RJA Bakalaura darbi / RGSL Bachelor Thesis

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https://dspace-dev.lu.lv/handle/7/1059

Rīgas Juridiskās augstskolas studentu bakalaura darbi (kopš 2018.gada).

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Abuse of dominant position in a form of refusal to license an intellectual property in the European Union
(Riga Graduate School of Law, 2018) Žoludevs, Nikita; Podobnik, Klemen; Riga Graduate School of Law
Abuse of dominant position in the form of unfair excessive pricing
(Riga Graduate School of Law, 2021) Dortāns, Kristaps; Ratniece, Laura; Riga Graduate School of Law
With the occurrence of the COVID-19 pandemic, there have been many indicators among European Union Member States that undertakings are charging excessive prices. Therefore, one might wonder whether undertakings have the freedom of choice when it comes to imposing prices on their customers. Under Article 102 (a) of the TFEU, it is prohibited for undertakings to charge excessive prices. However, many criteria have to be fulfilled so that the competition authorities could intervene against undertakings charging excessive prices. As such, this paper examines the conditions under which it is prohibited for undertakings to charge excessive prices, and considers the challenges when it comes to determining whether the prices imposed are excessive or not.
Accessibility of political rights through citizenship
(Riga Graduate School of Law, 2022) Pužule, Adele; Castellanos-Jankiewicz, Leon; Riga Graduate School of Law
One of the most prevalent discussions within international law is enforceability – with no fool proof mechanisms ensuring compliance, not only international law acquires a symbolic, not practical value, but additionally sectors such as human rights law, where incompliance bears devastating consequences, are left up for broad interpretation by state governments. Governments are predominately interested in protection of their own citizens and their established political structures, which results in broad interpretation of universally accepted ideas. Such phenomena are most widely seen within the criminal justice system, seeing as people who have committed criminal acts historically have been the most vulnerable to infringement of their human rights. Nowadays, sector of rights which are most broadly interpreted are political rights, as many states allow themselves much room to decide who is awarded protection of such rights, while international courts and legislative bodies allow for such conduct stating state autonomy as a reason.
Acquiring a Latvian citizenship in case of a beneficiary of complimentary protection: the compatibility of Latvian law with the European and international standards
(Riga Graduate School of Law, 2018) Bistrovs, Kirils; Tralmaka, Ilze; Riga Graduate School of Law
The paper concentrates on the problem of refugee definition under international law. The main legal instrument in international law has a definition that does not cover all those who need international protection. In particular, this paper is motivated by the ongoing Latvian Case of the Afghan de facto refugee. The crucial question that is addressed in this paper is: whether the renunciation condition in the naturalization provision for persons with subsidiary status can be justified and does it comply with European and international standards.
Acquiring limited liability company in Latvia
(Riga Graduate School of Law, 2021) Berga, Signe; Priede, Jānis; Riga Graduate School of Law
Analyzing previous research on decision making of cross-border merger and acquisition, which allowed to identify country-specific characteristics that has influence particularly on the choice of host country of targeted company, the current attractiveness of Latvia to foreign direct investment was clarified and it appears, that perception of Latvia in international reports is above average, however, stakeholders of publicly listed companies perceive acquisition of equity to be riskier compared to purchase of separate assets. Moreover, when Latvia is chosen as a host country for potential business acquisition, each deal structure has its advantages and disadvantages, but none has significant influence on the cost of the transaction from the perspective of value added tax, if all the precautions are taken into consideration.
The aftermath of the EU-Turkey deal
(Riga Graduate School of Law, 2022) Langi, Angela Martina; Gatta, Luigi Francesco; Riga Graduate School of Law
The deal between the EU and Turkey was one of the responses to the migration problem in Europe. The Statement's ambiguous legal status generated debates on EU law compliance. This work intends to address the latter issue especially by focusing on a EU General court’s ruling concerning migration-related rights and the EU-Turkey Statement. The dismissal of the case involving several plaintiffs affected by the deal was rooted on the authorship of the Statement. The General Court concluded that the Statement cannot be regarded as an act of the European Council or any other EU institution. This study attempts to assess the legal nature of the EU-Turkey Statement in order to contextualise the decisions of the General Court. To analyse the legal nature of the EU-Turkey Declaration, two separate questions will be addressed: the legal nature of the Statement as an international agreement or the legal nature of the Statement as a political statement of the European Council meeting with Turkey. Following that, the remainder of this research examines how the agreement has impacted the European migrant crisis and what the major issues are.
