RESPONSE OF THE RECTOR OF THE UNIVERSITY OF ZENICA TO THE ADOPTED PROPOSAL TO AMEND THE LAW ON HIGHER EDUCATION OF THE ZDK UNDER THE URGENT PROCEDURE

Dear Mr. Prime Minister,

I would like to express my deep concern about the recently adopted Proposal for Amendments to the Law on Higher Education of the ZDK, which gives the Government the power to dismiss the rector of the university through the university's board of directors. This Bill seriously violates the autonomy of the University, which is crucial for preserving academic freedom and the independence of educational institutions.

University autonomy is not only a legal issue, but a fundamental principle on which any free and progressive society is built. The direct interference of politics in university management can lead to undesirable pressures and decisions that are not in the interest of the academic community or students.

The adoption of the law by which the Government assumes the authority to dismiss university rectors represents a precedent, which can have far-reaching consequences for the academic community and the entire society. This move seriously threatens the fundamental values on which education rests - independence, freedom of thought and autonomy.

The government should be the guardian, not the destroyer, of academic autonomy. Universities must remain free from political influence in order to fulfill their mission: to educate young generations, promote research and serve as a platform for the free exchange of ideas. The use of legislative powers to directly interfere in the management of universities, of which there are many examples, is a serious threat to those principles.

It is very strange how the Law Amendments were passed. In strict secrecy and without the knowledge of the Senate of the University of Zenica, without the knowledge of the Rector of the University of Zenica, the students of the University, these amendments to the law were passed, so I wonder for whom this act is passed?

An amendment to Article 62 of the Law on Higher Education was adopted by adding two paragraphs.

Thus, paragraph (4) of the aforementioned provision prescribes: "If the senate does not dismiss the rector of a public university and the director of a public higher education institution for the reasons specified in paragraph (3) of this article within 15 days of receiving the proposal for dismissal, the board of directors dismisses the rector of the public university and director of the public high school"

Based on this amendment, it is clear that the goal of the ZDK Government is to replace the rector who is not eligible, and everything is contrary to the Framework Law on Higher Education in BiH and the decisions of the Constitutional Court. The tendency of the amendment of the Law on Higher Education is for the board of directors to manage the University, which is unheard of in academic institutions.

The Management Board adopts the Rules of Procedure, and if it has the authority to dismiss the rector, the question arises as to what kind of institutional freedom of the university we are talking about, and it is guaranteed to us by the Framework Law on Higher Education of BiH. I would like to mention that the Government of the Zenica - Doboj Canton appointed the majority of the members of the Board of Directors of the University of Zenica.

I further point out that Article 18 of the Framework Law on Higher Education stipulates that the rector of a public university is elected by the senate on the basis of a public competition.

I am warning you, Prime Minister, that the Constitutional Court has expressed its views on the issue of the election of the rector, the adoption of the statute three times, according to judgments U22/18 for the University of Tuzla, U10/21 and U9/22 for the University of Zenica. Disobeying the decisions of the Constitutional Court is a criminal offense and the University of Zenica will demand the responsibility of all those persons who participated in the violation of the decisions of the Constitutional Court, regardless of the position they hold.

I am quoting only part of the text from the Decision of the Constitutional Court U10/21 "In that sense, he believes Constitutional Court, it is clear that the ratio of the number of members from among 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 more members than representatives of the founders in the board of public higher education institution, the possibility of political influence is reduced (op. cit. U-22/18, item 30)."

These judgments dealt with the election of the rector with the request of the ZDK Government's consent, and that was annulled, and today it is being taken a step further so that the board of directors can dismiss the rector.

I invite you to reconsider this decision, the way of implementing the new legal solutions and consider the possible consequences for the education system and academic standards in our canton.

Zenica, 02.09.2024. year

RECTOR OF THE UNIVERSITY OF ZENICA

Prof. dr. Jusuf Durakovic