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296 Uppsatser om Justified restrictions - Sida 1 av 20

Uttagsbeskattning och beskattningsinträde : En analys av förenligheten med etableringsfriheten

AbstractEver since Sweden joined EU Swedish law has to be compatible with EU law. Swedish law cannot state anything that may restrict the freedom of establishment. This means that companies are free to change their resident within the EU without any restrictions. National rules regarding exit tax states that companies who wants to move their business out of Sweden is taxed as if their assets has been disposed of at the exit time. These rules have been found to restrict EU law according to case RÅ 2008 ref 30.

Att komma ikapp : notläsning för pianister

EU law is superior to Swedish domestic law, and it is on Sweden's responsibility to implement the COJ judgments so that it becomes compatible with EU law. The advantage of the Union being superior is the internal market given the member states.However, problems arise when the Swedish legislature goes further in its interpretation of EU law. Restrictions can be imposed but it must be considered to be strongly motivated so the restriction outweighs the need to maintain the freedoms granted by EU law. In Cadbury Schweppes, the court states that restrictions on freedom of establishment may be done to counter artificial arrangements whose sole purpose is to evade the national tax. Its further stated that an artificial arrangement does not exist in those cases there is a real business, even through the establishment in the low-taxing country is economically justified. The Swedish CFC rules states that the general rule is that if an establishment in a country within the EEA, which have lower corporate tax than 55% of the Swedish tax, the shareholder of this company is taxed on its current share in Sweden. The outcome of Cadbury Schweppes has not been made into a general rule, it became the exception. In addition to that in Sweden it is presumed that the company is an artificial arrangement that expressly are prohibited by the EUD, as well been implemented to supplement the rule, where the Swedish legislature changes the meaning of the term granted by the appeal. The Swedish legislature has amended the original economically motivated establishment, to be commercially motivated. The term is undefined, but applicable elsewhere in the Incometaxlaw and from this one can find that, for an establishment to be considered as commercially motivated the decisions to establish should be taken to promote normal profit-making enterprises based upon commercially motivated decisions..

Bolag i skatteparadis : Affärsmässigt motiverad verksamhet eller skatteflykt i form av konstlade upplägg

EU law is superior to Swedish domestic law, and it is on Sweden's responsibility to implement the COJ judgments so that it becomes compatible with EU law. The advantage of the Union being superior is the internal market given the member states.However, problems arise when the Swedish legislature goes further in its interpretation of EU law. Restrictions can be imposed but it must be considered to be strongly motivated so the restriction outweighs the need to maintain the freedoms granted by EU law. In Cadbury Schweppes, the court states that restrictions on freedom of establishment may be done to counter artificial arrangements whose sole purpose is to evade the national tax. Its further stated that an artificial arrangement does not exist in those cases there is a real business, even through the establishment in the low-taxing country is economically justified. The Swedish CFC rules states that the general rule is that if an establishment in a country within the EEA, which have lower corporate tax than 55% of the Swedish tax, the shareholder of this company is taxed on its current share in Sweden. The outcome of Cadbury Schweppes has not been made into a general rule, it became the exception. In addition to that in Sweden it is presumed that the company is an artificial arrangement that expressly are prohibited by the EUD, as well been implemented to supplement the rule, where the Swedish legislature changes the meaning of the term granted by the appeal. The Swedish legislature has amended the original economically motivated establishment, to be commercially motivated. The term is undefined, but applicable elsewhere in the Incometaxlaw and from this one can find that, for an establishment to be considered as commercially motivated the decisions to establish should be taken to promote normal profit-making enterprises based upon commercially motivated decisions..

EU och informationsfriheten. En idé- och ideologianalys av informationsfriheten i EU:s datalagringsdirektiv 2006/24/EG.

This master?s thesis is about freedom of information ideas in the European Union data retention directive, 2006/24/EC. The directive means that data about electronic communications services will be retentioned. The aim of the thesis is to examine what ideas related to freedom of information that appear in the directive and how these ideas belong to the ideology of freedom of information that is common within the library community and to the juridical restrictions. In the light of surveillance tendencies that have occurred over the last years, the most well-known is probably the USA Patriot Act, it is interesting to study how freedom of information ideas appears when surveillance is legislated.

Anställdas förvärv av värdepapper : Beskattningstidpunkten när förvärvet är förenat med förfoganderättsinskränkningar

It has become increasingly simple for companies to offer its employees shares in the form of incentive or option plans to acquire.  Companies motivate incentive plans with employee buy-outs that it will lead to higher involvement of work. The offers are often associated with disposal restrictions to the employee such as not immediately dispose of shares or that the employees will have to remain of employment within a certain timeframe. The problems with disposal restrictions are that it makes it difficult to determine the point of taxation.When shares deemed acquired at the time of share subscription the benefit will be taxable as income from service and the increase in value income from capital. When shares are deemed to be acquired only after cessation of disposal restrictions this will result in that the benefit is taxed only once.After the Supreme Administrative Court rulings in 3167-09 and 3168-09, it is now obvious that the acquisition is deemed to occur at the time of acquisition. The problem is not yet solved because the constant development of the security market needs to be considered.

Miljödammars funktion som kväve- och fosforfälla samt som bevattningsdamm i Sölvesborgs kommun

A study was made on four environmental ponds in Sölvesborgs municipality. The reason forthis was to see if the ponds had fulfilled some of the questions that was mentioned in theproject ?Rädda Hanöbukten?. The questions were as following; do the environmental pondsdecrease the leakage of nitrogen and phosphorus into Hanöbukten, do the ponds decrease theuse of groundwater in Sölvesborgs Municipality and are there any restrictions on what thewater in the ponds is allowed to be used for. In order to answer these questions aquestionnaire was made and interviews were held.

