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443 Uppsatser om The principle of proportionality - Sida 1 av 30

Proportionalitetsprincipen : En studie av dess inverkan i LOU

The principle of proportionality is considered one of the most important contemporary legal principles on which it intends to protect individual citizens against disproportionate action by the authorities. This aroused our interest prior to this study. The essay reveals how such behavior might look like and how courts have chosen to adjudicate in cases where the individual has been discriminated against or subjected to unreasonable demands in public procurement. That section of the law that were current throughout all court cases are Public Procurement Act (2007:1097) LOU. That which we have seen in every court case is that the applicant has not received a proper fair chance when the requirements of the contract often been asked in a way that either exclude the smaller applicant company or rule out various potential applicants parties due to excessive and sometimes unnecessary requirements.

Proportionalitetsprincipen ? tillämpas eller tillplattas? Principens påverkan på svensk arbetsrätt

The principle of proportionality is a guideline to interpret laws and agreements. The guideline has emerged within the EC-law as a moral aid to interpret laws. During the development of the guideline the EC Court of Justice has had the expression "appropriate and necessary" in mind. To consider the act as proportional it must fullfill the purpose, but not be more invasive than necessary. The advantage of the act must be proportional to the risk of damage.

Allmänna rättsprincipers framväxt och påverkan inom EU - En uppsats om principerna med fokus på proportionalitet, rätten till försvar och offentlighet

General principles of law can be defined as a legal foundation with the function of codifying basic values. They can also be of a character, which makes them useful as supplement and interpretation of law. EU has developed principles of law that can be divided into general and special. Within the Union there are existences of around twenty general ones. A further separation can be made in terms of institutional and individual.

Allmänna rättsprincipers framväxt och påverkan inom EU - En uppsats om principerna med fokus på proportionalitet, rätten till försvar och offentlighet

General principles of law can be defined as a legal foundation with the function of codifying basic values. They can also be of a character, which makes them useful as supplement and interpretation of law. EU has developed principles of law that can be divided into general and special. Within the Union there are existences of around twenty general ones. A further separation can be made in terms of institutional and individual.

Teorin om "Just War" -Rättfärdigande eller Urskuldande?

This text concerns itself with war, the just war theory, and the application of that doctrine on the ?war on terrorism?. I present different views on the theory's place in the discourse, its relevance for unconventional wars followed by the analyses of above mentioned empirical situation.Particular interest is given the criteria concerning proportionality, both ad bellum and in bello, due to in part its difficult nature, and the attention it has received from others. This paper asks the question: Is the just war theory adequate for analysis of modern war?There are few alternatives.

Why be an Eleatic Stranger?

In the last two decades something called ?the Eleatic Principle? has been quite frequent in philosophical literature. A wide range of philosophers have appealed to this principle when arguing for varioustheses but the principle itself has received comparatively little attention. Especially questions regarding the principle's justificationare often ignored or only mentioned in passing. The aim of this paper is to remedy this situation somewhat by focusing on how it could be justified.In section 2 I give an overview of the various ways in which the principle has been used to clarify just what we are dealing with here.

Demokratins avgränsningsproblem : En kritik av det kosmopolitiska demokratiidealet

The aim of this paper is to examine whether the theory of cosmopolitan democracy provides a satisfactory solution to the boundary problem in democratic theory. I argue that David Held's version of cosmopolitan democracy rests on two incompatibleprinciples: the all-affected principle and the all-inclusive principle. However, the theory does not need to presuppose both these principles; it requires only one of them.Furthermore, I try to show that both of these principles fail to provide an adequate solution to the boundary problem. The all-inclusive principle suggests that all citizens of the world should be included in a global democratic unit. I argue that such an ideal is not desirable since it conflicts with the principle of subsidiarity and withdraws from regional political communities their sovereignty.

Skattetillägget och rättssäkerheten : Har Europadomstolens dom i målet Janosevic mot Sverige 2002 lett till förbättrad rättssäkerhet på skatteområdet?

In 1972 the regulations on tax surcharge were introduced. In the new system the sur-charge are imposed by the Tax Authority (skatteverket) and not the Court. Since 1995 the European Convention on Human Rights constitute law in Sweden, which means that Sweden is forced to guarantee its citizens the human rights in the Convention. Article 6 in the Convention states that everyone, in the determination of his civil rights and obligations or of any criminal charge against him, is entitled to a fair hea-ring within reasonable time. The Article also expresses the right for anyone charged with a criminal offence to be presumed innocent until proved guilty according to law (the presumtion of innocence).

