Centre for Civic Education (CCE) submitted today an Initiative to the Agency for Prevention of Corruption (APC), urging the prompt opinion on the Law on Amendments to the General Law on Education, which reinstates the provision granting the Minister the power to appoint and dismiss directors of public educational institutions.
The CCE reminds that for more than a decade, the critically oriented NGO sector has been advocating for the abolition of the provision giving such power to ministers, as it has been proven to be a resource abused by political parties. This was confirmed by APC in its 2021 opinion. Among other things, APC at the time recommended that the Ministry responsible for education, when drafting a new legal framework in this area, revise the procedure for appointing directors of educational institutions so that the minister no longer has this authority. Instead, this responsibility should rest with the school or governing board, especially considering that the Ministry’s interests are represented through members of these boards, along with the interests of the employees, students, and parents, ensuring that their decisions reflect the best interests of the schools.
The CCE believes it is crucial for APC to reaffirm this stance by issuing a new opinion, given the education system’s vulnerability to political influences and the consequences that follow.
The persistent advocacy of the civil sector and a few politicians who approached this issue without personal gain, along with the aforementioned opinion of APC, contributed to the adoption of amendments around a year and a half ago, which opened the space for the decentralization and democratization of this system.
Unfortunately, these reforms were deliberately and maliciously reversed by the latest amendments to the law, passed by the ruling majority based on a proposal of a group of MPs from the Europe Now (PES) during an extraordinary session in August. This came after the President of the country had returned the law, citing precisely the aforementioned reasons, but the amendments were still adopted in September 2024.
The CCE points out that the Ministry of Education, Science, and Innovation is finalizing its work on further amendments to the General Law on Education, with the draft text published on its website for public consultation, making it urgent and necessary for APC to issue its opinion.
It is in the public interest for APC to provide its recommendation to the drafters of the law so that the current flawed solutions, which pose real and damaging risks to integrity and create opportunities for corruption, do not remain in force.
The CCE expects APC to act with priority and principle in this case, thereby demonstrating its own integrity.
Snežana Kaluđerović, Senior Legal Advisor