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92 Uppsatser om Lisbon Treaty - Sida 4 av 7

Den sociala dimensionen av EU-medborgarskapet

Since the introduction of the European citizenship in the Maastricht treaty, social rights havetaken a back seat to the economic and political elements. Nevertheless, over the past yearssocial issues have been increasingly included on the agenda following the universalrecognition of challenges resulting from further economic integration and demographicchange. The extensive research on European social policy so far tend to focus on initiativesput forward by the European Commission, and offers little to explain the multitude of lines ofreasoning on how far EU social policy should be taken or why it still remains one of the leastdeveloped policy areas. By examining plenary debates in the European Parliament concerningfamily policy, this Bachelor thesis aims to describe the complex of problems connected to afurther development of the social dimension of the European citizenship.The analysis finds that the most imminent problems impeding an expansion of the EU familypolicy lie not only in the many clashes of opinions between advocates of the various existingwelfare models, but also in the conflicts of interests and the different levels of ambitionbetween EU institutions - most notably the Commission and the European Parliament..

Kollektiv dominans - har bedömningen blivit hårdare?

Abstract One of the essential conditions of the co-operating within the EU is that homogeneous conditions of competition prevail within the entire common market. The competition policy in the EU should guarantee that the competition is not distorted in a way that would prevent or create difficulties for the free mobility of goods and services between the member countries. The policy of competition should also guarantee that no new protectionistic obstacles will be formed, regardless of if it is being done by actions taken by member countries or as a result of actions taken by companies in order to set limits to the competition. Companies putting to an abuse their dominant position on the common market, or on a substantial part of it, is irreconcilable with the idea of the common market in case it could interfere with the trading between member countries, and is thus prohibited. The purpose of this dissertation is to describe the collective dominance from the view of the commission's interpretation of the practice of article 82 in the EG - treaty.

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..

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.

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.

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- 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.

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.

Svensk yttrandefrihet i ett EU-perspektiv : - Hur svenska medborgare kan komma att få ett svagare meddelarskydd och ensamansvar ioch med EG-rättens konflikt med svensk grundlag vid grundlagsregleringen 2010

AbstractTitle: Swedish freedom of speech compared to european freedom of speechNumber of pages: 57Author: Gabriella BoodeTutor: Göran SvenssonCourse: Media and Communication Studies CPeriod: Spring 2009University: Division of Media and Communication, Department of Information Science,Uppsala UniversityPurpose/Aim: The purpose with the dissertation is to see if there has been a limitation inSwedish freedom of speech since parts of the European union laws is superiour to theSwedish constitution as freedom of the press regulations and freedom of speech constitution.A more narrow purpose is to find out how the specific Swedish rights such as individual?slegal right to publish information are influenced by the European union laws and are superiorto the freedom of the press regulations and freedom of speech constitutionThe survey will also try to find out the effectiveness with the Lisbon Strategy ?s emergencybrake and its purpose to protect the Swedish freedom of the press regulations and freedom ofspeech constitution. How big is the difference between the different member states concerningthe protection of the freedom of speech?Material/Method: The data collected for this thesis is retrieved through personal interviewswith representives from experts with in the field as Uppsala University and the SwedishGovernent.Main results: It is obvious that Sweden has the strongest protection of freedom of speechcomparing to the other EU member states. No other EU country has as detailed constitution asthe Swedish constitution TF and YGL.

Rättfärdigandebegreppets potentiella tillämpning vid direkt könsdiskriminering : en analys av den EG-rättsliga diskussionen om utökade möjligheter till rättfärdigande

Sex equality law within the European Union is well developed and has since the Rome Treaty, given rise to several directives and other judicial acts on this matter of community law. The concepts of direct and indirect discrimination emerge from the general principles of Equal pay and Equal treatment and have been codified and amended several times until present.The lasts years, authors within the field of Equality Law has been pointing out that there is a common desire for simplification of discrimination law in Europe. The question has arisen whether this simplification could be implemented trough the introduction of a general justification defence for direct sex discrimination.The concept of direct sex discrimination - when a person of one gender is treated less favourably, on the grounds of gender, than a person of the other gender would be treated in similar circumstances - leaves no possibilities for such justification today. Indirect sex discrimination ? which arises from the equal application of neutral rules that shows an adverse impact on one group ? can be justified if the rule answers to true requirements of the job.Does the proposition that direct discrimination should be justified find support in the inconsistency of the present legislation? This paper will examine this and other questions concerning the wish for a general justification defence through studies of case law from the European Court of Justice as well as differing opinions from authors within the field of equality law..

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.

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