From the Verdict: Despite Konaković's Claim, Gavrankapetanović Returns to the Helm of the KS Health Insurance Fund

Former director of the Sarajevo Canton Health Insurance Fund, Faris Gavrankapetanović, has won a second-instance verdict against the Sarajevo Canton Government, which he sued after being dismissed from the position of director in September 2013, a news story that has considerably unsettled the KS Government, as well as Samir Turković, the director of the ZZO KS, Patria reports.

This news was also confirmed by the KS Prime Minister Elmedin Konaković, but he stated that the verdict does not mean Gavrankapetanović returns to the position of director of the ZZO KS. Patria is in possession of the verdict and key provisions that show Prime Minister Konaković was neither honest nor entirely clear in his media appearances.

The legal interpretation, in fact, is as follows: Gavrankapetanović has received a final court decision ordering his return to the position of director of the ZZO. There is no further appeal against this verdict, and it must be implemented immediately.

- The responsibility for implementation lies with the KS Prime Minister, not with the Government as a collective body. Failure to implement the verdict is a criminal offense. The same applies to the director of the ZZO, who must enable the assumption of the position. Their statement that they will not implement the verdict because the mandate has expired is a mockery of court decisions. The mandate was not 'consumed' due to the unlawful dismissal - says our source.

If Konaković does not implement the decision, Gavrankapetanović can request court enforcement, which entails depositing his signature instead of Turković's in the court register and taking possession accompanied by court police.

Konaković, however, claims that Gavrankapetanović's request is to collect from the Fund the salary for the period until the end of his mandate.

- I am not particularly optimistic about that because the manner of dismissal was clearly outside the procedures - said Konaković.

So, the Government is obliged to pay a larger sum of money, and Konaković is apparently not concerned by this fact, because citizens will certainly pay for the unlawful work of the Government, not those who are guilty that the money will have to be set aside.

Incidentally, the court decision has been delivered to the KS Government and the ZZO, stating that Gavrankapetanović returns to the position of director of the ZZO.

Such a decision will entail a series of consequences, because effectively all decisions on appointments made after Gavrankapetanović's departure will be annulled, and the issue of criminal liability of the Government, as well as the current management, will also be raised.

Gavrankapetanović was, in fact, dismissed by the Government in the previous term, which, like the current authorities in KS, was led by the SDA. After his dismissal, the former director of the Fund sought a temporary measure through the Court, i.e., to remain director until the court process is concluded, but such a request by Gavrankapetanović was rejected twice.

In the meantime, the KS Government, led by Prime Minister Elmedin Konaković, also dismissed Kenan Crnkić, regarding which a court dispute is also ongoing. The ZZO is now headed by Samir Turković, who became known to the public through several scandals, from incorrectly printed health insurance cards, salary increases, to phone bills of 2,000 KM.