Rector Duraković's reaction to Minister Kozlić's statements

Although I believe that it would have been much better if we had prepared the law on higher education within the framework of the Working Group for Drafting the Law on Higher Education of the Zenica-Doboj Canton, which would have avoided this kind of controversy, I am forced, as Rector of the University of Zenica, to give my opinion on I am giving the draft law on higher education through the media and to discuss it with Minister Kozlić in this way.

Honorable Ministers, the Draft Law on Higher Education does not bother only the Rector, the Draft Law did not receive the support of the Senate of the University of Zenica, it did not receive the support of the Union of the University of Zenica, nor the Union of Students of the University of Zenica.

All members of the Senate of the University of Zenica, as the highest academic body at the University, were of the same opinion, namely that the Draft Law on Higher Education must be harmonized with the Framework Law on Higher Education of BiH, i.e. The law, which is hierarchically above the Law on Higher Education of the Zenica-Doboj Canton, must also be harmonized with the decisions of the Constitutional Court of Bosnia and Herzegovina No. U 10/21 and U 22/18.

I warn you, Minister, that you must take into account the Rules of Procedure of the Government of the Zenica-Doboj Canton, which in Article 25, Paragraph 2 prescribes the following "The proposer of the material is responsible for the proposal of the material submitted for consideration at the Government sessions to be in accordance with the Constitution, in force laws and implementing regulations". You have proposed a Draft Law on Higher Education that is not in accordance with the Framework Law on Higher Education of BiH, nor with the aforementioned decisions of the Constitutional Court of BiH.

A public hearing on the subject of the Draft Law on Higher Education was held in the amphitheater of the Faculty of Metallurgy and Technology of the University of Zenica on April 5, 2022. years. Given that a law on higher education is being passed in the Zenica-Doboj canton, where there is only one University, we expected that you would attend that debate as a proponent and professor at several faculties of the University of Zenica. It would be good if you answered the numerous questions that were asked in the almost full hall of the amphitheater, in the presence of a large number of professors and employees of the University of Zenica, rather than expressing populist views through the media about cosmetic changes to the current Act on Higher Education, and consciously you keep quiet.

I cannot agree with you that the new Draft Law on Higher Education strengthens institutional autonomy and academic freedom at the University of Zenica, even if it is the opposite.

I will only comment on the important items that you mentioned, and I will not comment on the cosmetic ones that are not so important.

You mention that during the election of the rector and vice-rector, according to the new Draft Law, the consent of the founder is not required. I remind you that this is the result of the decision of the Constitutional Court of Bosnia and Herzegovina, which ordered the Assembly of the Zenica-Doboj Canton to amend the Law on Higher Education within 6 months, because the existing Law has not been harmonized on that issue and it is not the result of your assessment, because if it is you would have done long ago, given that you are responsible for higher education.

You state in the Draft Law that the statute as the highest act is passed by the senate with the positive opinion of the board of directors. You do not state that the current Law on Higher Education defines that the statute is adopted by the board of directors with the prior consent of the founder, which is why an appeal for the constitutionality assessment was again initiated, which refers to which body adopts the statute. According to Article 12 of the Framework Law, the statute is adopted by the senate with the previously obtained opinion of the management board of the higher education institution. Nowhere in the text is a positive opinion stated. In the same article of the Framework Law, it is stated that the statute of each higher education institution must be in accordance with this Law. Why does the board of trustees interfere in academic matters? Only academic issues are dealt with in the senate. According to the current regulations, any new study program, new faculty that would possibly generate costs for the budget can be stopped by the Government and the Cantonal Assembly, because they give final consent to the establishment of new faculties and study programs.

If a positive opinion is required from the board of directors, which is contrary to the Framework Law on Higher Education of BiH and if the founder has the majority of members in the board of directors, I wonder where the institutional independence is and where are the academic freedoms that are guaranteed by the Framework Law, and about which you you speak.

You state that vice-chancellors actively participate in the work of the senate without the right to vote. This solution exists only at the University of Sarajevo, but most of the members of the Board of Directors are from the academic community. At all long public universities: Tuzla, Bihać, Mostar, East Sarajevo, Banja Luka, vice-chancellors have the right to vote. If you already say that this is in accordance with legal logic and the principles of law, why didn't you abolish the right to vote for vice-deans on scientific-educational councils, who vote for the dean, and are elected by the scientific-educational council on the proposal of the dean. You obviously have other motives.

In this way, the Framework Law is violated again, because Article 16 defines the following: "The number of members, composition and way of working of the senate is determined by the statute of the higher education institution". With this, you again denied the right of the senate to independently regulate basic issues that are within its jurisdiction.

I absolutely do not agree that this is the most liberal Draft Law on Higher Education, even more so! It is enough to look at the penal provisions and inspection supervision. You are introducing the responsibility of a natural person for another natural person, creating legal constructions that do not exist. In essence, considering the number of articles of the Draft Law on Higher Education, which regulate inspection supervision and penalties, the question arises whether this is the new value that we get with this law.

Honorable Minister, if the Rector is not satisfied with the Draft Law because the Draft Law is not harmonized with the Framework Law, if the Senate of the University of Zenica is not satisfied with the Draft Law, which unanimously supported all objections to the Draft Law, if the Union of the University is not satisfied with the Draft Law and if the Union of University Students is not satisfied with the Draft Law, and they are the reason for the existence of the University, then I really wonder who needs this kind of law on higher education.

I sincerely hope that you will carefully analyze all the remarks from the public debate held at the University of Zenica and that the Government of the Zenica-Doboj Canton, in the procedure of drafting the proposal, will determine the draft law on higher education of the Zenica-Doboj Canton, which will be harmonized with the Framework Law on Higher Education Bosnia and Herzegovina, in order for the academic community to receive what belongs to it.

Rector of UNZE
Prof. Jusuf Duraković, Ph.D

Source: Zenicablog