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92 Uppsatser om Lisbon Treaty - Sida 5 av 7
Varumärkesrätten inom EU : - ensamrätten i konflikt med EG: s konkurrensregler och reglerna om fri rörlighet för varor
The single market is one of the underlying ideas of the European Union. Free movement of goods and efficient competition are central for the function of the union and are therefore carefully protected by the Treaty of Rome. Exclusive rights of trademarks in the EU can be seen as a method of dividing the common market, preventing the free movement of goods and to be anti-competitive. What comes out of this is that there is a conflict between exclusive rights of trademarks and the rules of both free movement of goods and competition. The aim of this work is to see in which kind of situations the exclusive rights of trademarks can be a part of this conflict but also to study how this problem is resolved by the European Court.
Demokratisering utifrån- En fallstudie om demokratiseringsprocessen i etniskt splittrade Bosnien Hercegovina
After the fall of communism in Yugoslavia the ethnic resentment grew stronger and escalated in to interethnic civil conflict in 1992. After international intervention the General Framework Agreement for Peace (GFAP) installed peace in 1995. The treaty's aim was not only to establish peace but also to institute democracy in Bosnia. The OSCE were given the task to implement democracy within political institutions and civil society. This in a country with a lack of democratic experience and where great problems with ethnic antagonism still exists.By using democratization and transition theory this single case-study examines how democracy is implemented in Bosnia by the OSCE and clarifies difficulties that this democratization process is facing.
Humanit?ra initiativ som grund f?r vapenkonventioner L?rdomar och insikter
In recent years, many efforts on nuclear disarmament and non-proliferations have been made by non-nuclear states and civil society. The dissatisfaction has motivated non-governmental organizations to pursue a ?humanitarian initiative? based on international conferences aimed at highlighting the humanitarian consequences of certain arms and nuclear weapons. This study examines the five key roles, according to Rapport et al. (2012), that civil society organizations have played in the establishment of arms control conventions, more specifically the Mine Ban Treaty, also called Ottawa Convention, and the Cluster Munition Convention.
Militär alliansfrihet eller inte? : En argumentationsanalys av Moderaterna respektive Socialdemokraternas syn på ett svenskt medlemskap i försvarsalliansen Nato
The purpose with this study is to investigate how the two biggest political parties, the Social Democrats and the Moderate/Conservative Party, looks at a membership in the defense alliance North Atlantic Treaty Organization. The question have the illegal annexation of Crimea affected how the parties look at a membership in Nato will be answered and analyzed. How they discuss, how they believe that a membership can affect the Swedish foreign policy will be examined in this paper. Nato is a topic that during the last century?s have divided the Swedish population into two groups: one that advocates a membership and one that fight?s against a Swedish membership in the alliance. The debate about Nato has, since the illegal annexation of the Crimea, changed and are now more relevant than ever to discuss.
Diskurser om kultur under EU-rationalisering: En historisk policyanalys.
The aim of this master?s thesis is to study the discourses on culture as developed by EU Commission. The method applied is a discoursebased historical analysis, where analysis of arguments and metaphors are functional to the enlightening of the construction of discourses within EU cultural policy. EU official documents constitute the empirical material studied. The theoretical framework of the thesis draws upon cultural public sphere theory as well instrumentalist cultural policy research.
Motivation bland v?rnpliktiga n?r v?rldsordningen f?r?ndras: En intervjustudie om hur v?rnpliktigas motivation till fortsatt yrkesmilit?rt arbete p?verkas.
This study takes its starting point in ongoing changes and differences in the global power dynamics. The liberal rules-based world order that has been acknowledged for governing the world with the US as the hegemon of power has been strongly challenged during the last decades. Russia?s invasion of Ukraine can be seen as an example of ongoing changes in the world order, with Russia as a challenger to the US as the hegemon of power. The changes and instability that this has led to for Sweden's national security situation can be seen as a concrete example of how ongoing changes in the world order affect Sweden?s foreign policy.
Margin of Appreciation : en kulturrelativistisk doktrin?
With the collapse of the Soviet Union and the 9/11 attacks, the landscape of the freedom of religion has changed. The issues now facing freedom of religion varies greatly from the issues that the drafters of the universal declaration of human rights faced after World War II.In the light of the new issues that States face in the intersection of religion and societal interest, scholars have criticized the European Court of Human Rights to give too much leeway to the States in determining how the human rights should be implemented, by using the doctrine of margin of appreciation. Critics of the margin of appreciation claim that it is based on culture relativism and that the doctrine undermines the universality of the human rights. In order to decide if the margin of appreciation has indeed led to a relativization of the human rights I compared it to the jurisprudence of the UN Human Rights Committee and its use of the Syracusa principles. My conclusion is that the jurisprudence of the European Court of Human Rights cannot be considered to be based on culture relativism.
Detnerad Demokrati : Den demokratiska freden i Irak, en möjlighet att börja om
With the collapse of the Soviet Union and the 9/11 attacks, the landscape of the freedom of religion has changed. The issues now facing freedom of religion varies greatly from the issues that the drafters of the universal declaration of human rights faced after World War II.In the light of the new issues that States face in the intersection of religion and societal interest, scholars have criticized the European Court of Human Rights to give too much leeway to the States in determining how the human rights should be implemented, by using the doctrine of margin of appreciation. Critics of the margin of appreciation claim that it is based on culture relativism and that the doctrine undermines the universality of the human rights. In order to decide if the margin of appreciation has indeed led to a relativization of the human rights I compared it to the jurisprudence of the UN Human Rights Committee and its use of the Syracusa principles. My conclusion is that the jurisprudence of the European Court of Human Rights cannot be considered to be based on culture relativism.
