TRANSBORDER AND TRANSNATIONAL HIGHER EDUCATION ACCREDITATION: THE LEGAL FRAMEWORK FOR RECOGNITION AND EQUIVALENCY OF FRENCH PRIVATE UNIVERSITIES "HORS CONTRAT" WITH INTERNATIONAL QUALITY ASSURANCE

Resumo

This research examines the legal and regulatory frameworks governing transborder and transnational higher education accreditation, with specific focus on French private universities operating "hors contrat" (outside state contract) that do not award diplômes nationaux but hold quality assurance accreditation from internationally recognized agencies. The central thesis argues that through UNESCO guidelines, the Lisbon Recognition Convention, ENIC-NARIC implementation mechanisms, and related international frameworks, a coherent legal structure exists whereby French private universities legally constituted under the Loi du 1er juillet 1901 and Code de l'éducation (Articles L.444-1 to L.444-11) but holding quality assurance accreditation from recognized international agencies should receive equivalency recognition comparable to—and potentially superior to—universities with state diploma-granting authority from countries with less robust quality assurance systems. This study analyzes the French regulatory environment for private higher education, international recognition conventions, regional agreements, bilateral frameworks, and scholarly literature to establish that legal incorporation in France combined with rigorous international QA accreditation provides a valid foundation for degree recognition and academic mobility. The research demonstrates that the principle of "substantial differences" under the Lisbon Convention, combined with ENIC-NARIC implementation mechanisms and INQAAHE guidelines, creates a legal pathway for recognizing qualifications from French private "hors contrat" institutions based on educational quality rather than state diploma status. Findings indicate that contemporary international higher education law increasingly privileges quality over jurisdictional formalities, establishing equivalency based on demonstrable educational standards and rigorous quality assurance rather than possession of state diploma-granting powers. This has significant implications for French private universities, students seeking international mobility, professional recognition, and the future evolution of transnational higher education governance.