Supreme Court rules definitively in favor of FBiH Government in dispute with former KCUS Supervisory Board chairman

(Patria) - The Supreme Court of FBiH has issued a ruling rejecting the request of the former chairman of the Supervisory Board (NO) of the University Clinical Center of Sarajevo (KCUS) for the protection of individual freedoms and rights guaranteed by the Constitution of FBiH.

Namely, with a final ruling of the Supreme Court of FBiH dated 31.10.2024, the process regarding the dismissal of the former chairman of the KCUS NO, Izmir Hadžiavdić, was concluded by rejecting the request for the protection of individual freedoms and rights guaranteed by the Constitution of FBiH as unfounded.

The court proceedings began after the FBiH Government, by its Decision on the dismissal of the KCUS NO dated 4.10.2023, dismissed the chairman and members of the KCUS NO due to loss of confidence, specifically chairman Izmir Hadžiavdić, and members Namik Džanković and Bosanka Horozić.

Only Hadžiavdić filed a request for the protection of rights and freedoms guaranteed by the Constitution of FBiH with the Cantonal Court in Sarajevo against this decision, while the other two dismissed NO members did not initiate court proceedings.

Let us recall, the Cantonal Court, by its decision dated 28.12.2023, granted Izmir Hadžiavdić's request and determined that the FBiH Government and the Prime Minister of FBiH, by the decision of 4.10.2023, had violated the applicant's right to equality before the law, guaranteed by the Constitution of FBiH, prohibited the FBiH Government and the Prime Minister of FBiH from further illegal actions, and ordered the FBiH Government and Prime Minister to take necessary measures to restore the legal situation concerning the applicant as it was before the decision of 4.10.2023.

In the further course of the proceedings, following an appeal filed by the FBiH Government, this decision was annulled by the Supreme Court of FBiH and returned to the Cantonal Court for re-adjudication, which, in the repeated proceedings, rejected Izmir Hadžiavdić's request as unfounded.

This was followed by a re-decision by the Supreme Court of FBiH, this time upon Izmir Hadžiavdić's request, which was granted, after which the Cantonal Court ruled in his favor for the second time.

Finally, after the FBiH Government filed a request for review of the court decision with the Supreme Court of FBiH, the highest court in FBiH, in a full jurisdiction dispute, definitively rejected Izmir Hadžiavdić's request as unfounded.