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1544 Uppsatser om The European Court of Justice - Sida 8 av 103
Värdet bakom våldtäkten : En diskursanalys av fyra rättsfall
This paper seeks to explore how victims of crime and defendants are portrayed in sexual assault cases. Lately, more and more voices have been raised in appal against values demonstrated in court decisions and we?ve seen the implementation of a new sexual assault legislation in attempt to increase people?s sexual integrity. Yet, at the same time, there is still a tremendously low amount of reported sexual assaults that go to trial and even fewer result in conviction. This paper is not an attempt to scrutinize the legal system, but to draw attention to what values are portrayed in sexual assault cases.
Genus i förvaltningsrätten : En diskursanalys av LVM-domar
Gender in Administrative Court of Appeal - A discourse analysis of verdicts concerning compulsory drug treatmentThe purpose of this study was to examine gender discourses that could be identified inverdicts concerning compulsory drug treatment. A discourse analysis was conducted of 46verdicts from an administrative court of appeal, located in central Sweden. The main findingsof the study was that the descriptions of women, more often than men, are based on factorsother than their addiction, such as appearance and social environment. Men are in all casesdescribed by their addiction and on their own behavior. Women are presented as they riskvulnerability, while men are presented already suffer from vulnerability.
Bundenhet till skiljeklausul vid singularsuccession
The purpose of this thesis is to clarify the grounds upon which an arbitration clause may be binding in the new relationship between the parties after a transfer of rights and/or obligations. The issue is not regulated by law but instead it has been left to the Supreme Court to regulate. In the Emja-case the Swedish Supreme Court left guidance on the issue. The Supreme Court stated that a third party purchaser of a right where the contract includes an arbitration clause shall be bound by the clause. The arbitration clause is only binding to the remaining part of the initial agreement if no special circumstances exist. The binding effect was justified by the reason that a situation where the purchaser but not the remaining part should be bound to the clause was not sought after and the principle through the 27 § of the Swedish debt instruments act..
Den europeiska arresteringsordern : ett rättssäkert förfarande?
The European union started as an area of economic cooperation, but has developed into an area of cooperation in many legal fields. There are these days even cooperation when it comes to dealing with criminals. There is a new procedure called the European arrest warrant which goal is to make the extradition of criminals between the different member states in the European union more efficient. Sometimes when a state receives a European arrest warrant they have to extradite the person in question without doing any investigation of their own. The procedure is based on the principle of mutual recognition.
Barns rättigheter - en självklarhet?
Numerous studies have showed that Swedish municipalities are responsible for several of the activities that concern children and their rights, e.g. school and health care. Furthermore, the Convention of the Rights of the Child is an international agreement that Sweden has signed and ratified which also implies the obligations that Swedish municipalities have. The purpose of this study is to investigate and compare, from a social justice perspective, how children?s rights are being emphasized and how children?s opinions are being taken into consideration at the municipality level in Sweden.
Etnisk diskriminering- från arbetslivet till Arbetsdomstolen? : En granskning av Arbetsdomstolens praxis gällande etnisk diskriminering
The right to non-discrimination is a fundamental part of human rights. Sweden has enacted legislation which prohibits employers from discriminating or harassing employees and job seekers. Swedish authorities also receive a substantial amount of complaints concerning ethnic discrimination in the workplace every year and there are volumes of research showing structural injustices related to discrimination. Despite these facts few employers have so far been found guilty of discrimination on ethnic grounds in Swedish courts.This thesis aims to shed lights on and analyse how the Swedish anti-discrimination legislation is utilised in the Swedish Labour Court regarding discrimination and harassment on ethnic grounds. On the basis that very few lawsuits brought on behalf of employees/job seekers have been successful it is hypothesized that there are problems either with the form of the legislation or the assessment of the court.
Relationen mellan Europeiska Unionen och Vitryssland : En kvalitativ studie om hur Vitryssland debatterats i Europaparlamentet i samband med parlamentsvalen i landet år 2004 och 2008
A qualitative document analysis is used to answer the aim of this thesis that is to find out if the relation between the European Union and Belarus has changed from confrontational to reparational in between the two parliamentary elections that was held in the country in the years of 2004 and 2008. The study focuses on debates from the European parliament in association to the elections in Belarus to see if the rhetoric used in the debates have changed. It is found that the rhetoric used in the European parliament after the 2004 election in Belarus are extremely confrontational and the members of the debate expresses their thoughts of Belarus in a rather harsh way. It has also been found that the rhetoric used in the European parliament after the 2008 election in Belarus are more diplomatic and have the tendencies of a warmer relation to Belarus although there are still some confrontational views among the members..
