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1544 Uppsatser om The European Court of Justice - Sida 5 av 103
Forumkonkurrens. Prövning av folkmord inför ICJ och ICTY
The conflict in the former Yugoslavia was characterised by extensive war crimes committed by all parties in the conflict. Two international courts, The International Court of Justice and the International Criminal Tribunal for the Former Yugoslavia, have both judged if a genocide was committed in this conflict. This paper examines how these two courts relates to each other concerning their legal judgement of the crime of genocide. Two cases are analysed; the judgement of Radislav Krstic´ at the ICTY and the case Bosnia and Hercegovina v. Serbia and Montenegro at the ICJ.
Svenska skattetilläggets förhållande till Europakonventionens artikel 6 - är den nya lagregeln (2003 : 211) tillräcklig?
Det har länge debatterats huruvida de svenska skattetilläggsreglerna är förenliga med de krav som Europakonventionen ställer upp i artikel 6. Efter att Sverige blev fällda av Europadomstolen i fallen Janosevic mot Sverige och Västberga Taxi AB & Vulic mot Sverige har regeringen gjort justeringar i skattebetalningslagen och taxeringslagen, med syfte att göra den svenska lagstiftningen förenlig med Europakonventionens krav. Syftet med vår uppsats har varit att undersöka om den nya lagregleringen är förenlig med Europakonventionens artikel 6 eller om Sverige riskerar att fällas ytterligare fler gånger av Europadomstolen rörande det svenska skattetillägget. Vi har använt oss av en rättsdogmatisk metod som innebär att vi har använt oss av lagstiftning, förarbeten, praxis och befintlig doktrin för att undersöka vårt syfte på bästa möjliga sätt. Vi undersökte den framförda kritiken mot den nya lagregleringen samt de punkter där Sverige blev fällda av Europadomstolen.
ETT DELAT LAND, ETT DELAT F?RTROENDE En teoripr?vande analys av allm?nhetens f?rtroende f?r h?gsta domstolen i ett polariserat USA
America finds itself divided in the midst of strict abortion laws and a contentious presidential
election. This era of polarization, raises the question of whether such a great division has
permeated through to the U.S Supreme Court. This paper uses two dominant theories of
legitimacy; traditional and ideological, respectively, to analyze and compare this issue. The
theories are compared empirically by investigating the level of public trust across opposing
political affiliations. Unlike most previous research, the results suggest that variation in trust
aligns with the ideological distance to the Court between democratic and republican voters.
Trust is also found to be dependent on whether the electorate agrees with the decisions of the
court or not.
Tankar om demokrati, effektivitet och legitimitet -En idéanalys av debatten om EU:s framtid i två länder
In recent years the concern about the future of the European Union and itssupposed lack of democracy, efficiency and legitimacy has increased. Thisconcern has resulted in extensive debates and the establishment of a conventionwith the task to create a draft treaty for a European Constitution.The aim of this essay is to study how the three theoretical concepts,democracy, efficiency and legitimacy, have been described and used in the debateabout the future of the European Union. My main interest is to see how theseconcepts are described in a debate regarding a political system that goes beyondthe borders of the nation-state. I have made a comparative textual analysis of thedebates taken place in Sweden and Spain during a period of over two years. Ihave, for instance, found out that openness and clearness have a prominentposition as democratic values together with equality and justice (in Spain) and theinstitution of accountability (in Sweden).
"En ryggradslös lag" : Om LSS-besvär hos länsrätten rörande personkrets tre
AbstractThe purpose of this study were to examine the appeal that reaches the county administrative court regarding cases within The law of support and service to some disabled (LSS) the third "alternative" with the effort personal assistant. We have gathered 280 cases from seven different county administrative court and from our selection 19 of the cases remained.These 19 cases became our starting point for our study and they have been interpreted through Foucault´s and Skau´s interpretation frame regarding power and Payne´s social constructivism to try and answer our three questions at issue: How are the cases being handled by the county administrative court? What kind of cases leads to appeal? What similarity and differences are there between the cases? These questions have been answered one by one in a systematical order. Our result shows, among other things, that cases that involve certificates from occupational therapist or physiotherapist are the cases that win against the municipality in the county administrative court. Further we have found a new theme in our study regarding clientification among them who apply for efforts within LSS and "alternative" three.
Kontaktperson enligt LSS : En studie av normförekomst i rättstillämpningen av LSS
The aim of this study was to examine the occurence of norms in court cases regarding the Swedish law of support and service for disabled (Lag 1993:387 om stöd och service till vissa funktionshindrade) with the help of a discourse analysis method. More specifically its aim was to examine and identify norms in the different dictums/statements that were to be found in the court cases regarding the supportive institution "contact person" according to the Swedish law "LSS" with the help of a norm science approach. The aim was also to examine when the applicant was found to be entitled to a contact person according to the LSS-law. To be able to do this, the author studied thirty-four different court cases. In these cases six themes were found, that indicated the occurence of norms.
"Vi har ju alla en tårtbit i det hela" - en studie om samverkan i arbetet med hedersrelaterat våld och förtryck
This paper deals primarily with the developmental potential and use of court -based mediation in Swedish law, and its relation to court-based conciliation and the judicial procedure as means to end a conflict. In Chapter 42, Section 17 of the Swedish Code of Judicial Procedure, a judge, before the parties have their main hearing, can act as a mediator between the parties to settle the dispute. The judge should, according to the law, always try to make the parties come to an agreement before the main hearing. This obligation can be fulfilled either through the use of court-based conciliation, or court based mediation. Mediation as such is rarely used in Sweden, and one of the goals of this essay is to try to provide a tentative answer to why that might be the case. The second goal is to try to find a consistent, yet flexible notion, of the concept of ?jurisdiction?, and to provide an explanation for the relation between mediation as an alternative method for dispute resolution and the judicial procedure. .
