French nationality

A person is known as of French nationality when it is governed for its civil laws by the Civil code of the French and for her civic right or political by the Constitution of the French Republic and particularly her Préambule. A certain number of standards, habits or uses, often called cultural, which govern French nationality are not explicitly formulated in the substantive law, like the fact of speaking the French language before he is added in 1992 to article 2 of the Constitution.

One counts approximately 64,1 million French in 2007 nationals of the metropolis and DOM-TOM.

One speaks about French nationality, not only for the individuals, but also for the Moral persons, associations, companies, ships, etc… which concern the French jurisdictions and are controls by the French right because of their statutes and of their domiciliation.

The quality of French is opposed to that foreign , i.e. of anybody governed by the right of another country.

The concept of nationality does not have an effect as for the validity of the penal laws and the payments of public administration insofar as those apply to all the people or things which are on the territory of a country.

The texts of right and jurisprudence on the European Citoyenneté establish that French nationality gives right to the European Citoyenneté, and that the citizens of the Union have the same rights as the French.

What a French?

The Old Mode

As of the Lower Empire, with the Great invasions, the question of nationality arises with all the jurisdictions which have to know causes which imply people of various origins which decline the Roman law and are claimed of their own right.

After the Gallic period where one is before any compare to his tribe, the French of the Early middle ages is of his village, with the limit of his area, without more. Since one was born in France from French parents and that one resides permanently in France, one is French. The only texts governing the relationship between Gallo-Romans and Francs are levelling laws adopted towards 510.

Under the Old-Mode, the expression French nationality does not exist and one indicates by the régnicole epithet all those which are prone policies of king de France, in opposition to two names: that of aubain , concerned with another Ban, i.e. of another right and another justice that those bringing out from the crown of France, and that of foreign (" alter-gens"), pertaining to another people.

It is by jurisprudence on the question of the vice of perigrinity , i.e. impossibility where is a foreigner whose civil condition is not, by definition, not regulated by the statutes and habits of France, that the birth in France of foreign parents makes it possible to profit from the right to succeed to them (the practice of the exclusion from abroad of these rights will however know a deceleration at the 18th century). By a decree of the Parliament of Paris on February 23rd 1515, from now on is not regarded any more as aubain any newborn of foreign legitimate parents on the ground of France, in condition of having always resided there until the moment of the opening of their succession. The September 7th 1576, the Parlement of Paris takes a solemn stop, the Arrêt Mabile, which recognizes like Française a girl born in England of two French parents. It is an extension of the juice soli , Droit of the ground, with a national civil statute of the people which starts to release by a sythèse local rights.

It is thus wrongly that, during the presidential campaign of 2007, the candidate Le Pen (Front National) affirmed that the right of the ground had been instituted for the Italian immigrants.

One can for a long time grant already French nationality to foreigners. Since the reign of François Ier, these naturalizations are a royal exclusiveness. Between 1660 and 1789, a study gives a report on 6000 letters of granted naturalities .

French revolution with the national Revolution

With the Révolution, nationality is defined by the Constitution, but in 1804, it is with the unification of the civil law in the Civil code of the French that one can truly speak about a French nationality . After the laws of automatic naturalization of 1790 for all the foreigners having at least 5 years of residence in France, the Napoleon Code imposes the modern concept of nationality on France, but also on the rest of Europe. Nationality is from now on an attribute of the person who is transmitted by filiation. It does not depend any more of the place of residence. On the other hand, the first grinding of the Civil code makes the dead end on the right of the ground: a newborn in France of foreign parents is not considered any more as a French. The foreigner born in France obtains however his naturalization on request in the year which follows its majority. The steps are difficult and expensive and they are not very widespread. The foreigners born abroad must initially obtain a “admission in residence” before requesting long and expensive request for naturalization. These “admissions in residences” were not obligatory to reside in France, but made it possible to select “virtuous and useful men”.

The provisional government of the II {{E}} Republic vote the March 28th 1848 a decree authorizing the naturalization from all abroad residing in France for at least five years, but as of 1849, the first government of Louis Napoleon Bonaparte has positioned back the system of the “admissions to residence”, always so expensive. In 1867, one brings back from five to three the number of years of obligatory residence to launch a procedure of naturalization (1865 in Algérie).
As of 1818, the problem of the exemption of military service for the foreigners born in France arises. It is however necessary to await the February 7th 1851 to see the vote of a law restoring, in fact, the right of the ground. The law of 1851 is rather liberal and makes it possible abroad to repudiate its French nationality in order to escape the military obligations. It is the choice made in the majority of the cases, also, in 1874, one restricts this possibility of repudiating French nationality by claiming with the plaintiff the production of certificate of its government. Half of the quota concerned manages to escape the army by this skew.

In 1891, the Northern account the strongest proportion from abroad, but the half of this population is native of France and rejected French nationality, primarily for military reasons. Under the pressure of the elected officials of North, but also of Algeria, the law of the June 26th 1889 gives French nationality as of its birth to any individual born on the French soil. The possibility of repudiating French nationality is abolished. The law of 1889 removes moreover “admissions in residence”, and all the foreigners from now on are invited to declare itself in town hall.

