Sökresultat:
1544 Uppsatser om The European Court of Justice - Sida 6 av 103
La Russie douze points - En studie i Ukrainas identitetspolitik
After the fall of the Iron Curtain the European Union was challenged partly by an institutionalized organization of the union, as well as by a socio-psychology awareness concerning the meaning of the European Union. The increase in European integration has generated a political collaboration where national understandings in identities are constantly being exposed for reconstruction. This results in a collective European identity where states are united in diversity.National identities are created when boundaries are set up in a relation to other states. In these identity constructions there are thoughts and questions raised such as who we are and who we are not. Ukraine and the European Union has, during a long time, had diversified preconceptions concerning who has been the others.
Genomförandet av bemanningsdirektivet 2008/104/EG : En problematisk implementering för Sverige?
AbstractThe use of temporary agency workers has increased significantly during the last decades. Due to considerable differences in the legal status and working conditions of temporary agency workers within the EU, the directive 2008/104/EC on temporary agency work was adopted in 2008. The current directive has a two folded purpose, first and foremost to improve the employment and working conditions for temporary agency workers, by establishing the principle of equal treatment. The second purpose is to create greater acceptance for the temporary work agencies, and also to review and remove any unjustified restrictions or prohibitions against them.There are several different models for labour market regulation represented within the EU. The Swedish and Nordic model has through history relied heavily on regulation via collective agreements, entered into by the social partners, with a minimal amount of state interference and regulation.For Sweden there is a potential problem in the implementation of the directive on temporary agency work, since it follows from case law by The European Court of Justice (ECJ).
®-symbolen : Klargörande om registrerat varumärke
Trademarks are distinguishing marks that are used by companies to highlight their goods or services to separate them from other companies. In Sweden, trademarks are protected by a certain Trademark Law called Varumärkeslagen. The law is a result of many years of improvements from earlier trademark laws. Since Sweden is member of the European Union, its laws are affected and in many cases inferior to laws of the Union. A new Trademark Law is about to be implemented in Sweden, thanks to a directive from the European Union.When a trademark is registered it is possible to use the symbol ® along with the trademark.
®-symbolen : Klargörande om registrerat varumärke
Trademarks are distinguishing marks that are used by companies to highlight their goods or services to separate them from other companies. In Sweden, trademarks are protected by a certain Trademark Law called Varumärkeslagen. The law is a result of many years of improvements from earlier trademark laws. Since Sweden is member of the European Union, its laws are affected and in many cases inferior to laws of the Union. A new Trademark Law is about to be implemented in Sweden, thanks to a directive from the European Union.When a trademark is registered it is possible to use the symbol ® along with the trademark.
Särskild medling i dispositiva tvistemål : Om behovet och bruket av medling, samt dess relation till rättskipningen
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. .
Synnerliga skäl för fortsatt förvar : En analys av förslaget i SOU 2011:17 om att ersätta synnerliga skäl med proportionalitetsprincipen
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. .
Vill vuxna veta vad barnen tycker? : En undersökning om hur barnets åsikt kommer fram och påverkar familjerättens bedömning och tingsrättens dom i vårdnads, boende- och umgängestvister
The main purpose of this essay was to study how the child's own view appeared in the office of family law investigations and in the following municipal court verdicts and if it had influenced the judgement and the verdict. We wanted to see if the child's age was important for the possibility to make oneself heard and if there had been changes overtime related to the consideration to the child's own view in investigations- and court context.To obtain answers to the questions, we decided to execute a qualitative case study, which exclusively was based on document analyses. We selected to examine a middle-sized municipal in the southern part of Sweden. We concerned only for children in the age of 8-12 years, who was affected by a court verdict either 1999 or 2003.Our study showed, among other things, that the majority of all children were interviewed. It also showed that the age of the children didn't affect the consideration the court took to the child's opinion.
Citizens United : - en strid mellan yttrandefrihet och politisk jämlikhet?
Modern democracies rest on a foundation of values essential to their prosperity. Two of those values are freedom of speech and political equality. To many, these values appear to coexist effortlessly. However, what this thesis aims to expose are some of the problems that quickly arise when attempts to interpret the values fail.The thesis investigates a specific US Supreme Court ruling called Citizens United. The ruling enabled corporations and unions to use their own treasuries for unlimited independent political expenditures.
Saklig grund för uppsägning av personliga skäl : ? En studie som ämnar ge en klarhet i vad kravet på saklig grund vid en uppsägning av personliga skäl innefattar.
