Tag Archives: Legislation

The Invalidity of Commercial Companies under EU Legislation (Published)

Directive 68/151 / EEC of 9 March 1968 on the coordination of safeguard measures against members and others to be accorded to member countries of undertakings in the meaning of the second paragraph of Article 58 of the Treaty , in order to make these measures equivalent to the whole community “, with all the care that is shown in the protection of the rights of third parties, has not forgotten to leave a path to address the invalidity of the establishment of commercial companies in cases of special. In this paper I will give my contribution in analyzing the invalidity of commercial entities under EU legislation. In a latter faze, I will elaborate the influences and harmonization of EU legal framework on Albanian legislation of commercial companies

Keywords: Commercial Companies, EU, Legislation

Introduction of the Tort of Negligence in the UK Legislation and Jurisprudence (Published)

In legal practice today, negligence has pride of place in tort. The majority of tort claims are for negligence and, even if other torts such as breach of statutory duty or nuisance are involved in a particular case, negligence is frequently claimed as well. This has not always been the case. Negligence is a relatively recent tort to emerge in its own right in the long history of tort. This scientific paper will introduce the tort of negligence by tracing the rise of fault as a basis of liability and commenting on the case of Donoghue v Stevenson[1]

Keywords: Fault, Jurisprudence, Legislation, Negligence, Tort

Recognition and Enforcement of Foreign Judgments and Arbitral Awards in Albania (Published)

This paper aims at providing an analysis of the Albanian legislation and jurisprudence on the recognition and enforcement of foreign judgments and arbitral awards in Albania. Such an analysis is especially relevant in the current situation of the development of Albania and in this crucial moment of its European integration process and the implementation of the Stabilization and Association Agreement with the European Union.The analysis is composed of three parts, starting with the definition of the foreign judgments and arbitral awards as enforceable orders. Also, apart from the Albanian legislation, the analysis includes the legislation of other European countries, as well as the impact in its domestic legislation of different international treaties on the recognition and enforcement of foreign judgments and arbitral awards.The paper is enriched with the analysis of the Albanian jurisprudence, among others by including the unifying judgments of the Joint Benches of the Supreme Court, because of their special leading role for the courts in Albania. Further, the analysis continues with the detailed procedure of the recognition and enforcement of foreign judgments and arbitral awards in Albania, ending with the conclusions.

Keywords: Arbitration, Court, Enforcement, Judgment, Legislation, Recognition

REGULATIONS OR LEGISLATION FOR DATA PROTECTION IN NIGERIA? A CALL FOR A CLEAR LEGISLATIVE FRAMEWORK (Published)

Personal information or personally identifiable data is a subject that people have become aware of the need to protect. And the challenge of legislating for data protection in today’s world is that which many nations have taken seriously. Nigeria as a developing nation appears not to be left out of this as the NITDA has released a set of guidelines in this regard as a means to offer some protection. This article examines legislations on the Nigerian landscape that resemble data protection legislation like the Official Secrets Act, the Freedom of Information Act and the most recent NITDA Draft Guidelines for data protection with a view to show the adequacy or otherwise. The guidelines were examined in some detail. The paper summarily compares the present landscape with the European Union standard and concludes that Nigeria does not have adequate data protection legislation. The paper concludes that strong legislation is desirable to protect personal data in Nigeria.

Keywords: Data protection, Guidelines, Legislation, Security, cyberspace

Pretending To Be Free: Oliver Wendell Holmes As a Victorian Revolutionary (Review Completed - Accepted)

Skeptical of Truth and of its assumed relation to public policy, Oliver Wendell Holmes tended to approve of legislation so long as it adhered to proper procedures. He had no need, unlike is great colleague Brandeis, to evaluate the substance of legislative acts. The entire process, irrational in its premises, was sufficient unto itself. He presumed the legislature reflected the public will, almost always devoid of reason. The judiciary’s sole role was to assess the legislature’s adherence to the rules of legislative procedure as laid out in the Constitution. Judges were arbiters of the rules not of the wisdom of legislation

Keywords: Enlightenment, Legislation, Louis Brandeis, Oliver Wendell Holmes, Policy, Procedure, Will

Addressing the Challenges of Data Protection in Developing Countries (Published)

Data protection is a vital tool to the development of any country. Certain challenges pose a threat to data protection in developing countries although the same challenges are evident in developed countries. For instance, technological advancement in information technology has challenged the existing mechanisms of data protection. Other threats to data protection as identified in this paper include inappropriate legislation, inadequate internet regulations, unethical computer users in the office, computer system mal-function, hardware failure, power blackouts and power failures. Certain remedies are necessary to counteract the challenges. Some of the remedies presented include internet regulation for users and internet service providers, computer ethics education and training among users, cross-border harmonization of laws on data protection and enforcement procedures, response to and preparing for power blackouts/power failures, response to system and hardware failures and introduction of national youth development forums and self employment initiatives. A conclusion is drawn from the challenges and the remedies discussed with great emphasis being laid upon curbing data crimes in the office work atmosphere, business atmosphere and stressing the need for strengthening the current legislation and enforcement procedures on data protection.

Keywords: Computer Ethics, Data Crimes, Legislation, Remedies, Threats