Плурализам устава или уставних чинилаца? Конституционализација права Европске Уније и подељена сувереност
Pluralism Of Constitutions Or Of Constitutional Factors? Constitutionalization Of The EU Law And The Concept Of Divisible Sovereignty

Summary/Abstract: The doctrine of constitutional pluralism is considered to be an appropriate method for understanding and monitoring changes of the EU itself and, particularly, of its legal nature. Apart from such specific use, constitutional pluralism as a concept has very limited applicability in describing the legal nature of the EU. From a historical perspective, it is difficult to identify a single political community in which several constitutional systems coexisted. The European Union is a fine example of the differentiation between evolutive and revolutionary constitutions, for only in the case of evolutive constitutions is it possible to recognize another type of pluralism - the pluralism of constitutional factors.Considering the overall picture of the European Union, the applicability of the model of evolutive constitutionality seems to be far greater than the usefulness of the concept of constitutional pluralism. The concept of evolutive constitutionality is capable of allowing for the possibility that sovereignty may be divisible. This would also entail a conceptual decoupling of the quality of sovereignty from the concept of state, for it is evident that the European Union may not be regarded as a state. Divisible sovereignty does not amount to abandonment of the values of democratic governance and an accountable government.

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