Commentary on the statement of the sports coach, i.e. the president of the Working Group on Amendments to the Law on Higher Education of the ZDK

The University of Zenica is still under attack from various actors who, abusing their positions, inappropriately and without argument, present untruths and everything they believe can help them "push through" unconstitutional amendments to the law. Unfortunately, although the same scenario has been repeated several times, these individuals do not bear any responsibility for the lies they have told and the public damage they have caused to this higher education institution. However, we must look back at the latest statements of the sports coach in the position of Assistant Minister of Education, Science, Culture and Sports.

Without going into how the sports coach came to be the Assistant Minister in the Higher Education Sector, nor how his wife was employed at the "Nedžad Ibrišimović" Student Dormitory in Zenica during the mandate of the same minister who also employed him as the Assistant Minister of Education, Science, Culture and Sports, the question naturally arises as to how, in addition to dozens of university professors and renowned practitioners in the field of legal sciences and practice, a sports coach can be appointed to the position of President of the working group for the preparation of the draft Amendments to the Law on Higher Education.

The legal amendments have already been discussed several times, drawing attention to the fact that the proposed amendments are unconstitutional and that they are only intended to benefit certain individuals, because members of the Working Group can be recognized behind the proposed amendments. The proposed amendments contain nothing related to financial control or the introduction of order in financial operations, nor to improving the status of the University or raising standards and quality in the field of higher education.

The whole story about the misuse of finances at the University is absolutely false and represents an attempt to overthrow the current management of the University. The University has had 40 inspections and an internal audit by the new authorities and no one has found any irregularities. Quote from the Minutes of the Budgetary Supervision carried out by the Budget Inspector:

"We emphasize that the budget inspector did not find any irregularities in connection with the submitted request for exceeding the planned funds for entertainment and gift expenses." (attachments submitted)

The applicable regulations contain all the necessary mechanisms for preventing financial abuse and provide a wide range of possibilities for sanctioning all perpetrators of this type of offense. In this regard, we note that there are elements of any abuse of position and funds at UNZE, the members of the management would have been removed from their positions long ago. Constant checks and all possible commissioned supervision were unsuccessful and did not confirm the aforementioned arbitrary and unfounded allegations, so that the only possibility left was defamation through abuse of the media. The appointed president of the commission refers to the manner of election of the management bodies at the University of Zenica and states that the government's consent was not given for the election of one of the vice-rectors. In this regard, we refer to the decision of the Constitutional Court of BiH U 10/21, which states under point 35: "The Constitutional Court concludes that the disputed Article 55 of the ZVO ZDK, which stipulates that the election and appointment of the rector, vice-rector and director of a public higher education institution by the senate must be conditioned by the prior consent of the senate by the founder of the public higher education institution, is not in accordance with Article 18 of the Framework Law of BiH, which establishes that the rector of a university is elected by the senate as the highest academic body." Based on this decision, the competent bodies of ZDK were obliged to change, i.e. harmonize the cantonal law with the Framework Law of BiH, which they later did.

The University of Zenica once again draws the legislator's attention to the fact that the proposed amendments violate the Constitution of BiH and that the Constitutional Court of BiH will again determine a violation of the Constitution by the ZDK, so in this regard, the question arises as to what model the competent authorities of the ZDK are building their relationship with the Constitution of BiH and the decisions of the Constitutional Court of BiH?

The allegations that the University allocates certain funds for the engagement of lawyers are arbitrary and unfounded, given that the same is done in accordance with the authorities arising from applicable regulations, and with funds provided for in the University's budget, but the obvious problem is the fact that the University has so far won all the disputes it has brought against the relevant Ministry of the ZDC.

Contrary to blanket statements, the Trade Union and the Student Union are independent bodies that have no connection with the University management and that act independently through their representatives. Neither the student representative nor the Trade Union representative is accountable to the Assistant Minister, since they are not under his control, and the fact is that these are legitimate representatives whose function or legitimacy is not questioned by anyone except the authorities.

Regarding the abuse of office, the Assistant Minister forgot to mention that his Ministry even sent an inspection to the student association, for which of course there is no legally prescribed jurisdiction and authority, and with the aim of providing a specific person, who has all the benefits in the Ministry, as is also visible through the amendments to the law, with additional powers at the University to the detriment of other students. Sending an inspection to the student association was in the function of intimidating and placing all segments of higher education under its control, noting that the appointee in his previous capacity as an advisor to the minister, also unsuccessfully tried to organize student protests against the current rector.

The reason for the frustration and dissatisfaction is probably that the assistant minister was not elected to the title, for which he did not meet the basic legal requirements, and there is an insistence on amendments to the law, in such a way that the Governing Board is provided with the authority to grant appointments to titles. Of course, in this context, it is important to note that the majority of members of the Governing Board of the University of ZDK are appointed directly by politics, i.e. government bodies, which is directly contrary to the decision of the Constitutional Court of Bosnia and Herzegovina No. U 22/18, which states: "The ratio of the number of members from the ranks of the founders in relation to representatives of the academic community means a greater possibility of political influence and a lower degree of real institutional autonomy and vice versa - when representatives of the academic community have a greater number of members in relation to representatives of the founders in the governing board of a public higher education institution, the possibility of political influence is reduced."

It is a devastating fact that, without explanation, the Ministry has not accepted new study programs at UNZE that would enable children from the Canton of Zenica to study in Zenica (e.g. Electrical Engineering and Information Technology), a new collective agreement has not been signed that would enable the improvement of the standards of UNZE employees, who now, according to recently published official data, have the lowest incomes in BiH, while all other budget users in the canton have had their incomes increased, and that it is also avoiding filling vacant positions even in the event of the death of an employee.

Finally, we call on the President of the Commission - Assistant Minister to stop "pushing" unconstitutional amendments to the law, to state untruths about the employees and the way the University functions. You should perform your function honorably and in accordance with the Constitution and the law, taking into account the interests of higher education and the citizens of ZDK, whose interest cannot be to cause damage and disparage the University and its representatives, that is, the most important institutions of higher education in the canton, where their children study, who as future academic citizens have clearly condemned this attitude and behavior.

Zenica, January 15, 2025.

                                                                                                                                              UNIVERSITY OF ZENICA

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