Fifth/Lastsession for drafting a Prototype University Statute

Joint EC/CoE Project

“Modernising the Management and Governance Capacities of BiH Universities”

Neum, June 10/11, 2005

Report

Background Information

In 2003 and 2004 the EUA undertook Institutional Evaluations of 7 BiH Universities in the frame of this joint EC/CoE Project. The Evaluations were presented together with a set of recommendations, one of them being the institutional integration of universities in BiH. The institutional integration is expected to be finalised with the adoption of a Higher Education Legislation at State Level in BiH.

To prepare the universities’ integration, two series of workshops were launched in the frame of the joint EC/CoE Project, with the support of all members of the Project Steering Board (CoE, EC, BiH university rectors and the relevant ministries in charge of education). One series of workshops was dedicated to assist the BiH universities in drafting a prototype statute for an integrated university in BiH. For this purpose, a working group was set up consisting of three representatives of each (public) university in BiH and of two CoE experts.

The first session in October 2004 was dedicated to a general introduction on legal framework conditions for university statute and to institutional responsibilities of universities in the Bologna Process, including a report on presently existing statutes at public universities in BiH and an outline of contents for an integrated university statute.The contents for the prototype statute (an outline of chapters and articles) were defined at the second session in December 2004. The following three drafting session served to elaborate the defined chapters. After each session, the preparation of the next chapters was divided and assigned to the different members from BiH universities and the CoE experts.

The agenda of this fifth and last workshop comprised

  1. Finalising the Chapters VII, X and XII; some open questions had remained from the fourth drafting session that needed consultation with the universities before being finalised.
  2. Elaborating the Chapters XV to XIX, XXI and XXII, on the basis of preparations made by the working groups.
  3. Review and endorsement of the drafted prototype
  4. Report on the statute revision process at BiH universities and discussion on potential use/impact of the finalised document for BiH universities
  1. Finalising the Chapters VII, X and XII

The amendments of the working group to articles in the Chapters VII (Rights and Duties of Organisational Units of the University), X (Organisation of University Studies) and XII (Teachers and Associates) are documented in annex 2.

The clarified issues concerned

  • the attribution/distribution of administrative overheads from externally funded projects or donations within an integrated university (Chapter VII, Article 20),
  • the protection of the universities’ publishing rights (Chapter X, Article 65 and 66),
  • the definition of the maximum period in which students are to accomplish their studies (and its implications for the university) (Chapter X, Article 41 and 45),
  • the minimal required qualifications for the position of a teaching assistant (Chapter XII, Article 85 and 86) and the need to be reformulate following the introduction of the three cycle study system.
  1. Elaborating the Chapters XV to XIX, XXI and XXII

Drafts and proposals for the chaptersXV to XIX, XXI and XXIIhad been prepared by 7 universities and were dispatched to the participants beforehand.The drafts of the universities in West-Mostar, Sarajevo and Tuzla followed their recently revised University Statute. The finalised version is documented in annex 2.

Main points of discussion

  • Chapter XV, University Bodies: General consensus was achieved on the necessity to involve students in managerial decisions of the university. It was concluded that the proportion of students’ representation in their university’s decision making bodies should align with the European average (15-30 %).
  • Chapter XVI, Bodies of Organisational Units: It was concluded that the Deans’ position should be open for staff members with the academic status/grade of a “docent”.
  • Chapter XVII, Student Organisation: The plenary differentiated between the students’ role and representation within the university – to be determined in the university statute– and external student organisations (NGOs) as an integral part of civil society whose status should be determined under the respective public law.
  • Chapters XXI By-Laws of the University and the Procedure of Enactment, and XXII Transitional and Final Provisions as well as Chapters II, III and IV: It was concluded that these Chapters are an integral part of an individual university statute but need no further elaboration in the prototype.
  1. Review and endorsement of the drafted prototype

The members of the drafting group endorsed the drafted prototype in the version to be found in annex 2. A last “technical review” shall be undertaken through the prototype’s circulation by Email before the text is proceeded to the relevant stakeholders for further comments (CoE experts, Project Steering Board, BiH Rectors’ Conference, EUA, EC and others).

  1. The statute revision process at BiH universities and the use/impact of the finalised document for BiH universities

The drafting group members reported on the statute revision process:

All members await the revision of their university statute once the Higher Education legislation on state level is adopted.

