RS authorities claim they will not implement the decision of the Constitutional Court of BiH: Higher education and students between entity and state jurisdictions

(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 Republika Srpska, adopted in 2020, because they are contrary to the Constitution of BiH and the state Framework Law on Education, adopted in 2007.

From Republika Srpska, attacks on the Constitutional Court of BiH have not ceased following this decision. Officials state that in this case they will adhere to the decision of the National Assembly of Republika Srpska on non-implementation 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 Republika Srpska, Biljana Vojvodić, whose jurisdictions overlap with the state Agency for Development of Higher Education and Quality Assurance of BiH.

The issue of education falls under the jurisdiction of the entities in 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 adopted in 2007, with clearly defined jurisdictions.

The entity of Republika Srpska 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 Republika Srpska 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 there were two agencies from BiH because representatives of the Agency from Republika Srpska also 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 process for faculties and study programs, and prescribes standards for quality assurance. However, from this agency, they state that they will continue their work and will not respect the decisions of the Constitutional Court of BiH.

"Since its establishment in 2011 until today, the Agency has faced permanent attempts to challenge its jurisdiction in the field of quality assurance in higher education and to transfer it to the level of institutions of Bosnia and Herzegovina, and this political decision of the Constitutional Court represents a continuation of these attempts. Through consistent application of legal acts and international standards in this field, 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 (associate member), CEENQA, and INQAHEE. In the coming period, the Agency will continue to perform its activities in accordance with the laws and regulations of 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 that states the entity agency conducts the procedure for recognition of foreign qualifications (diplomas).

However, the Agency for Higher Education of Republika Srpska emphasizes that the Constitutional Court of BiH made a political decision and refers to the decision of the National Assembly of Republika Srpska on non-implementation of the decisions of the Constitutional Court of BiH.

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 jurisdictions of the state agency include, among other things, determining criteria and providing recommendations for accreditation, maintaining a register of accredited faculties and universities, establishing quality standards for studies, and representing BiH in international quality organizations, i.e., everything that the entity of Republika Srpska subsequently regulated with its law.

National imbalance in the state agency

When it comes to the Agency for Development of Higher Education and Quality Assurance of BiH, whose seat is in Banja Luka, a national imbalance is evident.

In the last two years, only two civil servants have been employed in the Agency. In this agency, the majority of employees are of Serbian nationality, and they also hold most of the leadership positions. For 15 years, no Bosniak has been promoted to a managerial position, and the directors of this Agency have not taken care of this.