Omedelbart omhändertagande : En studie om interimistiska beslut inom LVU med hänsyn till barnets bästa
This study analyzes the court of appeals work on judging immediate care (6 § LVU) by the child´s best from 10 court cases. This study has been reviewing 10 court cases and reviewing the court of appeals applicable laws in their decisions on interlocutory order within LVU. The material than have been analyzed consists of immediate care of children, and the concept of the best interests derived from the UN Convention on the Rights of the Child.The legal sanctions includes when a state signs a convention, which Sweden has. This means that Sweden is at their disposal to offer all children within its territorial limits, up to 18 years may take part of the rights set down in the Convention of the Rights of the Child. This means that all decisions relating to the individual child, should always be taken with respect to the best interest of the child, when a child for varoius reasons end up in a lawsiut.The concept of the best interest of the child are vague and abstract because it is not clearly defined.
Det svenska spelmonopolet : Sätter EG-rätten stopp för statens kassako?
AbstractThe subject for this thesis is the Swedish gaming monopoly. This thesis describes the Swedish legislation that regulates the market for gaming in Sweden. The European legislation is also explained in the thesis; both the rules in the EC treaty and the rulings made by the EC court of justice (ECJ). The purpose with this is to see if the Swedish legislation can be upheld considering the rules set up by EC law. The second part of the thesis is focused on the actuality of the problem and the future possibilities for the regulation.
Från Rio via Kyoto, till Marrakech. Hur har rättviseproblematiken tolkats i anpassningsdiskussionerna?
Global climate change is one of the greatest challenges in our history. As the average temperature is rising due to anthropogenic emissions, impacts such as floods, droughts and hurricanes, affect the lives of millions of people. Though the least developed countries are least responsible for emissions, they are the worst affected. This thesis focuses on environmental justice in the adaptation discourse. By outlining the adaptation discourse from the United Framework Convention on Climate Change principles, to the Marrakesh Accords, via the Kyotoprotocol my ambition is to analyse how environmental justice has been interpreted in relation to the adaptation discourse.
Vilket synsätt styr EU:s flyktingpolitik?
People in refuge face states with a dilemma. This dilemma consists of a wish (or obligation) to help those who need a refuge, and at the same time consider domestic issues such as financial costs and security problems. Thus, there are two perspectives which are important to consider when refugee policies are made. The aim of this paper is to see which perspective the EU had when making their migration policies. The question asked is: which perspective is behind the making of European refugee policy?The theories realism and idealism are used to describe the conflicts in the making of European refugee policies.
Barnets talan - en studie om beaktandet av barnperspektiv i den svenska Migrationsdomstolen : / The voice of a child - a study regarding a child perspective in the Migration Court of Law in Sweden
The following essay examines the conditions of whether a child perspective is recognised in the second authority of the new Swedish asylum process, the Migration Court of Law and inquire into the viewpoint of these decision makers as to what a child perspective in this context represents.The method used was a qualitative study that contained interviews with eight respondents, divided into four judges and four jurors. The material gained from the respondents was then analysed by using theories regarding a child perspective and theories that deal with interpretation of a text, ethics and court sociology.A few conditions of whether a child perspective is recognised has been revealed and we also found that the child perspective in theory is a wide perspective, that includes many aspects of how a child is recognised. In practice, however, the child perspective can be divided into two separate perspectives where one of them involves an adults view of a child?s perspective, and the other involves the perspective of a child, the child?s own view of its existence and perceived reality..
Den europeiska identiteten Vem är europé enligt EU?
The main purpose of this thesis is to examine how the European Union through the Directorate- General (DG) of Education and Culture, are calling forth a constructed sense of European identity amongst the citizens of the Union.It is a discourse analysis, which can be described in twofold. Firstly, it is a mapping of the European discourse; i.e. how the European Union defines the identity it seeks to mobilise. Secondly, it examines whether or not there are similarities in the European discourse of identity and the traditional nation-building discourse of national identity.According to this thesis a European identity is articulated in cultural terms, whereby its members are said to share the same values and a common cultural heritage.To bring the people of Europe closer together and to deepen awareness of their "common" history, the European Union encourages all manner of meetings and exchange schemes between Europeans. Although its goal is to develop a feeling of belonging to a shared culture, the EU is also keen to preserve the specific aspects of Europe's many cultures.
Regionerna i Europa ?samverkan och påverkan i Europeiska Unionen
AbstractIn this thesis I will discuss the relationship between the European Union and the regions of Europe. The development of the European Union has meant that many decisions are taken in Bruxelles. Many actors participate in the policyprocess ranging from national goverment to policynetworks of different kinds. An emerging actor has been the regions of Europe. Their influence on the policyprocess have grown and today almost all of them are represented in Bruxelles through Region Offices.
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..