I det fria ordets lag : En studie i fristadsprogrammets verksamhet och funktion
With the collapse of the Soviet Union and the 9/11 attacks, the landscape of the freedom of religion has changed. The issues now facing freedom of religion varies greatly from the issues that the drafters of the universal declaration of human rights faced after World War II.In the light of the new issues that States face in the intersection of religion and societal interest, scholars have criticized the European Court of Human Rights to give too much leeway to the States in determining how the human rights should be implemented, by using the doctrine of margin of appreciation. Critics of the margin of appreciation claim that it is based on culture relativism and that the doctrine undermines the universality of the human rights. In order to decide if the margin of appreciation has indeed led to a relativization of the human rights I compared it to the jurisprudence of the UN Human Rights Committee and its use of the Syracusa principles. My conclusion is that the jurisprudence of the European Court of Human Rights cannot be considered to be based on culture relativism.
Möjlighet till flyttning av juridiska personers säte inom EU : Finns det behov av ytterligare harmonisering?
The freedom of establishment is a fundamental right on the internal market which enables companies to take up and pursue activity in other member states, ?host states?, in a non discriminatory way. In situations where a company wishes to use the right to establish in a host state, complications will be discovered since the member states are applying different principles for deciding the nationality of a company. Since the Treaty of the Function of the European Union recognize both principles, and both of the legal areas company law and European international private law lack harmonization regarding companies wishing to perform such a transaction, the situation today brings the possibility that such a company could be covered by the legal system of several member states, or maybe no legal system at all.The Court of Justice of the European Union has through case law contributed to make the scope of the freedom of establishment a little bit clearer but there are still difficulties regarding situations when a company wishes to transfer its seat to another member state with a change of nationality. Today?s measures, for example the SE-company, is not enough to satisfy the companies wishing to transfer their seat to another member state.
Fördelning av en medgäldenärs brist : Förhållandet mellan 2 § skuldebrevslagen och 9 § preskriptionslagen
AbstractValue Added Tax, VAT, is a general consumption tax that is added to almost all consumption of goods and services. Despite the extensive work of harmonization of the VAT system relating to electronic services, it can be difficulties in determining the taxable land, something that could affect the internal market in a negative way. The Swedish companyStardollABwas double taxed on certain electronic services that they provided consumers in theUK. The problems that lead to double taxation must be identified to ensure free competition and free movement within the internal market. The principle of neutrality pervades the whole of the EU VAT system which can be derived from principles of the Treaty, establishing the common market, and the introduction of the VAT Directive.
Mervärdesbeskattning av elektroniska tjänster : Är beskattningen förenlig med neutralitetsprincipen?
AbstractValue Added Tax, VAT, is a general consumption tax that is added to almost all consumption of goods and services. Despite the extensive work of harmonization of the VAT system relating to electronic services, it can be difficulties in determining the taxable land, something that could affect the internal market in a negative way. The Swedish companyStardollABwas double taxed on certain electronic services that they provided consumers in theUK. The problems that lead to double taxation must be identified to ensure free competition and free movement within the internal market. The principle of neutrality pervades the whole of the EU VAT system which can be derived from principles of the Treaty, establishing the common market, and the introduction of the VAT Directive.
Kommunala underprisöverlåtelser och återbetalningskrav med stöd av art. 88.3 EGF ? En studie av svensk process- och sanktionsrätt utifrån den gemenskapsrättsliga effektivitetsprincipen
Private state aid enforcement with respect to below market value transactions carried out by Swedish municipalities ? A study on the conformity of Swedish procedural and substantial rules with the principle of effectiveness of EC law Recently in Sweden, several local governmental entities (municipalities) have engaged in commercial transactions that, essentially, have been aimed at transferring the ownership of public services ? for example schools and local medical care centers ? to private undertakings. A few of these transactions have been declared by Swedish administrative courts to constitute illegal below market value transfers of public resources. The essay seeks to determine whether the Swedish national provisions that govern legal claims based on the directly effective Art. 88(3) of the EC Treaty, are compatible with the principle of effectiveness, i.e.
Valet om fördraget om en konstitution för Europa - En studie om hur Frankrike och Nederländerna röstade ner EU:s konstitution utan att rösta ner den
2005 was the year that all of the 25 member states in the European Union were to ratify the treaty of a constitution for Europe. The year did, however, offer a series of unexpected and slightly shocking events as both France and the Netherlands voted no to the constitution. Because of this the already planned referendums across many of the other member states were either postponed indefinately or the debates simply died down. The fact that two of the most pro-EU countries didn?t ratify the constitution was not only something that certainly raised the question of how future referendums in other, more EU-negative, states would turn out, but it could also be seen as harsh criticism against the EU as a whole.This is a theory consuming study, as it uses different theories of integration to explain the development of the EU, which in turn supports and strengthens the essay's conclusion.
Underskott vid gränsöverskridande fusioner : Utgör de svenska reglerna en inskränkning i etableringsfriheten?
This Bachelor?s thesis focuses on those terms that, from a Swedish perspective, have to be fulfilled to entitle deduction for definitive losses in a cross-border merger situation. The thesis analyses one of the ten rulings from the Swedish Supreme Administrative Court which were published in 2009.The ruling is analysed in the light of the Treaty on the Functioning of the European Union, the merger directive and the Court of Justice rulings in Marks & Spencer and Lidl. The purpose is to examine if the Swedish rules concerning cross-border mergers is compatible with the EU-law. The Swedish rules concerning mergers are found in chapter 37 in the Swedish income tax act.