Tag Archives: Legal Framework

Central Bank Digital Currencies: To issue, or not to issue, that is the question- Legal and Economic Implications in the EU and, the Albanian Perspective (Published)

This research paper aims to serve as an added value to enrich the literature regarding the Central Banks Digital Currency and all its possible implications impacting the financial system. Our focus is on analysing CBDC from different perspectives, by analysing the motivations and concerns that lead countries with different economic conditions to introduce for their public this innovation as well as, to analyse the implications it poses due to significant fields of banking sector at whole, in terms of commercial banks, monetary policy of central bank or all the spikes that may happen in financial stability. The imminent allocation of crypto currencies has been the catalyst which has prompted Central Banks of various countries in Europe and beyond, to launch complex studies focusing on the implementation of macroeconomic policies in the context of digital currency issued by Central Banks. In prima facie overview, this process will be accompanied by various challenges, ascertained these challenges in the economic field but also in the legal one.  This research paper, inter alia, aims to analyse the legal regulatory framework at the level of the European Union, taking into account the potential implications, material and procedural difficulties as well as, the economic effects that may derive from the issuance of digital currency issued by Central Banks. Along with analysation of EU legal framework in this research paper shall be analysed also the perspective of the Republic of Albania, as a candidate country for membership in the European Union which has the obligation to harmonize legislation with the aquis communiter.

Citation: Sibora Skenderi (2022) Central Bank Digital Currencies:  To issue, or not to issue, that is the question. Legal and Economic Implications in the EU and, the Albanian Perspective, European Journal of Accounting, Auditing and Finance Research, Vol.10, No. 8, pp.56-77

Keywords: CBDC, Central Bank, European central bank, Legal Framework, digital currency

Examination of the Legal and Institutional Frameworks of Medical Law in Nigeria (Published)

This paper examines the legal and institutional frameworks of medical law in Nigeria. The health sector has significant and considerable multiplier effect on virtually every facets of a country. The economic, industrial, technological and agricultural advancement of a country cannot be isolated from the state of the health of the citizens. Therefore, it is a truism that a healthy nation is a wealthy nation. Medical law being the legal regime that regulates the health sector, the prerogatives and responsibilities of medical professionals as well as the rights of patients; this head of law, is very significant. If the rights of patients, the duties of medical professionals and health institutions in Nigeria are to be protected, enhanced and developed, attention must be paid to Nigerian’s medical law. Medical practice in Nigeria is bedevilled with a number of challenges, ranging from legislative imbroglio to institutional dysfunctions which consequently enmesh the health sector in sporadic cases of medical negligence, violation of patients’ rights, breach of confidentiality, protracted discipline cases of medical practitioners and abuses. Existing research work by learned writers and jurists focus mainly on patients’ rights and negligence. Most of the research works do not examine the legal regime of medical law as well as the institutional framework for the enforcement of patients’ rights and discipline of medical practitioners. This academic work uses the doctrinal method of legal research to examine existing literature, articles, legislations and judicial authorities; to expose the legal and institutional dysfunction in medical law in Nigeria with a view to providing functional and holistic legal regime that will strengthen medical law in Nigeria. This work identified gaps in existing legislations in medical law in Nigeria; it exposes the non-justifiability of the constitutional provision on health in the Nigeria’s constitution as well as weak institutional framework for enforcement of medical law. At the end of the work, it is recommended that the various medical or health law in Nigeria should be amended to incorporate contemporary trends in medical practice; massive education of the citizenry should be done to educate people about their health rights and strong institutions should be put in place for the enhancement of medical law in Nigeria.

