Suchergebnisse

Status of religious communities -- Constitutional guarantees: a historical overview -- Legal registration of religious communities -- State support for Islamic religious communities -- Muslims in integration laws -- Mosques and prayer houses -- Burial and cemeteries -- Education and schools -- Compulsory education -- Religious education -- Independent schools -- Further and higher (tertiary) education -- Islamic religious education training at universities -- Islamic chaplaincy in public institutions -- Employment, social laws and discrimination -- Religious holidays -- Islamic slaughter and food regulations -- Islamic goods and services -- Islamic dress -- Criminal law -- Male circumcision -- Female genital mutilation -- Forced marriages -- Family law -- Private international law -- Marriage and divorces -- Spouses' matrimonial property rights -- Inheritance law -- Substantive family law -- Marriage -- Divorce -- Spouses' matrimonial property rights -- Inheritance law -- Children -- General considerations -- Islamic custody and fostering in Swedish law -- Bibliography

More often than not, the State did not acknowledge the matrimonial norms as settled by the Church. This relation seems to have altered towards the end of the 19th century, when the State succeeded in imposing on the Church the respect for the general civil framework. Yet, the change was not radical. The Church and the State were still pretty connected. The State acknowledged the Church's right to be in charge with officiating marriages, with bed and home separation according to the requirements of each confession. However, the State had the right to supervise the civil and military status, the relationship between the spouses, legacy, legal guardianship, the issue of supporting children and spouses and many others. The Church admitted the involvement of the State in major demographic issues in an individual's life.
As time went by, the State became more and more complex while its legislation became ever more "lay". It is true that willy-nilly lay legislation borrowed norms and regulations belonging to Church's legislation. The frail State – Church dualism on family law was influenced by lay laws enforcing the lay legitimacy of important moments in man's life. Matrimonial laws as set out in 1894 were the most complex laws in the 19th century. Due to their clarity, they managed to put an end to misunderstandings between lay and Church authorities. Moreover, the matrimonial issues between different confessions were in favour of the State. Civil law very clearly favoured family and children's interests. They were all conceived to better supervise individual's education in a moral family where the Church would still have an influence.

Ombudsman, unlike the court, cannot make binding decisions, but usually public authorities follow its recommendations, otherwise he may bring the case to the attention of politicians and the public by informing Parliament. The link between the two fundamental European institutions, the Court of Justice of the European Union and the Ombudsman, may be defined as a strong direct link between the problems of EU citizens. Requests to each institution represent an interest of each petitioner, which is intended to be solved by matching laws with moral rules and general principles of law.

This article contains an overview of how the study of human rights issues has developed into a separate multidisciplinary field of academic study & education in Sweden. Its relationship to the different fields of political science is outlined, as well as general problems of a multidisciplinary subject. Three contributions to an edited volume containing Swedish & foreign scholarship on human rights issues drawn from the Swedish Forum for Human Rights, a biannual gathering of practitioners & scholars, are discussed. Those contributions deal with the tensions between universalist & relativist approaches to the character of human rights, the tensions between the development of international law & power relations in international politics, & tensions between group rights & individual rights. 25 References. Adapted from the source document.

The article surveys the various stances taken in interwar Romania towards the contemporary international - particularly French - trends of legal and political theory meant at counteracting the shortcomings manifested by the legislative patterns of Napoleonic provenance when confronted with the exigencies of expanding associational life and the need of growing state intervention in the sphere of the relations between economic factors. The crisscrossing visions of federalist syndicalism and, respectively, juridical socialism - exposed most conspicuously by the legal philosophers Léon Duguit and Emmanuel Lévy - are shown to receive various evaluations in the local milieu, from the part of authors connected with the leading journal of the Romanian Social Institute and otherwise (and always by reference to the predicament of social reform in the national space). It is highlighted that the impact of the ideas involved in the debate was broader and more diffuse than one could assume when taking into consideration only the outspoken - and partly obsolete - objectives and premises of the argumentations in question.

