinnor har rätt att själva fatta abortbeslut fram till graviditetsvecka 18. Varje år görs 30 ? 40 000 aborter i Sverige. Abortupplevelsen kan vara emotionellt komplicerad för många kvinnor och varierar beroende på hur kvinnans livssituation ser ut.

Överklagande och dess roll inom bostadsbyggandet : En granskning av plan- och bygglovsprocessen

The aim of this diploma work was to obtain a review of the appeal process in Sweden under the Planning and Building Act and the possibilities of appeal in the planning and building permit process. The work was intended to identify potential problems surrounding the appeal process and possible efficiency measures. The goal was to form a report that provides a satisfactory overview of the appeal process in theory and practical application as well as provide relevant concrete proposals on how the appeal process can be streamlined.Background and facts surrounding the work were taken from different types of literature and through several interviews with representatives in government, industry and politicians.The main problems related to the appeal process are in the long processing times and the high number of appeals. There is a great interest to streamline the appeals process and the government is going to launch studies in which possible future actions will be investigated.It is possible to appeal for up to two instances before you need a so called ?leave to appeal? in order for your complaint to be passed on to the next instance.

Carnegie: En studie av tillämpningen av "verkliga värden"

A recent development in the field of accounting has been an increasing use of fair values in financial reporting. In 2005, this development was reinforced in Sweden by the adoption of the International Financial Reporting Standards. The aim of this thesis is to discuss the problems related to the use of fair values, through a case study of the Swedish investment bank Carnegie. In May 2007, Carnegie announced that the result had been overly stated by 630 MSEK, due to the valuation of derivatives within the trading department. The empirical material consists of documents produced in the legal process between Carnegie and the Swedish Financial Supervisory Authority.

Ensam i Europa? En studie om mottagande- och anpassningsprocessen för ensamkommande barn i Europa, med utgångspunkt i Italien

In the last decade the Italian authorities have tried to adapt themselves to a united European asylum system, in the European Union, through the adoption of legal reforms, intended to improve the conditions of asylum seekers in Italy. Despite these reforms, asylum seekers and refugee?s living conditions are far from covered. The aim of this study is to explore the different functions of social work in the Italian reception process regarding unaccompanied minors and their implications on the wellbeing of the unaccompanied minors. This study was conducted through several interviews with both social workers, which in some way worked with unaccompanied minors, and the unaccompanied minors themselves.

3:12-reglerna : Tillämpning av löneunderlagsregeln

The 3:12-provisions are part of a legal system specified for owners of close corporations (companies owned and managed by a small group of businesspeople), for taxation of capi-tal gains and dividend. The reason for special rules for the taxation of these owners is to prevent them from transforming their income, to only be subject of the lower taxation of capital gains, instead of income of service. Since the rules were put in force, they have been subject to several changes. The most recent changes took effect on the 1 January 2006. They involve a higher importance for the rule of salary-based taxation.

I Skatteverkets tjänst - Rättssäkert och effektivt

De grundläggande värdena för statsförvaltningen är demokrati, rättssäkerhet och effektivitet. I denna studie undersöks det hur rättssäkerhet och effektivitet förmedlas på Skatteverket, hur tjänstemännen på Skatteverket hanterar dessa krav och i vilka situationer det kan uppstå att tjänstemännen måste prioritera mellan dessa krav. I kapitlet den offentliga förvaltningen och tjänstemännen redogörs det för den teori och den tidigare forskning som använts i denna studie. Den teori som använts är Max Webers teori om byråkrati och tjänstemän. I den tidigare forskningen beskrivs det hur kraven på rättssäkerhet och effektivitet behandlas inom statsförvaltningen och det redogörs för två reformer som genomförts inom den offentliga förvaltningen de senaste årtionden.

Krav på utländska bolag som är börsnoterade i Sverige : Särskilt om Alliance Oil-affären och dess effekter på takeover-regleringen

The first aim of this study is to examine what the differences are between the Classic directive (directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts) and the Revised Classic directive (directive 2014/24/EU of the European Parliament and of the council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC) when it comes to social considerations in public procurement. The second aim is to examine if the revision of the directive has solved the prior existing problems regarding social considerations in public procurement. In this paper a traditional European legal method is used. The examinations show a number of things, including the Revised Classic directive involving codification of case law, references to other sources of law and some clarified rules as well as new provisions. The regulations regarding reserved contracts, technical specifications, and selection criterion are satisfied in the Revised Classic directive.

En studie i avtalsslutande mellan privatpersoner : Med inriktning på viljeförklaringens betydelse vid handel genom annons

As trading through advertisements increases, for example via advertisement websites such as Blocket, trading and contracting between individuals also increases. The contract law is the applicable legislation when individuals are trading between one another, because of the fact that individuals are to be considered equal against each another, and no consumer protection provisions are applicable. The contract law is not compelling, and general principles of contract law are therefore frequently applied within the legal area of contract law.Consistent declarations of intent shall have been delivered from both parties for a binding agreement to have been concluded. The declaration of intent, for example tender and acceptance are examples of a will to legally act. Other than tender and acceptance, the declaration of intent is usually difficult to establish and determine.In the event of the commencement of a negotiation stage between the parties, the declarations of intent are not deemed to be binding, but rather binding in the sense of a moral attachment for the parties.

Förändrad markanvändning vid biodrivmedelsproduktion : en empirisk undersökning av svenskproducerade biodrivmedels påverkan på åkermarkens användning

Increasing the use of biofuels is an important part of achieving the EU?s target of 10 percent renewable energy in the transport sector. However, the competition between biofuels and food production is an ongoing concern. Also, several studies have indicated a significantly higher climate impact than was earlier estimated, due to emissions from land use. In Sweden, both the use and production of biofuels from crops have increased substantially during the last decade. The purpose of this project is first to present an overview of the Swedish land use in all sectors.

Klimatsmarta Hyresgäster : Potential hos hyresgästen för minskning av energianvändning i en kontorsbyggnad på ett klimatsmart sätt

The starting point for this master thesis was the product of the company "Humlegården", which allows its tenants in office buildings to follow their electricity consumption in real time, through their Smartphone's. The idea that resulted from that application is to investigate if it is possible to direct the tenants in office buildings to reduce their energy consumptions, but also to be satisfied with the indoor environment. This work addresses the factors which are the main energy consumers in office buildings. It addresses legal requirements and standards which are important to follow in order to achieve good thermal comfort in buildings. Some of them are physical climate factors like thermal environment, air quality and lightning.

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