Yttrandefrihetens dilemma : en idécentrerad studie om yttrandefrihetens roll och begränsningar

This paper concerns the freedom of speech in our democracy and the principles underlying the restrictions. The study is aimed at using a descriptive theory to provide a useful basis for analyzing a justification of the role behind freedom of speech and its limitations. The analysis is made on the basis of the Swedish parliament debate in the form of motions and the non-governmental organization Swedish Helsinki Committee's report. The study has a focus on the law of hate speech and will be done with an idea centred analysis. On the basis of democratic theory, the central role of freedom of speech was clarified on the basis of a clear need for a reliable communication.

Just war teorin och de nya krigen -en möjlig kombination?

In the political world of today the discussion of Just wars are very present, since the international law and the UN Charter provides certain rules about when it is justified to go to war (jus ad bellum) and how a justified war should be conducted (jus im bello). The discussion about jus ad bellum and jus im bello derives from the theory of Just war. Both in international law and the Just war theory, focus is on interstate wars were the actors are two sovereign states. Since the end of the Cold War there has however been a change in the way wars are conducted. From interstate to intrastate warfare, where the government in most cases no longer has the monopoly over the warfare.According to these facts, my conclusion is that the Just war theory has to expand and incorporate a focus on the human rights in order to be able to meet the new standards of the new wars.

En studie om hanteringen av Rasbiologiska institutets samling och känsligt material vid Uppsala universitet

The Swedish institute of racial biology was the first of its kind in the world. The purpose of their activity was to gather information about the different kind of racial characters of the Swedish population. They did this by traveling around the country gathering pictures and statistic information. In 1958 it was decided that the institute was going to get integrated with the University of Uppsala and change its research focus to a more medical genetic. Most of the research material also got integrated into the university?s library.The purpose of this paper is to find out how the institutes collection has been handled through the ages and if there have been any controversy or debate about it.

Hur man rättfärdigar intervention i suveräna stater : en studie av FN:s intervention i forna Jugoslavien

This study examines the theories about intervention and sovereignty in relation to the world of today, with the raising question about humanitarian intervention in a globalized society.The purpose of this paper is to examine if intervention can be justified in a sovereign state and how it can be justified. The expected outcome is that conclusion can be drawn from the specific case with United Nations intervention in Bosnia and Hercegovina, and what kind of motives they putted up to justify their intervention.Because we are still living in the era of the Westphalia system with the inherited thoughts of state sovereignty, but in conflict with the new ideas of globalization and human rights, it?s of big relevance to look at this topic closer.First of all the reader is presented to the theoretical aspects of state, sovereignty and different kinds of intervention, to become more aware of the complications surrounding the relationship between these conceptions.The method used in this study is a motive analysis with the focus on the motives told by United Nation, to be the reason for the intervention in Bosnia and Hercegovina. The empirical results are based on the reports from United Nations Security Council during the years 1991 ? 1995.The results are that the intervention in Bosnia and Hercegovina can be justified when looking at the theories in relation to the empirical result, with the FN ? charter and the fact of violation against humanitarian law and human rights.One conclusion can easily be drawn, that individual rights are playing a big role in today?s global society and are putting some pressure on the United Nation to look over the rules about humanitarian intervention..

Brandlarm

Due to copyright restrictions this paper is not available for download..

Styrmedel för att hantera kreditrisk: En fallstudie av Handelsbanken Sergel

The Swedish bank Handelsbanken has, according to their own way of measuring, been more successful than a weighted average of their competitors during the last 38 years. They have also handled the recent financial crisis, as well as the one in the 1990´s, better than most other banks. This paper studies their management control system at branch level in order to identify the controls which have been enforced to ensure that a low risk level is retained in the lending. The controls that have been identified are; (1) A decentralized organization with the offices as profit centers where the manager has restrictions regarding risk level and the results are measured as K/I (cost/revenue). (2) The absence of bonuses and individual follow-up regarding performance measurement.

Uppföljning av planerat skotningsavstånd med hjälp av geografisk informationsteknologi (GIT)

The cost of forwarding corresponds to about one tenth of the forestry industries raw material cost. This gives a motive to do good follow-ups to get a good overview of the forwarding distance and, thus, enable improvements. Follow-ups are also justified by the possibility to make more accurate calculations of the harvesting costs, if better estimations of forwarding distance are achieved. Today (2009) Stora Enso has GPS and vehicle-computers in most of their forwarders. These are used mainly for the forwarder to follow the tracks of the harvester and for the planning leader to see how the forwarder has been driving within the stand.

Politiska mord- en rättfärdig strategi i kriget mot terrorismen?

After the 9/11 attack the United States declared war against terrorism, which launched a conflict between indefinable transnational networks and states. In this war it became clear that the strategies used in traditional wars between states were not sufficient. New strategies have been discussed, but without any concrete results.In this thesis assassinations of terrorist leaders ordered by states is being presented as a possible strategy in the war against terrorism. Assassinations have been used in all times to shift political power but is today not morally accepted. This thesis aims to show that when used under the premisses of the just war theory, the strategy can be equally morally justified as any traditional war.

Företrädesrätt till återanställning : - En begränsning enligt bemanningsdirektivet mot arbetskraft som hyrs ut av bemanningsföretag?

In the directive 2008/104/EC on Temporary agency work there is a regulation concerning that there shouldn?t be any restrictions or prohibitions in national legislation if it can not be attributed to the public interest. According to that the purpose of this paper is to investigate whether the Swedish law about reemployment in 25 § LAS is a restriction for temporary work agencies, it?s role on the labor market and also to investigate what consequences a restriction can have from a diversity perspective. To fulfill the purpose I have been using a legal dogmatic method based on determination of the current law.I have by the legal research determined that reemployment is not a restriction for temporary work agencies.

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