Nowadays, criticism of the UN is related to excessive bureaucracy, to the parallelism in the functions of many of its structures. In addition, the UN is accused of reacting more to crises than preventing them. The selective interest of the United Nations in conflicts in different regions of the world gives reasons to assert the presence in its activity of double standards. Especially, the UN authority has been greatly undermined by such events as the United States's actions in Iraq and Yugoslavia, after which many have questioned international law in general and United Nations, in particular. Thereat, there are a lot of statements that the United Nations is in the deepest crisis and there is a set of proposals and views on the content and essence of the need for UN reform. In this article, the author argues the opportunity of UN reform, elucidating some current gaps in the work of this international organization and coming up with concrete recommendations to remedy them.

Divorce, common-law marriage and illegitimacy (irrespective of its forms) were, no matter the society typology as the phenomenon is approached, forms of social deviation that entailed the dilution of the family image and norms. We do not discuss here about a dilution of the traditional norms concerning family, as someone might misunderstand, it was an erosion of the idea of family in general. The "family" could acquire different forms as compared to the "official" one. Paradoxically, all these were not only the result of personal emancipation, when the youth broke from the traditional norms, which were strongly influenced by religious norms and values, and would have got involved in "dangerous and shameful relationships". The peasant "forgot" to marry his woman not out of emancipation. The theory of personal emancipation leading to the erosion of the idea of family through the dilution of traditional norms, which was valid from the urban perspective (here, due to the affirmation of modernity, the alterity of religious norms led to such relationships), was not supported in the peasant countryside.
The Church fought all these. In fact, the bishopric sent guidelines to priests to take steps against common-law marriages very often. Despite priests' endeavours, the results were not considerable. Few priests could boast (after the first recommendation) in their subsequent parish report to have significantly contributed to diminishing the number of common-law marriages in their parish. The Church faced another issue brought about by its long debate with the State to control the act of marriage. The marriage laws set out in 1894 were the most complex laws regulating the political-religious relations in the matrimonial field in the second half of the 19th century. Due to their clarity, they managed to put an end to the conflicts between the lay and church authorities. Moreover, the debate concerning matrimonial issues for different confessions ended, too, in favour of the State. The State managed to impose its authority in the matrimonial field. The Church was thus compelled to accept the increased competence of the State by introducing the civil documents. All these caused mutations that triggered very different behaviours. Nevertheless, the Church kept imposing religious marriage, divorce and re-marriage for all its parishioners. In such a situation, by analysing the evolution of common-law marriages from the perspective of the Church, we may notice that, on the level of the whole area we focused on, there was a greater easiness in approaching religious marriage after 1895, once the compulsory civil marriage was imposed. The perception of the divorce also changed when the civil matrimonial law was introduced at the end of 1894. Through a last effort, as the Church did not acknowledge lay divorce, they did not grant the right to a second marriage to the individuals. Moreover, from the perspective of the Church, the possible future marriage was considered as a mere common-law marriage, although the State approved of the divorce and the second marriage in which a divorced partner was involved.

Nowadays, criticism of the UN is related to excessive bureaucracy, to the parallelism in the functions of many of its structures. In addition, the UN is accused of reacting more to crises than preventing them. The selective interest of the United Nations in conflicts in different regions of the world gives reasons to assert the presence in its activity of double standards. Especially, the UN authority has been greatly undermined by such events as the United States's actions in Iraq and Yugoslavia, after which many have questioned international law in general and United Nations, in particular. Thereat, there are a lot of statements that the United Nations is in the deepest crisis and there is a set of proposals and views on the content and essence of the need for UN reform. In this article, the author argues the opportunity of UN reform, elucidating some current gaps in the work of this international organization and coming up with concrete recommendations to remedy them. ; Țarălungă, Victoria. Reforma organizației națiunilor unite – un imperativ al secolului XXI / Victoria Țarălungă // Conferinţa naţională cu participare internaţională "Ştiinţa în Nordul Republicii Moldova: realizări, probleme, perspective", ed. a 3-a, 21-22 iun. 2019. – Bălţi, 2019. – P. 465-473.

