Шмитов изазов теорији и пракси федерализма
Schmitt’s Challenge to the Theory and Practice of Federalism

Summary/Abstract: In the scientific literature dealing with the subject of federalism, the work of Carl Schmitt has generally been avoided to a great extent. At first glance, it seems understandable, if we take into consideration that Schmitt is, as a rule, considered to be the opponent of pluralism and the coryphaeus of etatism. Shedding light on the most significant aspects of his constitutional theory of federalism, the author attempts to prove in this paper that scientists, by avoiding Schmitt’s work, deprive themselves of deep insights into the true nature of complex political communities. Observing that within the federation he dilemma of sovereignty “floats freely in the air”, Schmitt succeeds in avoiding incomplete theories that either reject this dilemma as an irrelevant one or, conversely, seek to reconcile federalism with sovereignty. If the issue of sovereignty within the federation is tackled on the level of social and political reality, it is resolved by a political decision after which sovereignty ceases to exist, having been transformed into a federal state or becoming a mere confederation. The author presents Schmitt’s theory of federation as a challenge to the theory and practice of federalism. The author considers Friedrich’s understanding of federalism as a process to be the most consistent conceptual answer to Schmitt’s federal dilemma,. Finally, the author examines the relevance of Schmitt’s theory of federation in the context of the federal process of European integration, indicating that the process has up to now offered an inconclusive solution to Schmitt’s federal dilemma

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