Jedan pogled na ustavnopravne odnose Srbije i Crne Gore
One glance at the contemporary constitutional-legal relations of Serbia and Montenegro

Summary/Abstract: The new State Union Serbia and Montenegro, established by the Belgrade Agreement and the Constitutional Charter is facing the same or similar problems that burdened the functioning of the former federal state. This Union is a completely specific establishment that cannot be explained in legal sense from the point of view of known and recognized theoretical models of federation and confederation in constructional and legal science. The multi-annual chaotic situation and deep gap between the formal-constitutional and factual situation in relationship between member states was inherited from the time of former FRY. The Constitutional Charter just executed verification of the observed relations of political power in favour of member states without adequate institutional guarantees for a new division of power in favour of the Union. Today perspectives of political unity of Serbia and Montenegro are faded and uncertain. It seems indisputable that the reasons of the degradation and constitutional decadence in the relations of Serbia and Montenegro cannot be fully revealed by pure interpretation, but only legally and politically, thus in wider social and, at the end, cultural context. Multi-annual layers of authoritarian political culture today represent the key obstacle to achieving the elementary consensus on basic political values on which our constitutional consensus would be based. Only this kind of consensus as the 'elixir of life' of constitutional consensus, which cannot be seen here, may represent a pledge for more durable constitutional achievement.

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