The allocation of liability in Latvian law for construction delicts: the reach for the compensation
(Riga Graduate School of Law, 2018) Daukša, Diāna; Jerņeva, Jūlija; Riga Graduate School of Law
The theme of the thesis is the allocation of civil liability for damage caused to third parties by a structure fully or partly collapsing during the exploitation period due to errors made during the construction period and, therefore, the injured party’s possibility of receiving compensation from the liable construction participant. The aim of the work is to analyse and assess the existing legal framework and its application in practice in order to identify the main issues within the existing compensation mechanism and to determine necessary modifications, in order for there to exist an appropriate, internally coordinated, fair, effective and proportionate legal mechanism.
Allotment of tax advantages related to personal and family situation of cross-border workers in the European Union
(Riga Graduate School of Law, 2018) Udodova, Anna; Ozoliņš, Mārtiņš; Riga Graduate School of Law
The aim of the thesis is to examine which EU Member State has the obligation to provide cross border worker with tax advantages related to a personal and family situation in the European Union and whether Schumacher doctrine is still an effective and appropriate solution in determining the responsible State. One of the main goals of the EU is an open internal market without trade barriers. This objective allows nationals of the Member State to move freely within the European Union without extra taxation or requirements. In order to achieve this goal, Member States shall unite in removing obstacles to the free movement that still exist, mostly due to the various national tax provisions which are not harmonized at the EU level. One of the obstacles that prevent an employee from making a choice to work in another Member State is a failure in obtaining tax benefits in the country of work.
Ambiguities in measures to combat money-laundering in the European Union
(Riga Graduate School of Law, 2018) Zvejnieks, Ričards; Selga, Ēriks Kristiāns; Riga Graduate School of Law
Money laundering poses a great threat to the financial system of the EU, therefore, effective measures must be in place to protect the financial system. This research establishes that the measures provided by the EU in the 4AMLD contain ambiguities disturbing the protection of the financial system. Such ambiguities are the unclear risk assessment that has to be conducted before carrying out customer due diligence; challenges to the principle of legal certainty and vague phrases contained in the provisions dealing with the transparency of beneficial owners; and unclear exemptions from lawyers’ obligation to report, thus challenging the legal professional privilege.
Analysis of (non)application of Sharia laws of divorce under Article 10 of the Rome III Regulation
(Riga Graduate School of Law, 2019) Trupovniece, Dace; Palasti, Gabor; Riga Graduate School of Law
In the result of increased migration and the gradual formation of multicultural societies, the growth of the Muslim population in Europe, alongside Islam and other cultural peculiarities, is gaining momentum. This phenomenon raises numerous complicated legal issues. One of them is the application of Sharia laws of divorces in Europe under the Rome III Regulation. This study indicates that among the European countries, there is an evolving tendency to refuse the application of Sharia laws of divorce on the grounds of a public policy rule without evaluating the outcomes of each case. As this innovative approach, which can be found under Article 10 of Rome III, contradicts to the spirit of the traditional public policy doctrine, scholars and legal practitioners are in a disagreement over the accurate interpretation of the said provision. In this respect, the study suggests that the evolving tendency to assess Sharia laws of divorce in an abstract manner and thus refuse the application of Sharia laws of divorce in Europe is a natural consequence of the complexity of the subject matter. Based on critical analysis of numerous primary and secondary sources, this comparative law paper serves as a valuable resource for a comprehensive introduction to the discourse on the application of Sharia laws of divorce under the Rome III regime for those interested in evolving contemporary legal issues that are both legally and socially significant
An analysis of corporate income tax avoidance criminalization within the European Union
(Riga Graduate School of Law, 2020) Šķupele, Kitija; Priede, Jānis; Riga Graduate School of Law
Several studies have reported that tax avoidance is used mostly by multinational companies where, by structured schemes and jurisdiction arbitrage, profits are shifted. Consequently, no or little taxes on significant incomes are paid at Member State’s budget. Such intentional tax liability minimization practice should not be allowed, and effective measures, such as penalties, should be provided. Solving the global issue, Organization for Economic Co-operation and Development cooperating with the European Union have created an anti-tax avoidance framework which provides essential changes in existing Court of Justice of European Union interpretation methods and existing rules. Accordingly, the primary goal of this thesis is to analyse the European Union measures already taken to address tax avoidance issues with the intention to understand whether the new anti-tax avoidance framework would comply with existing anti-abuse practice. The economic and behavioural perspective will be taken into account determining the potential loss to society. Furthermore, possible challenges and recommendations deriving from Anti-tax avoidance Directive and Common Corporate tax base harmonization will be indicated, underlying efficiency of penalties.
