I den digitala världen är elektroniska signaturer motsvarigheten till traditionella namnunderskrifter. Många lagregler innehåller ett krav på egenhändig underskrift. Frågan är om elektroniska signaturer kan anses uppfylla det kravet och på så sätt godtas istället för en namnunderskrift. Om inte, måste lagändringar till för att elektroniska signaturer skall accepteras. I förarbeten och doktrin finns skilda meningar om elektroniska signaturers rättsverkan och vad som krävs för att de skall godtas.

The purposes of this thesis is study the European Court of Justice from a non legal perspective and investigate the courts possibility to advance its own preferred goals rather that of the member states in cases of non-compliance. Drawing on general principal-agent theory I construct a model from which I derive certain hypothesis mainly about under what circumstances we should expect the Court to be more sensitive to member states preferences and under what circumstances we should expect the Court to be less sensitive. These hypotheses are then tested empirically against all cases of non-compliance initiated by the European Commission against member states between 1953-2000. The results from the study are rather positive. The most important result is that when the threat of sanctions against the Court increases so does the Courts sensitiveness to member states preferences and when it decreases so does the Courts sensitiveness..

With some help of a few interviews, with children, and some staff members, in two different schools, I hope to answer the question: if the picture of the operation, that the children and the staff are having, has some similarities, and I will try to compare these pictures with what some legal documents such as Lgr 11 and Kvalitet I Fritidshem is saying about daycare opera-tions? To be able to run a successful daycare center, is never an easy thing. The key to success is to make parties, like the staff, children and their parents to feel happiness, when it comes to things around and about the daycare center. The result shows that both the children and the staff are expressing a frustration around the daycare operation, because they feel that there being wrongly answered, by a higher authority. The children are frustrated of how the staff is answering them about different things and the staff is frustrated about how the headmasters are answering them.

During year 2007 ClaraHälsan Ltd bought the company health service Solstahälsan in Karlstad. The wide merger of the two health services the problems arose around the employees? employment agreements when certain parts of the agreement differ. At a transition of a company, in this case a health service, the rights and obligations for the employees will pass on to the new employer according to directive 2001/23/EG who came in force in the swedish legal system in year 1995. The former employer is only responsible vis-à-vis the employees ?for economic obligations related to the time before the transition, the code of protection of employment 6 b §.

The new Swedish Companies Act allows Swedish companies to issue two instruments that were previously prohibited: mandatory convertibles and participating debentures. The aim of the thesis is to conduct a cross sectional study of Swedish corporate hybrid securities, especially in the light of the new Companies Act. The cross sectional study also includes areas such as credit rating, accounting and tax. The thesis concludes that it is possible, under Swedish law, to issue corporate hybrid securities that qualify for both high equity credit and tax deductible interest payments. The use of certain hybrid provisions are, however, restrained by Swedish company law.

The purpose of this thesis is to investigate the democratization process in Kurdistan on the basis of consolidation democracy with focus on arenas defined by Linz and Stepan (1997), namely economic, political, legal, civil society and arenas of state bureaucracy. Furthermore, I intend to explain Kurdistan?s road toward democratization in Kurdistan from 1991 until today, with a focus on the years 2003-2012. The main results are that Kurdistan has developed conditions that support a future consolidation of democracy. However, there are weaknesses in the economic situation, rule of law and the arena of bureaucracy.

This is a qualitative study that includes participants that are in connection with a non-civic organization in Sweden. The study aims to capture the participants? subjective experiences regarding human service organizations. The starting point is to catch both their positive and negative experiences, and then try to concretize what directed their perception in both ways. Is there any specific organization that is represented in positive and the negative column? Is it possible to explain the experience by looking at the organization and the organizational goals? Is it possible to see variables that might explain the perception?The study has a narrative focus that seeks the answers in the organisational context rather than in the stories themselves.

The purpose with this essay has been to describe and understand why youth community service became a penalty in Sweden. The political discourse in which youth community service was established has been analyzed with Laclau & Mouffe´s discourse theory. A social constructivist onset and a discourse analysis were the methodological tools of the essay. The result is two folded. Youth community service was created to strengthen the constitutional state, combined with high beliefs of the social services competence.

This paper concerns the flagging out of merchant navy vessels and its consequenses. Flaggingout is method used by ship owners in order to gain advantages. Under a different flag, thevessel's legal residence become the subject of another country´s laws. Toward the end of thefirst decade of the 20th century ferry -and passangervessels trading in the Baltic Sea wereflagged out from Åland to the flag of Sweden. Flagging out to Sweden is not common but thespecific circumstances for this trade has made the Swedish ship's register interesting for shipowners.

The ?peer to peer? (P2P) is a technology of downloading and filesharing between online - Internet - users by the mean of specified software. Since June 1999, the Napster software has made the happiness of millions of individuals who used it to obtain and share free audio files Mp3. Rapidly, the major recording companies have prosecuted the Napster Company and managed to force it to close down. They were arguing against it for it is supporting the development on a large scale traffic of files protected by copyright and thus was threatening the whole music and movies economic world.

The independent audit function plays an important role in our modern society as it strengthens the credibility of information given out by firms. A fundamental condition for the maintenance of confidence towards the audit function is the auditor?s independence. This phenomenon has been acknowledged threw several well-known audit scandals during the last decade, including the classical Enronscandal. In the repercussions of these huge auditing scandals, governments all over the world were now founding more restrictive rules and laws about audit independence.

Abstract:The purpose of this study is to examine what actually makes Russia an incomplete democracy, despite of all the formal democratic institutions and legal democratic rights.The research method used for this essay has been qualitative case study, which strives to answer two research questions: Which democratic principles are not respected in Russia? How does the executive power control the political arena? The theoretical framework used for this study consists of a model based on Dahls Polyarchy theory and the Rule of Law concept. The conclusions points out that very little have formally changed in Russia regarding democratic rights and the constitution. The democratic decline is due to political manoeuvres and undue political influence. There is no proper division of power and the executive powers are not controlled by a system of checks and balances.

People with certain types of disabilities have the legal right to ask for an individual plan. The idea is that the plan should be a tool for the disabled to get more power and influence over the planned actions that involves their lives. The aim of this thesis was to study the individual circumstances of interpersonal power and influence in the work of individual plans. The study was done with a qualitative approach, where three executing officers and three individuals were interviewed. The results show that the conditions for the individual?s influence are far more complicated than at first glance.

The purpose of the essay is to investigate how the position of women and girls in society can lead to a valid infringement of the right to privacy (art. 8 ECHR) by allowing the storage of personal data belonging to people who have not been convicted of a crime. The essay uses the traditional legal method to determine the applicable law, but is also grounded in a feminist approach in order to enable an interaction between jurisprudence and societal phenomena. The essay revolves around Directive 2016/680 and relevant case law in order to analyze the set requirements to enable an infringement of the right to privacy. In order to be able to analyze whether the requirements can be met based on the need to prevent men?s violence against women and girls, the essay will also describe the life situations of women and girls in society. The essay argues that the conditions at hand fall under art.

This paper deals with a partly new development in the Swedish law system, somewhere in the boundary between political science and jurisprudence. A new instrument -artbrott- has successively become more popular among lawyers and politicians. The new instrument -here translated to classified crimes- signifies that the perpetrator is sentenced to prison even though the seriousness of the crime committed is not in itself serious enough for such a consequence. The reason for this policy stance is to create a prevention against crime of that specific character among the public. The use of this instrument has grown considerably both concerning types of crimes as well as in application.