Концепт конституційної ідентичності та межі інтеграції у рішеннях Конституційної ради Франції

It is indicated that in the modern realities of deepening European integration, the problem of the limits of mutual influence of national legal systems and the law of the European Union is of particular relevance. Constitutional identity in our time acts as a mechanism for preventing changes that may harm the principles of the state system and constitutional values. The French experience is of interest for developing one of the options for such interaction, especially in terms of preserving fundamental constitutional principles. The article examines the concept of constitutional (national) identity in the French legal order as a category that determines the limits of permissible integration of the state, in particular, in relations with the European Union. The works of Ukrainian and foreign authors are analyzed from the point of view of revealing the essence of the category of “constitutional identity” and identifying the identity of the concepts of “constitutional identity” and “national identity”. According to Art. 4 (2) of the Treaty on European Union, the latter undertakes to respect the national identity of the Member States. In this context, the French approach is different in that the doctrine and the Constitutional Council of France, through their decisions, give the categories of identity a normative content, understanding the latter as a set of basic principles that cannot be limited without the consent of the constituent power. The evolution of the concept of constitutional identity with issues of European integration is shown through a number of decisions of the Constitutional Council of France, in particular, the decision of July 27, 2006, which first formulated the thesis that the transposition of EU directives into French legislation cannot contradict the principles that constitute the identity of the French Republic. The main elements of this identity are highlighted: the indivisibility of the Republic, the republican form of government, secularism, etc. Attention is drawn to the limited nature of constitutional control: the Constitutional Council does not evaluate the content of the norms of the European Union, unless there is a clear violation of the constitutional core. It is argued that identity in the French interpretation does not contradict the idea of European integration, but, on the contrary, ensures a balance between sovereignty and obligations to the European Union.