Nowadays, criticism of the UN is related to excessive bureaucracy, to the parallelism in the functions of many of its structures. In addition, the UN is accused of reacting more to crises than preventing them. The selective interest of the United Nations in conflicts in different regions of the world gives reasons to assert the presence in its activity of double standards. Especially, the UN authority has been greatly undermined by such events as the United States's actions in Iraq and Yugoslavia, after which many have questioned international law in general and United Nations, in particular. Thereat, there are a lot of statements that the United Nations is in the deepest crisis and there is a set of proposals and views on the content and essence of the need for UN reform. In this article, the author argues the opportunity of UN reform, elucidating some current gaps in the work of this international organization and coming up with concrete recommendations to remedy them. ; Țarălungă, Victoria. Reforma organizației națiunilor unite – un imperativ al secolului XXI / Victoria Țarălungă // Conferinţa naţională cu participare internaţională "Ştiinţa în Nordul Republicii Moldova: realizări, probleme, perspective", ed. a 3-a, 21-22 iun. 2019. – Bălţi, 2019. – P. 465-473.

This dissertation analyzes the changes in the way Swedish forest policy has been developed and implemented in the past few decades. Its primary focus is on the period from the adoption of new legislation governing forestry in 1993 to date, though the historical antecedents of the more recent developments are also discussed. The dissertation focuses primarily on the interplay between changes in the policy priorities enshrined in forest legislation and the changes in the steering and implementation means and resources available to achieve the aims of the recent forest policies. Various perspectives on public administration/public management are used to analyze the preconditions and opportunities available to state authorities to meet the environmental goals in forest policy. Furthermore, norm theory as developed within the sociology of law is applied to analyze how various categories of forest owners can be motivated to shoulder a greater responsibility for nature conservation and development and environmental activities. The tension between private forest owners? interests and public (both of the state and the public in general) interests, and possible ways around the tension also figure prominently in this study. Central to the opportunities for success in obtaining the more ambitious environmental goals in a ?regulatory? setting characterized by a levelling of the status between authorities and forest owners and decreased resources and coercive capacities on part of the authorities, is the prospects for ?soft regulation.? Here we see an emphasis on bringing new actors into the policy formulation, interpretation and implementation arena, the development of new networks, the role of information and advisement in producing ?enlightened self-interest? and common frames of understanding. Ultimately what is aimed at is ?smart regulation? via the use of various forms of flexible instruments in a context where a greater number of stakeholders are involved. Thus the role of ?regulatory? authorities moves towards becoming a facilitator, or a ?motor? that as a partner promotes collaborative structures and cooperation.

This thesis deals with the question of how Swedish society responds when juveniles commit crimes. The focus is social work co-operating with the legal system and the interaction between these two. The aim of this study is to make visible/analyse factors that affect the choice between treatment and correction of juveniles in an emergency situation, when there is a necessity to choose between immediate preventative custody on the one hand, and detention on the other. This study analyses the selection through outcome patterns. Theoretically the base is six concepts; system/practice, and treatment/correction. Together they form a model where the actors (the social services/the police/the attorney/county administrative courts/district courts) on this juvenile field can be situated. The strategies of the actors' decision-making are implied by either norm-rational decision-making or goal-rational decision-making. Empirical data is studied through records of immediate custody and detention of juveniles aged 15-18 years old. The immediate denial of freedom represents, in the Swedish legislation, a process whereby social services and law enforcers meet and decide whether to treat or correct the juvenile. This selection is the focus of the empirical study of this thesis. In 1992, 1998 and 2003 a national overall survey was made of all juveniles aged 15-18 years that have been either in immediate custody or in detention or both. Documentation was obtained from the courts. The results show that the general denial of freedom of juveniles have increased greatly during the years 1992, 1998 and 2003, and especially from 1998 to 2003. Almost all of the acts concern boys, even though girls are making at break-through in 2003. There are differences between the groups that either have been in detention or in immediate custody in ways of "survey-year", "ethnic background", "age" and "categorising of crime". This study shows a large discrepancy between legislation and the legal practice.

