European and Constitutional Identity: The Content of Concepts and the Need for their Harmonized Interpretation
Year: 2026
Type: article
Abstract: The article examines the challenges of correlating the concepts of European and constitutional identity in the context of Ukraine’s European integration. The author provides a detailed analysis of the origin and development of the constitutional identity concept in the jurisprudence of the Federal Constitutional Court of Germany and other EU member states, including France, Italy, the Czech Republic, and Hungary. Particular attention is paid to distinguishing between European and constitutional identities, and identifying the fundamental principles and values that form the "constitutional core" of the Constitution of Ukraine. The author argues for the necessity of their harmonized interpretation to prevent conflict between national and European legal orders. Based on the practice of the Constitutional Court of Ukraine, the first signs of the constitutional identity doctrine's formation in national constitutional law are identified, particularly regarding the state language status and the protection of the essential content of fundamental human rights and freedoms. Recommendations are proposed for harmonizing Ukraine’s legal system with the European public order in the context of post-war recovery and EU accession.
Source: Problems of Legality
Author: Stanislav V. Shevchuk
Institution: Yaroslav Mudryi National Law University
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7224833581