Cantonal Court issues interim measure: Rector Zaimović can perform all duties

(Patria) - The Cantonal Court in Sarajevo on Friday, December 27, issued a decision postponing the execution of the decision from 10/24/2024 until the administrative dispute is concluded, in relation to the annulment of the election of the UNSA Rector Tarik Zaimović, which was made by the Cantonal Administration for Inspection Affairs (KUIP) and confirmed by the Ministry of Science, Higher Education and Youth of Sarajevo Canton, rejecting the appeal of the University of Sarajevo.

This decision of the Cantonal Court confirms the position of the University of Sarajevo, as well as the former UNSA Rector Rifat Škrijelj, that only the Senate itself or the court can decide on the decisions of the UNSA Senate.

Following the decision of the UNSA Senate on November 21, the University of Sarajevo initiated an administrative dispute against the Cantonal Court due to the decision made by the Cantonal Inspectorate, also requesting an interim measure, which the court granted.

On the other hand, the Municipal Court initially refused to register Rector Tarik Zaimović in the court register, and upon the appeal of UNSA and the former Rector Rifat Škrijelj, the Cantonal Court issued a decision revoking the decision of the Municipal Court and returning it for reconsideration. The Cantonal Court determined that the Municipal Court had unilaterally interpreted the election of the rector, instead of deciding whether the formal-legal conditions for the registration of the authorized person in the court register were met.

The Municipal Court in Sarajevo informed Patria that the judge, in the renewed proceedings, taking into account the instructions given by the Cantonal Court in Sarajevo, will make a decision after the hearing. Considering that the New Year and religious holidays are underway, the Court will conclude the proceedings immediately after that.

The decision of the Cantonal Court in Sarajevo states that the court considers the claims of the plaintiff (UNSA) to be well-founded, that the execution of the contested administrative act would cause damage to the plaintiff that would be difficult to repair, while the postponement of execution would not cause greater irreparable damage to the opposing party, nor is the postponement contrary to the public interest.

The Minister of Higher Education, Adna Mesihović, also commented on this decision of the Cantonal Court in Sarajevo, expressing her satisfaction with the measure taken.

"It is important that the postponement of execution allows for temporary continuity of work, especially regarding the issuance of diplomas, which until now had no one to sign, salary payments, realization of domestic and international projects, and preservation of the University's reputation. The Ministry will always respect court decisions and remain consistent with legal procedures and be dedicated to protecting the public interest," Mesihović stated.

It was precisely Mesihović who challenged the legitimacy of the elected Rector Zaimović and, without a court decision, demanded that the UNSA Senate elect an acting rector. Therefore, her statement can be interpreted as shifting responsibility, as she participated in processes that had consequences for the University of Sarajevo. It was precisely due to the obstruction of Minister Mesihović and the Minister of Finance of Sarajevo Canton, Afan Kalamujić, that the salary payment for 2,700 employees at the University of Sarajevo was blocked.

Rector Tarik Zaimović can now sign student diplomas, and the ceremonies have been postponed to January and February due to all the events.

Part of the decision of the Cantonal Court in Sarajevo