Agency for Higher Education of RS Does Not Execute the Decision of the Constitutional Court of BiH: Although It Has No Jurisdiction, It Signed an Agreement with Hungary

(Patria) - The Constitutional Court of BiH at its session on September 29 annulled about ten articles and points of the Law on Quality Assurance in Higher Education of the Republika Srpska, adopted in 2020, because they are in conflict with the Constitution of BiH and the state Framework Law on Education, adopted in 2007.

Attacks on the Constitutional Court of BiH from the Republika Srpska have not ceased following this decision. Officials state that in this case they will adhere to the decisions of the National Assembly of the RS regarding the non-application of the decisions of the Constitutional Court of BiH. This was confirmed by the relevant Minister of Education, Željko Budimir, and the director of the Agency for Higher Education of the RS, Biljana Vojvodić, whose competencies overlap with the state Agency for Development of Higher Education and Quality Assurance of BiH.

The entity agency continued on its own path, and at the end of November, Director Vojvodić signed a cooperation agreement with the Hungarian Accreditation Committee.

“The two agencies held an online meeting on November 27, 2023, during which presentations were given on the work of both agencies, the framework of operation, procedures for external and internal quality assurance, and future forms of cooperation in the field of quality assurance in higher education were discussed. The agreement, which defines the joint commitment of the two agencies to the development of a quality culture in higher education, was signed by the President of MAB, Prof. Dr. Valéria Csépe, and the Director of AVORS, Prof. Dr. Biljana Vojvodić. The agreement also envisages cooperation in the development of standards and criteria in the field of quality assurance in higher education, possible exchanges of experts and reviewers, as well as agency staff, and participation in external evaluation procedures. The Hungarian Accreditation Committee, based in Budapest, is responsible for accreditation procedures of higher education institutions and study programs in Hungary,” AVORS announced.

The issue of education is within the competence of the entities in the Republika Srpska and the ten cantons in the Federation of BiH and the Brčko District as a special administrative unit. However, the state Agency for Development of Higher Education was established in 2008, a year after the Framework Law on Higher Education was adopted in 2007, with clearly defined competencies.

And the entity RS established its agency for higher education in 2011.

Given the Framework Law at the BiH level, laws at lower levels should be harmonized. However, in this case, the Agency for Higher Education of the RS worked parallel to the state one, submitted applications for membership in international organizations, and represented the entity outside BiH, which created confusion among numerous European partners.

Sources of Patria from the state agency (HEA) say that such a situation created the illusion that the state agency does not exist, i.e., that it was about two agencies from BiH because representatives of the Agency from the RS appeared simultaneously.

Also, the Constitutional Court of BiH annulled the provisions that the entity agency for higher education recommends issuing a work permit for a higher education institution, conducts the accreditation procedure for faculties and study programs, and prescribes standards for quality assurance. However, this agency states that it will continue its work and will not respect the decisions of the Constitutional Court of BiH.

"Since its establishment in 2011 to the present day, the Agency has faced constant attempts to challenge its competence in the field of quality assurance in higher education and to transfer these competencies to the level of institutions of Bosnia and Herzegovina, and this political decision of the Constitutional Court represents a continuation of these attempts. Through the consistent application of legal acts and international standards in this area, the Agency has, despite everything, positioned itself in the European Higher Education Area as a respectable institution in the field of quality assurance, as evidenced by the Agency's achievements on the international level and memberships in ENQA (affiliate member), CEENQA, and INQAHEE. In the coming period, the Agency will continue to perform its activities in accordance with the laws and regulations of the Republika Srpska and BiH, and international standards in the field of quality assurance," the Agency announced on September 29.

The Constitutional Court of BiH also annulled the provisions of the law regarding the part stating that the entity agency conducts the procedure for recognizing foreign qualifications (diplomas).

The Agency for Development of Higher Education and Quality Assurance of BiH has not commented on this decision, and due to the specific composition of the Agency's Management Board, it is clear that there is no unified stance.

The competencies of the state agency include, among other things, establishing criteria and giving recommendations for accreditation, maintaining a register of accredited faculties and universities, setting quality standards for studies, and representing BiH in international quality organizations, i.e., everything that the entity RS subsequently regulated with its own law.

Although it is a matter of protecting the State Agency, none of the parties of the troika dealt with this problem nor warned their coalition partner Milorad Dodik that he cannot unilaterally transfer competence. This is also one of the examples that BiH does not speak with one voice, which is the first condition of the European Union.

(A. Vrabac)