حل مؤسسات التعليم العالي الأهلي (دراسة مقارنة)

The dissolution of the private higher education institutions (Comparative Study)

Abstract

When practicing its activities, administration enjoys certain privileges as a person under public law. It has the authority to issue administrative decisions, but the legislature may impose specific forms and procedures on the administration when issuing certain decisions. Therefore, the administration has no choice but to follow the path outlined by legislation. The decision to dissolve private higher education institutions is one of the most important decisions issued by the administration upon request from the entities specified by the legislation. The importance of the dissolution decision lies in its impact on the legal personality as it terminates the legal personality of private higher education institutions. Private higher education institutions are among the most supportive entities of public higher education in managing the higher education facility by providing university and postgraduate educational opportunities, disseminating knowledge, developing it, promoting scientific research, and contributing to quantitative and qualitative changes in society through their scientific, cultural, and social activities.
Recently, there has been a need for an increasing number of these institutions to accommodate large numbers of students. With this increase, the state and its authorities, whether executive or legislative, have shown greater interest in this sector, whether in Iraq or other Arab countries. Many legislations have been issued to regulate the work of these institutions. Perhaps the legislative system that established the regulations, requirements, and organized the work of private higher education institutions in Iraq is Law No. (25) for the year (2016) concerning private higher education. Just as legislation imposes provisions, regulations, and requirements for granting establishment licenses to these institutions, which marks the beginning of the legal personality of these institutions, it also sets out special procedures, regulations, and conditions for their dissolution, which marks the end of the legal personality of these institutions by a dissolution decision. Behind the dissolution decision, there are reasons and justifications, including legal and realistic ones. The effects of the dissolution decision are reflected in the termination of the legal personality on the assets of the legal entity and the manner of liquidating them on one hand, and on various entities dealing with private higher education institutions, including students, teaching staff, and employees of these institutions, on the other hand.
In light of this, legislations specify the competent authority to issue it and establish the required conditions for the administration to issue it in accordance with the principle of legality. This ensures the protection of individuals’ rights and the realization of the public interest. According to the constitutional principle, the dissolution decision is not immune from challenge before supervisory authorities; it is subject to the supervision of administrative justice on one hand and other administrative bodies specified by the legislator on the other hand. Our study of the topic of dissolving private higher education institutions required a comparative study divided into three chapters. The first chapter dealt with the nature of dissolving private higher education institutions, the second chapter included the legal provisions for the decision to dissolve private higher education institutions, and the third chapter included the legal effects of the decision to dissolve private higher education institutions and its oversight, with an introduction and conclusion that included the results and recommendations