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92 Uppsatser om Tax treaty override - Sida 4 av 7

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.

Lost In Translation : Betydelsen av Kultur utifrån Nationalitet, Lingvistik samt Organisation i Multinationella Team

As a result of globalization, multinational teams are being more frequently used in today´s businesses. This specific type of team can be described as heterogeneous when it comes to nationality and linguistics. The aim of this study was to explore the concept of multinational teams. This was made using culture as a main concept, and nationality, linguistics, and organizational culture in order to describe it. We intended to say something about how this type of team´s efficiency; when it comes to satisfaction and performance; was affected by national and linguistic heterogeneity within the team.

Integrerad Kommunikation för att stärka ett Nation Brand

The aim of this paper is to explain how the European Union?s common strategy for theCommon Foreign- and Security Policy (CFSP) will change with the implementation of the Treaty of Lisbon. A comparative case study and qualitative method is used. On the basis of Smith?s theory of institutionalization we will analyze two member states: France and Denmark.

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- 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.

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.

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.

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.

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