The Faculty of Law at the University of Karbala discussed the master’s thesis entitled “Cancellation of the founding license – a comparative study” by the student Tawfiq Adel Taher.
The study aimed to show that individual activity is no less important than public activity in satisfying public needs, which requires finding the appropriate legal ground that guarantees this activity freedom and effectiveness and at the same time the legitimacy of not violating the legal rules and not subject to administrative sanction, foremost of which is the penalty of canceling the establishment license with the need to recognize the importance of Individual activity for the public administration as it contributes to filling a large part of the increasing individual needs.
The study reached a number of results and recommendations, the most important of which is that the authority of the administration to cancel the establishment permit is a discretionary authority, and the decision is issued based on the requirements of the public interest and the realistic or legal circumstances surrounding the public facility, and the cancellation decision is subject to appeal. It also called on the Iraqi legislator to stress the definition of the conditions for establishing private universities and colleges, as they have recently increased in a striking way, and this has resulted in the accumulation of many graduates who have not yet obtained jobs.