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.
Positiv särbehandling - diskriminering eller ett nödvändigt led i jämställdhetsarbetet?
To achieve the goals that the government has put in place for equal opportunities in the labour market, the Swedish law is divided into two separate regulatory frameworks. One is positive action to promote equal opportunities and the other is the prohibition of sexual discrimination. Since males, despite the measures taken so far, still have a great advantage on the labour market, the law concerning equal opportunities has an exception from the prohibition of sexual discrimination, whose purpose is to promote the progress of equal opportunities, also known as preferential treatment. The regulations concerning preferential treatment allow the employer to hire a less qualified person from an underrepresented gender in spite of the presence of higher qualified applicants of the overrepresented gender. The purpose of this paper is to investigate the meaning and the application of preferential treatment as well as to give an insight to the argumentation around its application.
Must I move to be with my family? The right to family reunification in EU law and the problem of reverse discrimination
The Court of Justice of the European Union has progressively revised the rule of purely internal situations to ensure a wider scope of application of the economic freedoms as well as the EU citizenship right to move and reside freely within the Union. This development, combined with the increasing importance of fundamental rights, has strengthened the family life protection of those EU citizens who come within the scope of EU law. The limit between the individuals who may benefit from a EU right to family reunification and fundamental rights protection and those who find themselves in purely internal situations has, however, become more legally uncertain. The disadvantage suffered by those who fall outside the scope of EU law is known as reverse discrimination.The 2011 case Zambrano confirmed the trend towards an increasingly generous EU law protection of family life in cases where the exercise of freedom of movement and enjoyment of EU citizenship rights is potentially restricted by a Member State measure. By contrast, in the subsequent McCarthy- case, it became clear that families in purely internal situations may only rely on national immigration and procedural law to obtain family reunification and protection of their fundamental rights.
Under vilka fo?rutsa?ttningar kan tjänster outsourcade av finansiella bolag undgå merva?rdesskatt? : En studie av praxis med utgångspunkt i SDC-fallet
This paper deals primarily with the developmental potential and use of court -based mediation in Swedish law, and its relation to court-based conciliation and the judicial procedure as means to end a conflict. In Chapter 42, Section 17 of the Swedish Code of Judicial Procedure, a judge, before the parties have their main hearing, can act as a mediator between the parties to settle the dispute. The judge should, according to the law, always try to make the parties come to an agreement before the main hearing. This obligation can be fulfilled either through the use of court-based conciliation, or court based mediation. Mediation as such is rarely used in Sweden, and one of the goals of this essay is to try to provide a tentative answer to why that might be the case. The second goal is to try to find a consistent, yet flexible notion, of the concept of ?jurisdiction?, and to provide an explanation for the relation between mediation as an alternative method for dispute resolution and the judicial procedure. .
Lika Olika
Several studies have examined the effects of perceived justice of preferential treatments to customers, but few have studied these effects when customers have different input. The purpose of the study is therefore to enhance the knowledge and understanding of the effects of preferential treatments to customers with varying input. More specifically, the study focuses on how perceived justice, customer satisfaction and loyalty are affected depending on the customer's input and received treatment. An experimental study with 263 respondents showed that the perceived justice and loyalty intentions among both the receiver and the non-receiver of the preferential treatment were of highest level when it was given to a customer with large input. Customer satisfaction however, was found to be of highest level when customers themselves received preferential treatment, regardless of the size of their input.
Studio för mekanik och hållfasthetslära - Tillverkning och utveckling av demonstrationsexperiment
Several studies have examined the effects of perceived justice of preferential treatments to customers, but few have studied these effects when customers have different input. The purpose of the study is therefore to enhance the knowledge and understanding of the effects of preferential treatments to customers with varying input. More specifically, the study focuses on how perceived justice, customer satisfaction and loyalty are affected depending on the customer's input and received treatment. An experimental study with 263 respondents showed that the perceived justice and loyalty intentions among both the receiver and the non-receiver of the preferential treatment were of highest level when it was given to a customer with large input. Customer satisfaction however, was found to be of highest level when customers themselves received preferential treatment, regardless of the size of their input.
Föräldrars missbruk och barnets bästa : en dokumentanalys av LVU-mål
The aim of this essay was to examine how the decision-making in LVU cases are motivated in the judicial decisions. How has the principle of whats in the best interest of the child been noticeable in these judicial decisions and how are the child's needs and the consequences for the child of the drug abuse been described? When the parents have been judged to have given a non acceptable consent, how have they been described and how has the parents described the situation?Our research is of a qualitative nature, a document analysis of judicial decisions in LVU cases. We analyzed eight court cases containing decisions from County Court, Fiscal Court of Appeal and The Supreme Administrative Court.Our results showed that parents were described in the judicial argumentation as negative stereotypes and a picture of unreliability were created. What was best for the child were not expressed in words but woven into the children's needs and in most cases the consequences of the abuse of drugs were not made clear..
EU:s normativa närvarande i Makedonien : - en kvalitativ studie
This thesis treats the normative power of the European Union and its affect on Macedonia. The main purpose has been to look closer with the use of the application of Ian Manners theory of normative power on the Macedonian case. The focus will be to answer the following questions: Does the European Union act as a normative power in relation to Macedonia, if so, how are these values diffused? Has there been any effect of the spreading of these values? Based on six interviews and the available material of European Union strategies for the Macedonian membership I have attempted to understand to what extent the European Union?s normative power has had an influence in Macedonia. The result of my analysis is confirmation of the European Union as a normative power in Macedonia and the understanding of the methods of application..