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Soudnictví - (ne)manželské dítě Evropy? / The Judiciary - Europa's (il)legitimate Child?Štamberk, David January 2011 (has links)
The thesis is focused on examination of issues of legitimacy of the Court of Justice of the European Union. The problem is perceived in the context of the growing importance of the judiciary both at national and international levels. Judges are increasingly forced by circumstances to shape law. Their role in the system of bodies of states and international organisations is thus changed. The courts of the highest instance in particular become political actors. Traditional (functional) conception of their legitimacy, based on the requirements of professional credit, independence and impartiality, is then shown to be insufficient and must be supplemented by democratic legitimacy and proven existence of the legitimizing chain. Due to growing influence of international courts of justice this problem is projected to the international level. In the case of the Court of Justice of the European Union the whole problem is even more intense for its supranational character and influence, which it acquires consequently. It should therefore be at the forefront of efforts to improve the legitimacy of the international judiciary. The current situation however does not really corresond to it. Improvements in the appointment of Judges and Advocates-General were therefore proposed. Larger involvement of the European...
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Důvěra v trestní spravedlnost a kompliance v ČR / Confidence in criminal justice and compliance in the Czech RepublicHomolová, Pavla January 2012 (has links)
The thesis is aimed at normative and instrumental aspects of compliance with the law and cooperation with the criminal justice system in the Czech society, namely trust in the police and criminal courts and their perceived legitimacy, personal morality and perceived risk of sanctions. Its purpose was to empirically verify the revised Tyler's procedural justice model of compliance as suggested by Jackson et al. (2011) within the Czech context. A review of literature on the topic implied potential constraints to validity of the model in the Czech society, mainly in respect to low levels of trust and legitimacy of the police and courts. Nevertheless, the empirical analysis based on structural equation modelling with use of two representative datasets (ESS Round 5 2010, Bezpečnostní rizika 1999) indicates trust in police procedural fairness to be - in contrast to fear of sanctions - a strong factor in predicting compliance. The obligation to obey the law shaped mainly by trust in procedural fairness and personal morality appear to be comparatively the most important predictors of compliance in the Czech Republic. The model was not significant in case of courts nor for the 1999 dataset, probably due to poor internal consistency of some constructs. Keywords confidence, legitimacy, criminal justice, compliance
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Popular sovereignty in EuropeBeetz, Jan P. January 2015 (has links)
This thesis proposes a realist analysis of the contemporary concept of popular sovereignty in its ability to make sense of the EU's legitimacy. Drawing upon Bernard Williams' political thought, a conception of legitimacy should make sense of hierarchical rule as a desirable civic order from within its own historical circumstances at the normative level. In addition, it should offer realistic guidance to political agents, meaning that its political fictions must therefore acquire a certain degree of practical resonance in order to act as heuristic tools. The modern concept of popular sovereignty sets appropriate criteria of legitimacy based upon the bonds created between citizens. Through a genealogical inquiry, I reconstruct conceptions of popular sovereignty which underpin defences of the EU's output, democratic, and identitarian legitimacy from canonical arguments. These justifications of the state consider the people as beneficiaries of security and economic prosperity, as a self-governing demos, and as a cultural nation, respectively. I propose a realist vindication of this multi-faceted conception of popular sovereignty at the normative level, because these different conceptions complement one another in making sense of the sovereign state's legitimacy. The thesis then discusses how the political fictions of the people could simultaneously make sense within the European polity. In short, the citizens of Europe's polities have become part of the normative systems which create judicial-economic, civic-democratic, and socio-cultural relationships within the territorial borders of the European states. In addition, the centralisation of decision-making power and implementation resources has given plausibility to the political fiction of sovereignty. European integration has, however, resulted in a reconfiguration of these normative systems and restructuring of power into a two-tier political order. In this novel context, a realist vindication of the contemporary conception of popular sovereignty is no longer possible. The thesis concludes by suggesting that a demoicratic reconceptualisation of popular sovereignty offers a constructive way to make sense of the EU's legitimacy.
