Ukrainian constitutional identity in the context of European integration

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October 4, 2024

Today, on  October 4, 2024, the Third Mariupol Constitutional Forum “Ukrainian Constitutional Identity in the Context of European Integration”, organised by the Constitutional Court of Ukraine with the support of the Council of Europe Office in Ukraine and the OSCE Support Programme for Ukraine, is taking place in Kyiv.

The event brought together legal practitioners, scholars, national and international experts, representatives of bodies of state power and educational institutions to analyse the current challenges our state facing.

The Constitutional Forum was opened by the Judge of the Constitutional Court of Ukraine Oleksandr Petryshyn, who on behalf of the Court addressed the participants with a welcoming speech and stated that the topic of the Forum is extremely relevant, given the difficult conditions in which our state is currently engaged.

The CCU Judge recalled that the First Mariupol Constitutional Forum was held in September 2021 in Mariupol at the initiative of the Constitutional Court of Ukraine and with the support of our international partners. The event was dedicated to a complex topic: “Human Dignity and Human Rights Protection in the Context of Social Transformations”, and it provided an opportunity to discuss important social issues.

The Second Mariupol Forum was held in October 2023 in Kyiv and was the next stage in the development of this tradition. The event was dedicated to constitutional challenges in the context of the post-war recovery and European integration of Ukraine.

“And today we have assembled again, at the Third Forum, to continue an extremely important discussion about the future of our state and its constitutional identity,” the CCU Judge underscored. He emphasised that the participation of leading scholars, national and international experts is crucial and will provide an opportunity to get new ideas and approaches to addressing current issues.

Oleksandr Petryshyn expressed his gratitude to the Armed Forces of Ukraine, defending our state on the battlefield.

Deputy Head of the Office of the President of Ukraine Iryna Mudra, in her opening remarks, stressed the importance of the topic, noting that today the Ukrainian constitutional identity covers key principles, values and norms that define the foundations of Ukrainian statehood, socio-political system and legal system. The principles on which the Ukrainian constitutional identity is based are sovereignty, independence, democracy, the rule of law, high standards of human rights and freedoms, and equality of all before the law.

“The constitutional identity of Ukraine is formed on the basis of the historical experience of state-building and modern aspirations for integration into the European legal space, while preserving national identity,” speaker pointed out. She underlined that the rule of law, independence of the judiciary and protection of fundamental freedoms are key elements of the European legal tradition.

According to her, the discussion around this topic requires attention to the threats to constitutional identity posed by the armed aggression of the Russian Federation, which has been going on for more than 10 years; the challenges and opportunities for state-building that arise in the process of integration into the European community of Ukraine; the components of constitutional identity and the role of the Constitutional Court in its preservation and further development.

The participants of the event were addressed by Pierre Baussand, Chief of Operations of the OSCE Support Programme for Ukraine. He expressed his deep gratitude and admiration for the Ukrainian people, noting their unparalleled resilience in a war that has been lasting for ten years.

Over the past few years, Ukraine has gone through many important events. It was granted EU candidate status, and yesterday NATO Secretary General Mark Rutte assured that he looks forward to the day when Ukraine becomes a Full Member of the Alliance. This is a tremendous achievement for a country that continues to struggle and at the same time undertake large-scale reforms.

Pierre Baussand emphasised that it is Ukrainians who have become the cornerstone of their state’s stability and they have a key role to play in its future. In this context, he called for special attention to be paid to discussing the gender aspect of the constitutional identity of Ukraine.

He also stressed the importance of respecting the fundamental rights of every citizen and underlined the role of the Constitutional Court as a fundamental institution for ensuring the rule of law.

Erlend  Falch, Deputy Head of the Council of Europe Office in Ukraine, welcomed the recent positive developments in the field of constitutional justice. He assured that the Council of Europe will continue to provide unwavering support to Ukraine, helping it to align its constitutional processes with European standards.

According to him, the Council of Europe has three core goals: democracy, the rule of law and the protection of human rights. These principles are the cornerstones of the organisation’s activities, which attaches particular importance to the role of the Constitutional Court of Ukraine as a guarantor of these values, in particular in the context of the country’s constitutional identity.

Erlend Falch also emphasised the importance of adhering to European standards of justice, especially in the work of the Constitutional Court Judges. He emphasised the need to study the case law of the Court of Justice of the European Union, as this is even more important in view of Ukraine’s status as a candidate for EU membership.

He concluded by expressing his admiration for the resilience of the Ukrainian people, who defend their national identity on the battlefield and continue to uphold European values: democracy, human rights and the rule of law.

Andrii Ovsiienko, Representative of the Commissioner in the Courts System and Rights to Fair Trial and Representation in the Constitution Court of Ukraine, Oleksii Smyrnov,  First Deputy Head of Luhansk Regional State Administration, and Andriy Rempel, Acting Deputy Mayor on the activities of the executive bodies of the Mariupol City Council, also addressed the participants of the event with welcoming speeches. They emphasised the significance of constitutional identity of Ukraine in the context of war, European integration and the challenges facing the state.

The programme of Forum includes discussion of many key issues, including not only constitutional identity, human rights, gender equality, but also others that have a direct impact on the future of our state.

 

 

  

    

 

 

Developed with the support of OSCE Project Co-ordinator in Ukraine
© 2024 Constitutional Court of Ukraine