Extraordinary Session: UNSA Senate to Decide on Minister's Order and Initiation of Administrative Dispute Regarding Cancellation of Rector Election

By Amra Vrabac

The Senate of the University of Sarajevo will hold an extraordinary session tomorrow, during which it will consider the newly emerged situation after the Ministry of Science, Higher Education and Youth of Sarajevo Canton rejected the University of Sarajevo's appeal against the decision of the Cantonal Administration for Inspection Affairs, and ordered the cancellation of the tender and the election of the UNSA Rector, and the appointment of an acting rector.

While a coordinated action by the Cantonal Administration for Inspection Affairs and the relevant Ministry and Minister Adna Mesihović (ZNG) is underway, the Municipal Court in Sarajevo is simultaneously refusing to register the new rector Tarik Zaimović in the court register.

The Municipal Court in Sarajevo first requested additional documentation, demanding from the University of Sarajevo a "decision on the termination of the mandate of the former rector," an act not foreseen by law nor known to such an act. The Law on Higher Education of Sarajevo Canton and the Statute of UNSA clearly specify when the rector's mandate ends, and with the election of a new one who officially took office on October 1st, the entire process was concluded. However, even after submitting the documentation, the Municipal Court again refused to proceed with the registration.

Such an approach by the Municipal Court in Sarajevo raises the question of why a "non-existent decision" is being sought in this case, why it is being analyzed, and why the court is interpreting the election of the rector, which was not the case in 2016 and 2020 when the registration of rector Rifata Škrijelja was carried out.

The University of Sarajevo, as an institution enjoying autonomy granted by the Law on Higher Education and further by the UNSA Statute approved by the Ministry of Higher Education, is being placed in a disadvantageous position that could result in the dysfunctionality of the University of Sarajevo, which employs 2,700 people. It is difficult to imagine that a court would participate in such actions to put the oldest public university in a disadvantageous position and halt or hinder its work.

At tomorrow's session, the UNSA Senate, comprising 46 members, will clearly state its position on the Ministry's decision, which would annul more than 20 decisions made by the Senate during the tender procedure for the election of the UNSA rector. The UNSA Statute specifies who elects and dismisses the rector.

The last decision the Senate made regarding the election of the rector was on September 30, 2024, when it was confirmed that everything was done in accordance with the law.

After the Senate expresses its opinion on the Ministry's order, it will also take a stance on initiating an administrative dispute and requesting the determination of a temporary measure until the court proceedings are concluded, and will authorize Rector Zaimović to initiate the procedure.

The request from Minister Mesihović, which orders the appointment of an acting rector, cannot be fulfilled because the UNSA Statute clearly stipulates when an acting rector can be appointed, and those circumstances are not met.

We remind you that Rector Tarik Zaimović was elected in the second round of voting and received 24 votes, while his opponent Almira Hadžović-Džuvo received 21 votes. One vote was invalid.

If Zaimović had abstained from voting, the majority would have been 45 votes, and he would have won in the first round as he had 23 votes. Hadžović-Džuvo received 19 votes.