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POLITISK KOMMUNIKATION SOM DEMOKRATISKT VERKTYG -En fallstudie av servicekontorens kommunikativa och informativa arbete utifrån ett tjänstemannaperspektivLizarraga, Michelle, Rosen, Hanna January 2019 (has links)
The aim of this study is to investigate the existing communicative and informative work on reaching out to citizens about the service concept of governmental service offices which includes the swedish agencies; Skatteverket, Försäkringskassan and Pensionsmyndigheten. The study will be based on the perspective of officials operating within the current area. Furthermore, we also aim to examine which motives and which risks that exist with developing this work in conjunction with the transfer of responsibility to a new authority. The motives are examined from a citizen's perspective with a focus on political communication as a democratic tool in the modern society. The study is based on interviews with managers within the organization of governmental service offices and managers at the new authority - with the purpose to gain their perspectives about this communication aspects. A qualitative text analysis as a method has been used to analyze the interviews. The primary findings of the empirical study show that the public's knowledge about the concept of service offices are low as a result of a limited marketing. It also shows that there are motives to increase the extent of communication and information about the service concept, in order to raise awareness about what services are available at the governmental service offices. On the other hand, the research also indicates issues with an increased marketing of the service offices as service concept, instead of marketing the agencies individually, which requires consideration in the matter.
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Swedish firms achieving legitimacy on the Japanese market : A qualitative study on how Swedish firms manage to achieve legitimacy on the Japanese marketSjöstedt, Emil, Zeilon, Leonard January 2019 (has links)
The purpose of this thesis was to investigate how Swedish firm operating on the Japanese market can achieve legitimacy in consideration to the cultural context. The thesis has an exploratory purpose where the methodology was based on a qualitative method with and inductive approach. The thesis conducted a multiple case study through semi-structured interviews. The theoretical framework provides the reader with relevant concepts regarding external and internal factors influencing legitimacy. A conceptual framework was developed in order to connect the theoretical concepts with each other. Through interviews with Swedish firms established on the Japanese market empirical data was collected. The analysis chapter thereafter discusses the similarities and differences between the theoretical concepts and the empirical data. The findings of the study reveal that there are many differences in conducting business in Japan compared to Sweden, and that Swedish firms have to adapt accordingly. The thesis concludes that there are several indications of activities that can be connected towards achieving legitimacy on the Japanese market. By understand the cultural differences and accustom the Swedish firms’ business practices to align with Japanese firms, relationships and networks can be strengthened and further result in achieving legitimacy on the Japanese market.
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The need for social acceptance : Creating a legitimate planning process of a Moomin theme parkKnutsson, Johanna January 2019 (has links)
The research in this paper examined the legitimacy of land-use planning when there are polarizing views of how a specific project should develop. The focused was on the case study of Skutberget in the municipality of Karlstad, Sweden, were two separate planning processes are ongoing. The current development plans regards a Moomin inspired theme park where the company Moomin OY is the developer, as well as an improvement and development of the existing recreational park were the municipality is the responsible part. In a Swedish context, municipalities have a strong authority when it comes to land-use planning, a right often labelled as a “planning monopoly”. This research fills a gap in the scientific academic literature when it comes to assessing democratic processes on a local level, with a special regard to spatial planning. Legitimacy in a representative democracy is a multifaceted concept, which requires both aspects of political representation and social acceptance for a decision to be deemed legitimate. With the case study, political representation regarding both a desire and aversion of developing Skutberget exist. This difference in opinion regarding the development of Skutberget is reflected in public attitude as well, were the theme park of Moomin OY is the biggest dispute. People reflecting different perceptions have taken it upon themselves to engage with media outlets to vocalise their opinions and news articles of the development of Skutberget is a recurring feature in local newspapers. Full social acceptance and consent are, therefore, lacking for the process of developing Skutberget. But as the opinions differ in Karlstad, it is a matter of interpretation of what consist of social acceptance and how to value it in the planning and decision-making process.
