European and Constitutional Identity: The Content of Concepts and the Need for their Harmonized Interpretation

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.

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Publication Details

Journal
Problems of Legality
Published
2026-10-30
DOI
https://doi.org/10.21564/2414-990x.174.373437
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
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article

European and Constitutional Identity: The Content of Concepts and the Need for their Harmonized Interpretation

Stanislav V. Shevchuk
2 links
Problems of Legality
European and International Law Studies
article

European and Constitutional Identity: The Content of Concepts and the Need for their Harmonized Interpretation

Stanislav V. Shevchuk
article en

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.

Problems of Legality(174)
Yaroslav Mudryi National Law University (UA)
Peace, justice, and strong institutions
Openalex Percentile: Top 4%
European and International Law Studies
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