Essays about: "Principle of Proportionality"

Showing result 1 - 5 of 40 essays containing the words Principle of Proportionality.

  1. 1. The Compatibility of EU State Aid for Environmental Protection with the Polluter Pays Principle : In the Context of the EU Emissions Trading System

    University essay from Stockholms universitet/Juridiska institutionen

    Author : Angelica Arnqvist; [2019]
    Keywords : Polluter Pays Principle; State Aid for Environmental Protection; European Union Emissions Trading System;

    Abstract : This thesis, examines three research questions concerning the coherence between the European Union (EU) rules about State aid for environmental protection and the “polluter-pays-principle” (PPP) in the context of the free allocation practice in the European Union Emissions Trading System (EU ETS).  The aim of the first research question is to study whether the free allocation of emission rights within the EU ETS is compatible with the EU State aid rules. READ MORE

  2. 2. Proportionality in Investment Treaty Arbitration and the Necessity for Tribunals to Adopt a Clear Methodology

    University essay from Uppsala universitet/Juridiska institutionen

    Author : Lasse Langfeldt; [2019]
    Keywords : Proportionality; Investment Treaty Arbitration; TECMED; proportionate; reasonableness; reasonable; Principle of Proportionality;

    Abstract : Whenever states’ rights to regulate and investor’s interests conflict with each other it is an unsolved question in investment treaty arbitration how one should balance those two positions. In particular, it is indefinite where to draw the line at what point states can actually exercise their rights without unlawfully violating the investor’s interests. READ MORE

  3. 3. Fiscal Sovereignty and State Aid in the field of Direct Taxation of EU Law

    University essay from Lunds universitet/Institutionen för handelsrätt

    Author : Kristina Lyrenäs; [2019]
    Keywords : State aid; EU Commission; Apple; Starbucks; Fiat; Amazon; Engie; Belgian excess profit regime; fiscal sovereignty; Law and Political Science;

    Abstract : This thesis investigates if the recent decisions by the Commission on State aid in direct tax law are intruding on the EU Member States’ fiscal sovereignty. The author concludes that the Commission’s basic legal arguments of the reference system, being the corporate income tax system of the relevant Member States, as well as the arm’s length principle as a tool to assess selectivity in article 107(1) TFEU, are problematic from a fiscal sovereignty point of view. READ MORE

  4. 4. Industrial Actions and the European Union - A study on how the European legal order has affected the right to undertake industrial actions for Swedish trade unions

    University essay from Lunds universitet/Institutionen för handelsrätt

    Author : Erik Karlsson; [2018]
    Keywords : Industrial actions; fundamental freedoms; fundamental rights; proportionality; Law and Political Science;

    Abstract : This thesis has the aim of investigating how EU-law has affected the legal position regarding Swedish trade union’s possibilities of undertaking industrial actions. It also aims at determining whether the influence of EU-law on the right to undertake industrial actions has had any effects on the Swedish model. READ MORE

  5. 5. Art. 4 ATAD : How the Interest Limitation Rule of the ATAD aligns with the Freedoms of the TFEU and National Constitutions

    University essay from Uppsala universitet/Juridiska institutionen

    Author : Caroline Meyer im Hagen; [2018]
    Keywords : Art. 4 ATAD; Interest Limitation Rule; TFEU Freedoms;

    Abstract : This thesis addresses Art. 4 ATAD and looks at it from two different angles. Firstly, Art. 4 ATAD will be examined in the light of the TFEU freedoms. READ MORE