 Citation: Olabanjo Ayenakin, Temidayo Akindejoye, and Itunu Kolade-Faseyi (2021)  Examination of the Legal and Institutional Frameworks of Medical Law in Nigeria, Global Journal of Politics and Law Research, Vol.9, No.6, pp.12-24

Keywords: Legal Framework, institutional framework, legal regime, medical law

An Examination of the Legal Framework for Curbing ATM Fraud: The Nigerian Banking Industry in Perspective (Published)

One of the innovations introduced in the banking industry in Nigeria to fast-track banking processes is the use of Automated Teller Machine (ATM). The deployment of ATM in the banking Industry in Nigeria coupled with the increase in the number of bank customers and branches resulted in the increase in the propensity to commit fraudulent practices through the use of ATM by fraudsters. Fraudsters have devised various means to commit the ATM fraud and swindle customers. Regulatory and institutional mechanisms have been put in place to combat incidences of ATM fraud in the banking industry in Nigeria. This article, therefore, examines these regulatory and institutional mechanisms in the banking industry in Nigeria and make appropriate suggestions for reforms.

Keywords: ATM fraud, Legal Framework, Nigerian Banking Industry

Are These Cracks Foundational? Situating Local Government Performance in Nigeria within the Context of Its Legal Framework (Published)

The obvious bellow-the-mark performance of Nigeria’s 774 local governments is a key reason for the call from various quarters of the Nigerian society that it be scraped. Today this third tier of government in Nigeria is synonymous with wanton corruption and gross underperformance. This paper attempts a pathology of these glaring cracks and discovers that they are only mild manifestations of a foundational defect, as key provision of the constitution upon which the local government system is premised are faulty, and ties the local government to the whims and caprices of the state that most times uses it as an avenue for political manipulations, embezzlement and the outright misappropriation of funds. Nigeria local governments are therefore weak, lack funds and bereft of the needed autonomy to perform optimally, as wells as meet the development intent for their establishment. This paper among others recommendations calls for broad and far-reaching constitutional amendments/local government reforms that would re-craft and reposition this vital tier of government to meet up with the development challenge of the 21st century.

Keywords: Cracks Foundational, LGA Performance, Legal Framework, Nigeria

CYBER PORNOGRAPHY: AN ANALYSIS OF THE LEGAL FRAMEWORK (Published)

The focus of the paper is on cyber pornography as a related content of cybercrime and the analysis of legal framework. Cyber pornography is a new set of crimes in cybercrime beneath cyberspace which fundamentally and centrally falls under the application of information and communication technologies. The paper discusses the legal framework of cyber pornography with a view to identify the relevant laws with particular reference to the legal position. The discussion is limited to cyber pornography which covers the use of depict images in the internet. The methodology of the paper adopted is doctrinal approach method wherein relevant data collected were analysed and the finding brought out. The finding of the paper reveals that countries should adapt sex education policy for both the children and the parents on the existence of using internet in circulation of unpleasant images and further recommends that children should not hesitate to report any incidence of gross indecency against any person to their parents and law enforcement agencies.

Keywords: Cyber pornography, Internet, Legal Framework, Nigeria

TAX CHALLENGES OF E-COMMERCE IN NIGERIA: THE PANACEA FOR LEGAL JURISPRUDENCE (Published)

The strides in information and communication technology (ICT) makes e-commerce a critical and inexorable feature of the global economy. In modern trend, significant numbers of transactions are consummated online. In Nigeria, it is no longer news that Central Bank of Nigeria (CBN) is promoting a ‘cash-less policy’ to drive development and modernation of our payment system in line with Nigeria’s version 2020 goal of being amongst the top 20 economies of the year 2020. This paper seeks to examine the tax framework to reflect the realities of modern transactions, establish a basis of taxation that arrests leakages and enables tax authorities to capture revenue that would otherwise have continued to leak. The researcher recommends the legal frame work of e-commerce taxation which has to be amended to reflect the global taxation principles of e-tax in our tax laws as a sovereign state so that investors and business carried on online should be taxed. Also that our tax policy and compliances to the regulatory authorities such as FIRS(Federal Inland Revenue Services)should be enforced on defaulting businesses, individuals and corporate entities as wells government agencies and departments to minimize tax evasion and avoidance.

Keywords: Assessment and E-Payment, Cybercrime, E-Commerce, ICT, Internet, Leakages, Legal Framework, Taxation