Gryningsräder : Företagets rättigheter vid konkurrensrättsliga undersökningar och enligt artikel 6 och 8 i Europeiska konventionen om skydd för de mänskliga rättigheterna

The Commission can investigate infringements of the competition rules on its own initiativeor after a complaint from a third party when it suspects the existence of a cartel under Article81 or abuse of dominant position under Article 82. The EC Commission has extensiveinvestigatory powers under Regulation 1/2003 Articles 18 and 20. The visits by theCommission are made unannounced and that?s why they are popularly known as ?dawnraids?. The surprise arrival is essential in the fact-finding process because the Commissionlooks for information, which the undertaking subject would rather not give to the Commissionand takes measures to hide.The Commissions powers during a ?dawn raid? have been subjected to criticism.

Principen mot rättsmissbruk inom det svenska mervärdesskatteområdet: är det hållbart?

The VAT Directive (2006/112/EC) does not regulate Member States? opportunities to intervene against tax evasion. The European Court of Justice has clarified the situation in case C-255/02 Halifax. This case establish that the universal principle against the abuse of rights applies to VAT, which means that Member States have the opportunity to redefine transactions not involving a breach of law but nevertheless goes past what the legislature envisaged at the introduction of the provision.A debate has risen as to whether the principle against the abuse of rights is equally ap-plicable in Swedish domestic law on VAT. The administrative court of appeal in Go-thenburg, Case No.

Operation Moked : Sexdagarskriget ? Överraskning inom de israeliska luftoperationerna

The research regarding the six day war and the aerial operations named Operation Moked is extensive but there are certain shortcomings in the research that examines both the operation and the principle of surprise.The aim of this paper is to contribute to this research by utilising existing military theories on the principle of surprise in order to identify indicators that are representative of surprise.  These indicators are thereafter used in a study of Operation Moked in order to examine the extent of in which the principle was utilised.The result of this research goes to show that the principle of surprise was utilised in great extent by Israel during Operation Moked..

Omedelbart omhändertagandeenligt 6 § LVU : -en granskning utifrån ett rättssäkerhetsperspektiv

The main purpose of this study was to examine how social workers interpret and legally practice the 6 § LVU (Care of Young Person´s Act) in regards to legal cer-tainty. The papers intention was to investigate and describe the legal scopes limits and deficiencies, linked to practical social work. The study was composed on a legal dogmatic method which implies to examine the law and its elaboration. The investi-gation was based on different court rulings of care of youths according mostly to 6 § LVU. Perusal and interpretation of the rulings have been necessary in order to clarify the issues.

I strid med lagstiftningens syfte : En analys av det fjärde rekvisitet i skatteflyktslagens 2 § utifrån legalitetsprincipen

Under Swedish tax law; the general clause in the Tax Avoidance Act is a method to prevent tax evasion. The purpose of the general clause is to prevent any tax avoidance procedures that the legislator has not been able to foresee. For the general clause to be applicable, four prerequisites need to be met. This thesis analyses the fourth prerequisite based on the principle of legality. The prerequisite concludes that a determination of the tax base, based on the procedure in question, is in conflict with the purpose of the legislation.

Hedersrelaterat våld : En kritisk diskursanalys av svensk dagspress

The chief aim of this study is to investigate the impact of context on written peer response. A second aim is to explore students? attitudes towards peer response. The investigation has taken place at an upper secondary school in the south-east of Sweden, involving 20 students in grade 2 and 3 in the course Swedish C. The investigation is based on the students? comments on their peers? speech drafts and six qualitative interviews.

Det där är ingen icke-zebra! : epistemisk-deduktiv slutenhet och skepticism

Departing from Fred Dretske?s groundbreaking article, this essay explore the epistemic closure principle: the principle that states that knowledge is closed under known implication. It also explores the relationship to skepticism, various attempts to challenge and defend the principle, as well as developing a new perspective where the skeptical premise is seen as an a priori justified tautology that can be overriden by a posteriori experience. I argue that Dretske?s illuminating example makes it clear that there is an unescapable choice between either rejecting a skeptical premise ? however intuitive it may seem ? or inextricably having to admit a skeptical conclusion. .

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