What defines a Swedish university college? This is the overarching question in this archival study of the development of the Swedish university colleges during the past 35 years. The objective of the study is to explore the binary elements in the overall unitary Swedish university system. Departing from existing macro level research on the university colleges (UCs), this study focuses on one single UC. Development of the UC was conceptualized as a question of decision-making in the UC in interplay with political decisions. The UC was explored by taking an extensive inductive approach starting from the original Garbage Can Model of Organizational Choice, a perspective on organizations that focuses on the temporal order emerging from decisions, rather than enduring orders. Nine decisions situations in the UC were identified as well as four political reforms. The study shows that the concept "streams" from the model are the phenomena occupying organization members mind over time, thus constituting a recurring element although not an enduring order, tying together the temporal orders. The streams are shared between the UC and political decision-making; the two decision-making entities both take part in forming the streams over time. The streams are: (1) the academic discipline; (2) the vocational education; (3) research as a means to enhance the quality of education; and (4) regional relevance. The study proposes the emergence of a fifth stream, the research profile, which is taken to be a unique stream for the UCs in general, that differentiates them from the universities. The analysis shows that the UC continuously adjusts the law to the organizational conditions rather than implements legislation when new, hence offering a perspective on organizational change as a persistent condition inherent in the organizational body rather than definable events. By using the concept stream the study suggests a conceptualization of the political influence on the UC organizational body as well as a conceptualization of how the UC influence political decisions. This conceptualization provides a novel perspective on the relationship between state and the universities. A perspective that can be explored in future research, focusing on mutual adjustments of the streams.

This study starts out with the hypothesis that the integration process in Europe is connected to cross-border régionalisation, a process which supports the institutionalization of subnational cross-border cooperation - region-building. Cross-border régionalisation is characterized by the decentralisation of vertical links and enhanced opportunities for horizontal links across state borders. In addition, political integration is expected to have some impact on the cross-border institutional forms that emerge at the subnational level. Three different approaches are utilized in order to establish the empirical connection between political integration and region-building. These are: an analysis of the factors which determine the general pattern of cross-border cooperation in Europe, an analysis of the policy network related to the regional and structural policies of the European Union (EU), and case studies of cooperation in the heartland of Europe, the Regio Basiliensis along the external border of the EU, and the EUREGIO along one of the internal borders. Two institutional factors are found to have a significant impact on the number of subnational cross-border cooperations, EU-membership and centrality. Federal constitution was shown not to be significant. It is suggested that the interaction between actors at different politico- administrative levels creates network relations, which typically bring both private and public actors together. More precisely, region-building is described as the outcome of the interaction which takes place between actors. A closer examination of the emerging policy network shows that community initiatives, the Interreg-programme in particular, improve the prospects for multi­level interaction. The EU plays a crucial role in providing the incentives for cooperation by increasing resource dependency and by establishing direct ties between the European Commission and a large number of subnational actors through partnerships. It appears as if the Commission wishes to demonstrate its capacity to deal with problems relevant to individual citizens. By, in part, bypassing central governments, it seems to increase its own importance vis- à-vis member states. The modus vivendi of cross-border region-building and régionalisation is the degree to which institutional actors at different levels share the same objectives. As shown by the case studies, there is a common interest in cross-border cooperation up to the point were public statues are introduced. Interests seem to coincide as long as the structures and contents of cross-border cooperation do not ultimately challenge the authority of state institutions. Therefore, it is not surprising that it seems impossible to give cross-border regions any rights under international law. Functional cooperation, rather than regionalist manifestations of cultural or political unity across borders, constitutes the backbone of region-building. Activities transcending borders are less controversial than those that may contribute to the establishment of new borders. It is concluded that region-building is a process which is embedded in the institutionalization of a multi-level interaction pattern. More favourable multilevel relations have been achieved through the transfer of some authority to the supranational level. This is the main reason why traditional integration theory fails to explain why there is a connection between political integration and cross-border cooperation. ; digitalisering@umu