Analysis of EU and UN legislation regarding trafficking in human beings in Latvia
(Riga Graduate School of Law, 2019) Zariņa, Līva; Ratniece, Laura; Riga Graduate School of Law
Thesis analyses how efficiently Latvia has implemented its regional and national obligations as a member state of EU and UN in its legislation regarding THB. Directive 2011/36/EU and Palermo Protocol have provided a basis for Latvia in the field of human rights, therefore how Latvia has chosen to include and interpret the values and terms declared in them is important in assessing how successfully it has been done. The thesis conclusion points to several shortcomings in Latvian legislation and procedural part of law, which needs to be changed so that victims of THB can be assisted according to international and regional standards, especially standards that are declared as their fundamental human rights.
Analysis of excise duties on alcohol and alcoholic beverages and its harmonisation in the Baltic States
(Riga Graduate School of Law, 2020) Arāja, Daniela; Priede, Jānis; Riga Graduate School of Law
The thesis concerns the excise taxes on alcohol and alcoholic beverages in the European Union and the Baltic States. This paper aims to examine whether alcohol taxation and the Council Directive 92/93/EEC and Council Directive 92/84/EEC on excise taxation are sufficiently harmonized to support the internal market of the European Union. The primary purpose of directives are to determine common definitions and approximation of minimum rates of alcoholic beverages which are essential for the effective functioning of the internal market. Although the excise taxation and pricing policies are the most effective alcohol controlling tool, the Baltic States have been affected by the different alcohol-related issues for many years. It is argued that current EU regulations encourage tax evasion, creates an administrative burden and are not equally fair to different market participants. The thesis analyses the issues the Baltic States are experiencing and how national and EU legal acts impact the development of the alcohol industry in the European Union.
Analysis of fundamental breach in respect of non-conformity of goods under the CISG
(Riga Graduate School of Law, 2019) Smiltāns, Valters; Ratniece, Laura; Riga Graduate School of Law
This thesis concerns the issue regarding CISG Article 25 conjunction with article 35, namely the fundamental breach in respect of non-conformity of goods. Research will encompass the core principles and interpretation of fundamental breach and non-conformity of goods separately and eventually will analyse the application of Article 25 (fundamental breach) in respect of conconformity of goods (Article 35). Furthermore, paper will concentrate on two objectives, namely the threshold of fundamental breach in respect of non-conformity of goods and the available remedies and protections provided by CISG to the seller and buyer concerning the question in subject. Fundamental breach permits buyer to use influential remedies (substitute goods, contract avoidance), consequently this research is vital for the parties related to international trade of goods, taking into account that the threshold is subjective from the text of Article 25. More particular threshold and certain range of remedies and protections available would provide the parties with more certain strategy in disputes involving non-conformity. Breach of contract in sense of Article 25 applies to breaches of contract obligations that fall under CISG scope or are incorporated into the contract implicitly by CISG. Substantial detriment is a difficult concept to interpret. Quantitative data facilitates the evaluation of substantiality of breach, however such data is not accessible frequently.
Analysis of legal aspects of the targeted killings made by the United States of America using unmanned aerial vehicles in Libya and Yemen
(Riga Graduate School of Law, 2019) Gorjunovs, Sergejs; Rostoks, Toms; Riga Graduate School of Law
The current Bachelor Thesis is an analysis of the legality from the perspective of the international law of two connecting aspects: the targeted killings and the unmanned aerial vehicles. The United States of America is one of the countries which have actively used unmanned aerial vehicles as a military tool in such countries as Yemen and Libya. Especially, the targeted killings by the unmanned aerial vehicles were performed under the presidency of Barack Obama when the number of such killings has notably increased in the comparison to his precedents. Thus, the author examined the aspects of the targeted killings and unmanned aerial vehicles from the International Humanitarian law and International Human Rights law, particularly focusing on the United Nations Charter, International Covenant on Civil and Political Rights, Geneva Conventions, and other related to the issue legislation.
Analysis of outright monetary transactions and public sector purchase programmes - legality and economic reasoning
(Riga Graduate School of Law, 2019) Lazdiņš, Olivers Artūrs; Gumaa, Waleed; Riga Graduate School of Law
The main objective of this study was to establish a doctrine on how the OMT and PSPP can be compatible with the TFEU Article 123, which prohibits monetary financing of Member States by the ECB. The second and third objectives were to briefly examine what legal frameworks are practiced in other countries and assess the economic necessity of such programmes and future prospects. The research unravelled the interpretation methods used by the CJEU and established the sufficient safeguards doctrine. The doctrine has two main principles which cannot be violated in the creation of the particular safeguards, and those safeguards ultimately prevent the breach of the TFEU. Economic research made it clear that excessive indebtedness to fund massive public projects would produce hyperinflation and should be avoided. Analysis of major macroeconomic indicators and technical analysis have produced evidence of likely economic contraction in the medium term.
