The new law has outlined a clear legal path for the formation of the boards of trustees of public and private universities. Under this path, the Council for Education and Human Resources Development is responsible for nominating the chairpersons and members of these boards in accordance with the provisions of the Jordanian Universities Law, provided that the appointment of the chairpersons and members of the boards of trustees of public universities is issued by a Cabinet decision coupled with a Royal Decree.
In light of this role assigned by the law to the Council for Education and Human Resources Development in forming the boards of trustees, a legislative observation emerges regarding the method of forming the council itself. It includes members by virtue of their positions, alongside individuals of expertise and specialization named by the Minister and appointed by a Cabinet decision, without the law requiring their appointment to be coupled with a Royal Decree. It also includes the President of the Jordan Chamber of Commerce by virtue of his position, without the need for a Royal Decree for his membership in the council.
This is contrary to what was prescribed in the previous law regarding some members of the Higher Education Council, where the appointment of three academics with expertise and specialization and two experts in opinion from the private sector was made by a Cabinet decision based on the Minister's nomination, provided that their appointment decision was coupled with a Royal Decree. Meanwhile, the new law sufficed with a Cabinet decision to appoint individuals of expertise and specialization in the Council for Education and Human Resources Development.
This difference gains additional significance considering that the law made the Council for Education and Human Resources Development replace the Higher Education Council, which justifies questioning why a similar mechanism was not maintained in appointing individuals of expertise and specialization, especially those who do not hold public positions to which Royal Decrees were previously issued appointing them.
The importance of this observation increases given the competencies exercised by the council in shaping university leadership. It not only nominates to the Cabinet the appointment of the chairpersons and members of the boards of trustees of public universities, but it also nominates the appointment of public university presidents based on the recommendation of their boards of trustees, while both the appointment of the boards of trustees and public university presidents are coupled with a Royal Decree.
This difference does not raise any issue regarding the validity of the appointment procedures, as they are carried out in application of the prevailing legal provisions. However, it reflects a shift in the legislative policy regarding the formation of the national authority responsible for higher education, after the appointment of certain categories of experts and academics in the former Higher Education Council was coupled with a Royal Decree. This is a shift that deserves to be examined regarding its reasons and justifications, given the nature of the important competencies exercised by the council in the higher education sector and their direct impact on shaping its directions and selecting its academic and administrative leadership.
Alongside the reorganization of the national authority for higher education, the new legislation reveals a trend towards enhancing the role of university boards of trustees in university governance. In addition to its competencies in setting the general policy of the university, approving its plans, following up on their implementation, and overseeing its administrative and financial affairs, the board of trustees has come to play a direct role in selecting public and private university presidents in accordance with the provisions of the Jordanian Universities Law, where a Royal Decree is issued to appoint public university presidents.
In light of the foregoing, the formation of the boards of trustees under the new legislative system reflects a broader shift in the management of the higher education sector, based on reorganizing its national authority and enhancing the role of the boards of trustees in selecting university leadership. Despite the importance of this trend, the difference in the mechanism for appointing individuals of expertise and specialization in the Council for Education and Human Resources Development compared to that prescribed in the former Higher Education Council remains a legislative observation worth noting, given the pivotal role the council has come to assume in the higher education system.
* Professor of Constitutional Law at the Faculty of Law, University of Jordan