  • University of Zenica

expressed its satisfaction with this project, stressed the importance of an exchange on statutory issues at BiH level and the added value through the background information provided by the CoE experts.The accomplished work in this project provides anexcellent basis for the revision process. Another positive impact is expected through the fact that the accomplished work will improve coherence between the statutes of universities in BiH.

  • University of Tuzla

Despite the accomplished integration of the university of Tuzla, the drafting process of a prototype statute is helpful for further elaboration of the existing statute, through the exchange of experience with colleagues from other universities and the expertise provided by the CoE experts. A new Cantonal Law is in progress requiring a statute revision in the near future. The university statute of Tuzla will not only be harmonised with their new Cantonal law, but also with the finalised Prototype Statute.

  • University of Sarajevo

The University of Sarajevo is actively working towards an integrated university structure.A new statute was drafted in 2004 in accordance with European standards (not yet adopted).At the initiative of the Rector, significant revisions were undertaken in the drafting process of the new statute in order to assure the analogy of the new university statute with the prototype statute and consequently the harmonisation of university statute throughout BiH.

  • University of Sarajevo East

The university’s statute dates from 1996/97. The urgently needed revision is planned on the basis of the finalised version of the prototype statute. The university is well-informed on the drafting process of the prototype statute and actively participated in the preparation for the 5th session. Also, it was agreed with the University of Banja Luka, to jointly elaborate one university statute version for both Universities in order to establish a coherent system based on the prototype statute.

  • Džemal Bjedić University

The statute and Cantonal Law are outdated, both urgently need revision (Law from 1990!). The university statute will be revised on the basis of the finalised version of the prototype statute until the end of July 2005.The University’s representatives are members of a working group at Djemal Bjedić University which is charged with elaborating the revised Statute once the prototype statute is finalised.All members of this working group as well as the Rector and deans closely followed the drafting process of the prototype statute.

  • University of Bihać

The statute and Cantonal Law are outdated, both urgently need revision. The university’s statute will be revised on the basis of the finalised version of the prototype statute. The drafting process is considered very helpful, especially the new information (cycles, evaluations) provided by the CoE experts and the possibility to harmonise university statues at BiH level.. The Cantonal Ministry follows and supports the work in this drafting group.

  • University of Banja Luka

Due to the university’s size, the implementation difficulties are similar to those of the university of Sarajevo. Therefore the rectorate closely followed the work in this drafting group and decided to share only the finalised prototype statute with the “lower” levels, to minimise the potential resistance to the impending reforms at lower levels. It was agreed to join forces with University of East Sarajevo when drafting their Statute.

  • University (Sveučilište) of Mostar

A new Statute has recently been elaborated and adopted by the University Senate and awaits the adoption of a Cantonal or State Law before its implementation.Estimated 90% of the prototype statute is included in the university statute. The question of the legal statute/integration of organisational units remains to be solved. Thefinalised prototype statute will be shared with all university staff/bodies.

Conclusion

This last drafting session proceeded in a remarkably constructive and cooperative atmosphere and concluded in a joint declaration calling upon all relevant stakeholders in BiH to provide the necessary framework conditions and legislation to fully implement BiH’s obligations in the frame of the Bologna Process, thus assuring the full integration of BiH's universities in the European Higher Education Area.(annex 3)

The final discussion elaborated on

  • The lack of a legal framework setting the foundation for the implementation of university reforms in general and of a statute for an integrated university in particular.
  • The usefulness of the drafting process: For the first time there was forum for BiH universities to discuss solutions for reform issues of common concern.
  • The obligation of BiH to adopt a National Framework for Qualifications in the European Higher Education Area until 2007 (following the Bergen Communiqué) and the willingness of the working group members to play a part in developing and implementing this framework.
  • A questionnaire which will be distributed for final comments and suggestions by all drafting group members (see annex 5).
  • Suggestions for the editing process:

The difference between statutory and legal matters. The representatives from Sveučilište Mostar suggested to include respective annotations in the final publication.

The need for non-ambiguoussuggestions/solutions in the finalised prototype statute and the possibility to offer alternatives for various issues according to practice examples from other countries.

  • The further procedure after accomplishment of the draft statute. It was agreed that the draft resulting from the five drafting sessions should be revised by the CoE experts and presented to the Project Steering Board members (including the BiH Rectors’ Conference) for comments before its publication in summer 2005.

Annex

1.workshop agenda

2.finalised version of the prototype statute

3.joint declaration

4.list of participants

5.final questionnaire

10 May 2005

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