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Hållbarhet är målet : Hållbarhetsredovisning inom svensk elithandboll / Sustainability is the goal : Sustainability reporting within swedish professional handballOtter, Malin, Samuelsson, Adam January 2019 (has links)
Nowadays Swedish professional handball clubs carry out extensive sustainability work. In addition to engaging many people through the activities of the associations, they also contribute positively to society through external projects and activities. Despite the work being carried out, the clubs are not that involved in disclosing their work in a sustainability report. Sustainability reporting aims to report the organization's impact on sustainable development and is an expression of social responsibility. The study is based on the legitimacy theory and stakeholder theory's assumptions about expectations and interactions with society. The study is focused on clubs that are active in the top league of Swedish men’s handball, Handbollsligan. The purpose of this study is to understand the reasons why Swedish professional handball clubs do not report sustainability, even though the theories and previous studies point out many benefits to it. The study has been performed in a two steps approach, a document study was performed first and then interviews. The document study of the club’s annual reports has shown a poor disclosure of sustainability information. Subsequently, interviews with representatives of the clubs have been carried out in order to generate an understanding of why the clubs do not report their sustainability work. The study shows that none of the Swedish professional handball clubs have a sustainability report and have a lack of sustainability information in their annual report. The study highlights several reasons why the clubs do not have sustainability reports. It indicates that the clubs instead choose to communicate the sustainability work they perform via social media and through their websites. Other reason is a lack of knowledge of what a sustainability report is and contains, and the deficiency of the resources required for elaborating the report. Further the clubs also experience low expectations and demands from stakeholders regarding sustainability reporting. Norms within the field of activity and the culture within the clubs also form the basis for the lack of sustainability disclosure. The study's contribution is primarily a guidance and an increased understanding for the clubs within Swedish professional handball regarding sustainability reporting.
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Legitimacy from the bottom-up : Understanding perceived legitimacy of non-state armed actors from a civilian perspective - A case study of SomaliaNielsen, Michelle Hendrika Julie January 2019 (has links)
Non-state armed groups are often countered by military means but non-state armed groups have in many cases proven their resilience and endurance, and they continue to challenge central governments in their efforts to build a peaceful and stable society in many post-conflict societies. We fail to understand why non-state armed actors may supersede central governments in their ability to provide effective governance structures and enjoy legitimacy. This thesis builds on the existing literature on rebel and insurgency governance and aims to explore the drivers that legitimize non-state armed actors from the perspective of the civilian population. Exploring the factors that contribute to the legitimacy of non-state armed groups reveals the local dynamics that underpin the relationship between non-state armed groups and civilians living in the areas under their control. I argue that non-state armed groups, by capitalizing on the failed expectations that civilians have towards the state, and subsequently meeting these expectations by providing essential security and public services, can achieve public legitimacy. Using the method of structured focused comparison, South-West State and Galmudug State in Somalia are compared to test the hypotheses. Fieldwork was conducted to collect data and document analysis was used. The main finding of this study is that the ability of an actor to provide services and security plays an important role when explaining variation in levels of perceived legitimacy.
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Integração e Democracia: a crítica de Habermas ao déficit democrático no contexto da União Europeia / Integration and democracy: Habermas\'s criticism of the democratic deficit within the European UnionAlmeida, Juliana Bighetti 08 October 2018 (has links)
A crítica de Habermas à União Europeia no que concerne seu processo político de integração é de inegável importância na contribuição tanto do pensamento habermasiano quanto dos estudos europeus. Partindo-se desta premissa, o presente trabalho tem por objetivo abordar cronologicamente toda a reflexão do filósofo a fim de apresentar suas críticas nos momentos cruciais do bloco. Inicialmente, analisa-se o diagnóstico do autor do paradigma sistêmico no período de formação da união política, e sua resposta aos desafios do bloco à época: o patriotismo constitucional. Segue-se com os momentos da discussão do Tratado Constitucional e a inflexão da crítica habermasiana ao introduzir o conceito de solidariedade como perspectiva para as turbulências vividas pela União Europeia. Por fim, trata-se da crítica mais recente do filósofo com relação à atual estrutura política, firmada em Lisboa. Sua narrativa da juridificação democrática elucida como arquitetar uma teoria democrática transnacional que atenda às deficiências que o projeto de integração revelou. Ao final será esclarecido como Habermas enxerga as saídas da legitimidade democrática ao longo da integração europeia, sempre acompanhando o diagnóstico do autor seguido de suas respostas. / Habermas\'s criticism of the European Union (EU) in what regards its political process of integration is of undeniable importance in the contribution for both Habermas and European studies. In this regard, the present work aims to address chronologically the considerations of the philosopher in order to present his point of views regarding crucial moments of the EU development. Initially, we analyze Habermass diagnosis of a systemic paradigm within the period of the EUs political union formation, followed by his response to the challenges of the organization at the time, giving rise to the concept of constitutional patriotism. The work continues with the period of the discussion of the Constitutional Treaty and the turning point of the Habermasian critique by introducing the notion of solidarity as a perspective for the turbulences experienced by the EU. Finally, we turn to the author\'s more recent critique of the current political structure, established by the Lisbon Treaty. His narrative of democratic juridification elucidates how to architect a transnational democratic theory that meets the deficiencies that the integration project revealed. Finally it will be clarified how Habermas may explain possible perspectives for democratic legitimacy throughout European integration, always through the diagnosis made by the author, followed by his answers to the given problem.