Analysis of Pakistan’s policy towards Afghan refugees: a legal perspective
(Riga Graduate School of Law, 2021) Azam, Raja Irfan; Miļūna, Ieva; Riga Graduate School of Law
Pakistan hosts to the world's largest single population of Afghan refugees. However, despite Pakistan's long-standing acknowledgment of Afghan refugees, their legal status remains unclear. This is due to Pakistan's refusal to sign either the 1967 Protocol Relating to the Status of Refugees or the United Nations Convention Relating to the Status of Refugees (also known as the Geneva Convention). This paper investigates whether Pakistan's approach against Afghan refugees is in accordance with international law and human rights principles. Moreover, this paper seeks to provide a comprehensive response to the above question by highlighting the many difficulties that Afghan refugees have encountered as a result of a lack of consistent refugee legislation protecting their rights and providing recommendations on how the situation of Afghan refugees can be improved. Pakistan hosts to the world's largest single population of Afghan refugees. However, despite Pakistan's long-standing acknowledgment of Afghan refugees, their legal status remains unclear. This is due to Pakistan's refusal to sign either the 1967 Protocol Relating to the Status of Refugees or the United Nations Convention Relating to the Status of Refugees (also known as the Geneva Convention). This paper investigates whether Pakistan's approach against Afghan refugees is in accordance with international law and human rights principles. Moreover, this paper seeks to provide a comprehensive response to the above question by highlighting the many difficulties that Afghan refugees have encountered as a result of a lack of consistent refugee legislation protecting their rights and providing recommendations on how the situation of Afghan refugees can be improved.
Analysis of peacekeeping’s performance within the United Nation’s framework on the examples of Rwandan, Liberian and Somalian cases
(Riga Graduate School of Law, 2019) Agejeva, Viola; Miļūna, Ieva; Riga Graduate School of Law
The research focuses on the United Nation’s notable legal instrument of “peacekeeping” and examines its performance on the examples of three cases – UNAMIR, UNMIL and UNOSOM (that later on transitioned into UNOSOM II). The goal of the research is to evaluate the peacekeeping activities from the legal perspective and their executive performance within the framework of the organization and how well do they reflect the set legal norms and organization’s proclaimed ambitions on practice; and understand the major weak aspects of the existing framework, that hinder to the bigger extent the probability of organization’s flawless performance in regards to its policy.
Analysis of the CEAS in relation to the current crisis with asylum seekers
(Riga Graduate School of Law, 2021) Simonsen, Frederik; Ratniece, Laura; Riga Graduate School of Law
In order for the EU to handle the migration crisis, the Common European Asylum System (CEAS) has been implemented. It is a mechanism created to deal with all the formalities in regard to admission for protection of asylum seekers in the first place, ending with making sure the asylum seekers are safe and sufficient for life in the Member State where his/her life will further continue. Although the system has thoroughly been developed and is tailored to meet all the possible requirements which would formally be needed in order to receive asylum seekers, the general experience and operation of the system in practice is often not as efficient and transparent as it should be, if one were to solely refer to the components of the CEAS. Throughout this Thesis, the author will analyse the CEAS as a solution proposed by the EU in handling the inflow of asylum seekers as a result of the Crisis in the Middle East. The findings of the analysis will further be examined to understand how useful of a solution the CEAS has been in reality and what flaws does the system have in regard to future developments that could be made to the system.
Analysis of the evolution of the EU regulatory approach on virtual assets
(Riga Graduate School of Law, 2022) Rosta, Milad Humayon; Rācenāja, Ieva; Riga Graduate School of Law
The technological advancements of virtual assets are growing exponentially in numbers now providing better security and enhanced privacy for its users. Furthermore, users may scramble and tumble virtual assets disguising their records of transactions. Innovations such as these although allow users to enjoy enhanced privacy in a world of constant supervision and “liberalization” of currency from the state, has however also opened a milieu for criminals to operate in, allowing money laundering, terrorism financing, tax and sanctions evasion, and other financial crimes to go unnoticed. In that regard, this thesis focuses on how the European Union has managed to catch up with the continuous innovations in virtual assets in terms of managing to rein in and regulate the market.