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ME-ALLIANCE LEGAL UPDATE
On October 1, 2024, Federal Decree-Law No. 28 of 2024 was issued, amending certain provisions of Federal Law No. 1 of 1972 concerning the powers and jurisdiction of ministries.
The Decree specifies the powers of the Ministry of Education and establishes new ministries, including the Ministry of Higher Education and Scientific Research, the Ministry of Sports, and the Ministry of Family, The Decree outlines the powers of each of these new ministries.
The powers of the newly established Ministry of Higher Education and Scientific Research include:
• Propose and oversee policies, strategies, legislation, regulations, mechanisms, and programs for both public and private higher education.
• Creating policies related to student admission, distribution criteria across various specializations, and a comprehensive higher education plan for the country, aligned with societal and labor market needs, to enhance the quality and competitiveness of higher education in the state.
• Establishing unified standards and procedures for licensing both public and private higher education institutions, encompassing all higher institutes, vocational, technical, and technical training institutions. Licenses shall be issued to these institutions.
• Implementing standards for faculty and staff in public and private higher education institutions.
• Establishing standards, conditions, and mechanisms for the academic accreditation of academic programs offered by both public and private higher education institutions.
• Creating a national regulatory framework for classifying and evaluating public and private higher education institutions, to be implemented following Cabinet endorsement.
• Coordinating with relevant authorities to obtain international recognition for public and private higher education institutions and accreditation of their academic programs.
• Recognizing foreign higher education institutions and equivalencing their degrees and qualifications, and authenticating degrees and qualifications issued by licensed higher education institutions within the country in accordance with applicable legislation.
• Proposing and drafting policies and related to scholarships and fellowships both domestic and internationally; overseeing their implementation after approval by the cabinet.
• Proposing a comprehensive governance framework for federal government higher education institutions, encompassing the regulation of financial, administrative, and human resources matters within such institutions; and submitting the framework to the Cabinet for approval.
• Ensuring coordination and integration among the budgets of federal government higher education institutions.
• Proposing and developing policies and strategies to enhance scientific research, innovation, and knowledge transfer to both public and private higher education institutions.
• Establishing frameworks for knowledge partnerships between higher education institutions both domestically and internationally to facilitate knowledge transfer and keep pace with advancements in all academic and applied fields.
• Creating frameworks for cooperation and partnerships between higher education institutions within the state and institutions in the state’s priority economic sectors to enhance applied research, institutional innovation.
• Establishing and managing a comprehensive database of information related to higher education in the country, including free zones, in coordination with relevant authorities, and ensuring the integration of data exchange.
• Conducting specialized studies and research related to developing higher education policies in areas relevant to the ministry’s competencies, including monitoring, analyzing, and assessing regional and international trends, phenomena, and risks.
• Proposing the accession to or signing of international treaties and agreements and proposing memoranda of understanding and partnership agreements with Gulf, regional, and international countries, organizations, and bodies related to the ministry’s competencies, for signature or accession.
• Representing the State in regional and international organizations, exhibitions, and conferences in the areas under the Ministry’s jurisdiction, in coordination with the Ministry of Foreign Affairs and relevant authorities.
The Ministry of Education shall assume the authorities of the Emirates Schools Establishment and the Federal Agency for Early Childhood Education in all legislation related to the authorities set forth in Article 1 of this Federal Decree-Law, and in all rights and obligations, including those arising from contracts, agreements, or memoranda of understanding entered into by the Establishment or the Agency.
–Regarding the education sector:
–This Decree-Law abolishes Federal Decree-Law No. 15 of 2016 and,
– No. 43 of 2022. Existing decisions, regulations, and systems shall continue to apply until replaced.
–Existing decisions, regulations, and systems shall continue to apply until replaced.