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Atestamento em arquitetura aberta de serviços (SOA): um arcabouço para validação de legitimidade dos consumidores de serviços e seus dispositivos de acesso. / Validation of consumers in services oriented architecture (SOA): a framework to validate legitimacy of service consumers and their access means.Silva, Richard Flávio da 17 June 2010 (has links)
Em Arquiteturas Abertas e Orientadas a Serviços (Service Oriented Architectures - SOA) a preocupação com a área de segurança tem recebido importante atenção no desenho das aplicações em função das vulnerabilidades intrínsecas associadas a este novo paradigma. Este trabalho tem por objetivo propor um arcabouço para o desenvolvimento seguro de aplicações em SOA, com foco nos aspectos de segurança através da validação dos consumidores de serviços e seus dispositivos de acesso. Para este objetivo, foi conduzido um estudo sobre as abordagens tradicionais para a segurança em soluções Web uma vez que esta é a plataforma predominante na implementação de soluções SOA. Neste estudo, foi identificado que uma área fértil para contribuição à segurança em soluções SOA é o atestamento dos componentes ou programas consumidores de serviços. Por atestamento, deve-se entender um processo de verificação da legitimidade dos participantes (indivíduos, hardware e software) de uma cadeia de acesso. Como resultado deste trabalho, foi proposto um arcabouço, denominado ASACS (Arcabouço para Segurança por Atestamento dos Consumidores de Serviços), para controle de acesso aos serviços baseado na validação de etapas de atestamento dos consumidores. Estas etapas vão desde o fornecimento de informações sobre a plataforma de execução dos consumidores até a análise comportamental para definir o grau de confiança de cada consumidor em uma rede distribuída de serviços. A utilização do arcabouço traz um importante reforço à segurança ao buscar a negação de acesso a consumidores mal intencionados, não legítimos ou que tenham sido alvo de ataque. Como principal contribuição, este arcabouço orienta uma abordagem estruturada para a validação de legitimidade dos consumidores e de seus dispositivos e programas de acesso, resultando na necessidade de um aumento dos esforços requeridos para um ataque na tentativa de violar a segurança dos serviços oferecidos. / In Service Oriented Architectures (SOA) the concern with security has received important focus on solution design as a consequence of intrinsic vulnerabilities at the basis of this new paradigm. This work proposes a framework to secure development of SOA applications, with a special attention to security matters regarding validation of service consumers and its access means. In order to accomplish this goal, it was conducted a research over traditional approaches for security in Web applications, considering that Web platform is definitely dominant for SOA implementation. In this research, validation of service consumers was figured out as a promising area to security enforcement. Validation of service consumers states for a process to verify legitimacy of participants (individuals, hardware and software) in an access chain. As result of this work, it was proposed the framework ASACS designed to control accesses to service providers based on consumers legitimacy validation stages. Such validation stages cover since a check of client stations boot stack layers until a behavioral monitoring to graduate trust levels for each consumer in a network of distributed services. The framework adoption promotes security enforcement while avoiding access from malicious consumers, non legitimate ones or genuine consumers compromised by an attacker. As principal contribution, this framework guides to a structured approach to validate legitimacy of consumers and its programs and access means, requiring higher levels of efforts to an attack attempting violate the security of published services.
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