The main purpose of this study is to investigate and with it clarifying what is meant by a dismissal for personal reasons must be based on valid reasons. More specifically, what is valid reason and what is required for that demand to be regarded as fulfilled.To my help to achieve this I have asked questions such as what kind of behavior from the employee can be the basis for a valid termination of the employment, what factors do the court put emphasis on in a trial and what is the requirements for the employer during the dismissal.The study has further objectives which are to illustrate the phenomenon of valid reason from a diversity perspective and from an international perspective. To achieve those objectives following questions have been asked: Is some groups covered in a greater extent than others by the requirement that a termination of employment must have valid reasons and are there international counterparts to the Swedish requirement that a dismissal must be factually based.What emerged from the study judicial inquiry is that the phenomena to which the employee is guilty of first is to see as valid reason when the employee are aware of the obligations undertaken in the employment but acting against them and inflicts some sort of damage for the employer.With regard to the employer's obligations in a termination proceeding are they to see as comprehensive and can be summed up to the fact that the employer should do everything in his power to avoid a dismissal.When it comes to the factors a court should take into account is this also a matter of major proportions. The court shall take into account all of the circumstances relating to the dismissal, which means that, with absolutely certainty, determine in advance what the court will decide is an almost impossible task.Furthermore, it emerged from the study that the requirement that a dismissal for personal reasons must be based on valid reasons may come to certain groups of workers to a greater extent than others. The study's investigation also indicates that the Swedish legislation, as it reads today, probably in breach of regulations enacted by the European Union. .
Enighet om Europa Applicering av diffusionsteorin på utvecklingen av attityden till Europeisk policyintegration 1999-2009
Public opinion has increasingly become a political force in the European integration process. At present, it appears that the people?s attitude towards the European integration is relatively skeptical. How can we expect that the attitude towards European integration will evolve in the future? This paper tests the extent to which diffusion theory can serve as a model to explain the development of attitudes to European integration policy in Sweden from 1999 until 2009.
Den europeiska identiteten : Komparativ studie mellan kommissionsordförande Barrosos syn på Europeisk identitet och EG/EU:s tidigare officiella hållning
What is the European Union (EU) and which countries should be part of it in the future? These questions became topical during the first part of the 21st century when political and geographical changes hasten the need to decide the nature of the European cooperation. In the European Constitution, that never come into force, the European values that a key role but was taken away in the succeeding Lisbon Treaty. Nevertheless EU continues to expand, recently to the East and non-European countries asTurkey are now on the ?waiting-list?.
Kan instruktioner om en rättvis och likabehandlande rekrytering leda till minskad diskriminering?
This study examined if individuals act in a less discriminating way and in a more fair way when they receive instructions about justice and not being discriminating while recruiting. 96 randomly assigned students at the University of Lund participated in this study. The participants were informed that they would act as a recruiter. They would then choose and place three of the best personal record in order of preference. There were three different kinds of company policies/instructions.
Barns delaktighet i frågor om umgängesstöd : en studie av elva tingsrättsdomar
The purpose of this study was to examine children's participation in court proceedings on supervised visitation and to analyse the descriptions of children in court verdicts. Eleven verdicts concerning supervised visitation resolved in 2014 were collected from two district courts in Stockholm County and studied with a qualitative textual analysis. The material was analysed with participation levels influenced by the ladder of participation for children developed by Roger Hart and with the theory of sociology of childhood. Our findings showed that children's opinions were mentioned in eight of the verdicts. In four verdicts the children's will influenced the courts decisions.
Kodväxling och intersubjektivitet i tolkmedierade domstolsförhandligar
Reaching shared understanding during court hearings is a prerequisite to ensure a fair trial and maintaining legal certainty. Every month between 2,000 and 3,000 court hearings in Sweden make use of interpreters. Interpreter-mediated conversations involve an extra discourse compared to monolingual conversations which increases the risk of misunderstandings.Using methodology of conversation analysis the study explores how bilingualism is expressed during interpreter-mediated court hearings, at which occasions the Spanish-speaking laymen switch to Swedish and what function the codeswitching fulfills. The study identifies patterns in codeswitching and categorizes them into six different types. Furthermore the ideology of monolingualism in court is challenged and the advantages and disadvantages of codeswitching is discussed.The analysis concludes that even though certain types of codeswitching lead to delays in the conversation, the interaction is mostly favored by the Spanish-speaking party understanding some Swedish.
Medling i dispositiva tvistemål : En kritisk utvärdering av det svenska systemet
This paper is a critical evaluation of the Swedish system with special mediation. The district court has the opportunity, in cases that are amenable to out-of-court settlements, to refer the dispute to special mediation. However, this is extremely rare, even though the legislature expressed a desire to increase the use of alternative dispute resolution. In 2011, a series of measures were taken to increase the use of mediation and strengthen mediation attractiveness. What effect can be inferred from these actions today, over three years after their introduction? This study analyses the main reasons offered for why mediation is not used more, and what should be done to increase the use of mediation.