ТЕОРИЈСКЕ ДИЛЕМЕ НА ПУТУ ИЗГРАДЊЕ ЕВРОПСКОГ УСТАВА У ОДСУСТВУ КОНТИНЕНТАЛНОГ ДЕМОКРАТСКОГ СУВЕРЕНА
THEORETICAL DILEMMA OVER THE EUROPEAN FEDERAL CONSTITUTION IN THE ABSENCE OF EUROPEAN DEMOCRATIC SOVEREIGN

Summary/Abstract: In the context of European integration process, which has for more than a half of century successfully avoided the dilemma of its finalité politique, the following question arises: How close have the two seemingly confronted ideas of constitution become, the one of an irrevocable decision of democratic sovereign who is aware of his own political existence, and the other of an open and never-ending process of deliberation and consensus-seeking among the territorially and non-territorially organized communities of interests? This paper demonstrates that the two theoretical positions captured in the treaty-constitution antinomy – the one proclaiming that the European treaties have already been replaced by a European Constitution, the masters of which have become European citizens and the other arguing that the European treaties are but simply international treaties in a classical sense, the masters of which firmly remain member states – tend to mistreat the facts of this historically unprecedented political functioning of federal community.

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