The case of Jovo Bakić: Undue pressure on the Faculty of Philosophy

The Faculty of Philosophy in Belgrade responded to a letter from the Ministry of Education requesting the Faculty to state whether it dissociated itself from Professor Jov Bakić's statements that the citizens of Serbian President Aleksandar Vučić and his supporters will run around the streets.

"The bodies of the Faculty are not obliged to declare themselves on the views and statements of employees made in their personal name, outside the workplace and in the capacity of a citizen," states the answer of the Faculty signed by Sinani. 

As assessed, the request for the Faculty authorities to declare the employee's statement, given in that capacity, would be contrary to the basic principles of a modern democratic state based on the rule of law and would represent undue pressure on a higher education institution, whose autonomy is guaranteed by the Constitution. 

The faculty will not encroach on the personal sphere of the individual 

Sinani goes on to state that the legal and moral responsibility for a publicly expressed word is individual and subjective, not collective and objective. 

"The faculty has no right, nor intention, to determine whether the employee's statement, which is not related to his labor law status, violates a certain law or other regulation, he is not invited to evaluate and judge such statements and may not unlawfully encroach on the personal sphere of an individual ", the answer of the Faculty emphasizes. 

The Dean further refers to the provisions of the Constitution, laws and other general acts, which must not be neglected when considering the issues raised in the Ministry's letter. 

He reminded that the Constitution of Serbia, as well as the Law on Higher Education, prescribe the autonomy of the University.

The right to freedom of expression

He also emphasizes that the Labor Law does not recognize a violation of work obligations or work discipline in the case of giving opinions and public expressions of views, especially if they are given outside the workplace and outside working hours.

In his response, Sinani points out that the Code of Professional Ethics of the University of Belgrade states that "members of the university academic community have the right to public speaking and freedom of expression, including performances in front of the public and in the means of public communication, as well as the free expression of views in printed and electronically available materials." ".

Also, the Code states that "members of the university academic community may not directly or indirectly prohibit, hinder, limit or in any way condition the public performances of other members of the academic community, i.e. the freedom of expression in those performances." 

Sinani hopes that the next letter from the Ministry will refer to the improvement of the working conditions of students and employees at the Faculty of Philosophy, but also to the improvement of the collapsed education system in Serbia. 

The letter from the Ministry of Education to the Faculty of Philosophy is a precedent that has never happened in the academic history of the University of Belgrade.

ZS/FoNet