The Franco-German businesses enter then concerned in particular following the adoption of the new law on German nationality inviting its fellow-citizens to take abroad nationalities of “pure frontage” and always to keep in mind the interests of Germany. This law between in force on January 1st, 1914. The August 2nd 1914, France founds in reaction a license of residence for all the foreigners.

It can be noted that France was one of the first countries to envisage the Dénaturalisation. Philosopher Giorgio Agamben underlines fact that the French law of 1915 which allows the denaturalisation of the naturalized citizens of “enemy” origin is one of the first examples of legislation of this type, which was taken again thereafter by the Nazi S, in Germany with the Lois of Nuremberg of 1935.

In spite of the demographic bleeding of the Great War, the French deputies await the August 10th 1927 to adopt a law of easing of naturalizations. This new procedure allows a doubling of manpower.

The debate is not only Franco-French but implies on the contrary a major foreign influence: the racist theories resulting from a certain vision of the Darwinism. These clearly racist theories which manage to influence the adoption of laws of the United States in Germany and Canada in Italy do not touch France.

Immigration reaches tops and the maintenance of the land of welcome principle is sometimes unpopular in times of crisis; it is the case in the Années 1930 where the refugees fleeing the fascistic, communist or different modes, are perceived like the persons in charge of unemployment. Laws of National preference are then adopted like this law of April 1933 prohibiting the medical practice the abroads. The same type of measurement is taken for lawyers the following year.

In spite of these reactions supporters of corporatism, France preserves all the same its land of welcome vocation and to the approach of the war, as of the April 12th 1939, an Order in Council invites the foreigners to join the French Army, naturalization with the key. Moreover, all the recipients of the Political asylum are subjected to the conscription. One then beats all the records as regards naturalization, in particular because of the rallying of many Spanish refugees but also, and especially, of the Italian flood which represents with final close to 60 % of these naturalized wave 1939 - 1940.

Under the Mode of Vichy

Post-war period

The abrogation of the laws of Vichy is done at the rate/rhythm of the reconquest, since 1943 in Corsica North Africa and , in 1944 in the Hexagon. The new code of nationality is adopted in 1945 and it provides in particular that the woman can from now on transmit French nationality. Naturalization is reformed: one passes by again from three to five years of residence minimum before setting in motion a procedure, but one facilitates the steps after this point.

The Guerre of Algeria is an illustration of the problem of nationality apart from the hexagonal framework. Indeed, even with a statute of French department, Algeria did not allow all those which were born on this ground to acquire French nationality; it is the “indigenous” statute. In 1947, approximately 62.000 people (for the majority of war veterans) acquire French nationality. But the reform is blocked and the nationalizations stop.

Case of the Foreign legion

The soldiers of the Foreign legion, who by definition can be of foreign nationality, can become French, not by received blood, but by versed blood.

Rights and duties related to French nationality

The acquisition of French nationality is defined in the Civil code French, Livre I: People, Titrates I (a): French nationality (article 17 and following). The dispute of French nationality is spring of the Court of Bankruptcy (TGI).

The acquisition of French nationality to the birth is governed by the right of the ground (articles 19 and 21-7 of the Civil code) and the right of blood (article 18 of the Civil code). Acquisition for a foreigner is called “naturalization”.

The term “French nationality” is also used for objects, like the Avion S registered in France.

French nationality allows:

to profit from the services of assistance of the Ministry for Foreign Affairs (MAE), as assistance with the expatriation or assistance with the French abroad in the event of accident, of flight, of legal problems, supplemented by the right, for the citizens of the Union, with protection by the diplomatic or consular authorities of the other Member States outside the Member States, when there is no diplomatic or consular authority related to the local citizenship of the person (Article 20
not to see its foreign spouse expelled or interdict of territory if the Mariage date of more than respectively both and three years and were accompanied bya community of life
to carry out its Sorrow in France when one is prone to a European Warrant for arrest; a French national cannot be extradited out of France
to profit from social minimums, under certain conditions (this point seems also valid for the citizens of the European Union, and the French lying in a Convention country):

Social security with the family
allowance as joint of an employee widowed, divorced or given up
allowance with the elderly, to the adults Handicap be, allowance with housing

to perceive a pension for the death of a military or marine child
when one resides or remains abroad:

to be compensated when one is victim of damage resulting from an infringement for a business judged in France
to be compensated by the national solidarity fund if one is victim of one of Attentat
to seize the Commission of over-indebtedness
to make apply the French law when one is victim abroad of a crime or offense punished by the Penal code French
to profit from the services of the Agency for French teaching abroad.

when one works abroad, to voluntarily insure itself against the disease and the old age (Case of the French from abroad)

French nationality obliges:

to be made count for the National service, and take part in the Call of preparation with defense,
the French criminal law is applicable to any crime committed by a French out of the territory of the Republic (Article 3 of the French Civil code and private international law),
the planes of French nationality must comply with the rules of flight Frenchwoman even abroad, provided that those are compatible with the rules of the country in question.

French nationality is necessary for:

to take part in a military Tribunal (Magistrate, Clerk, Bailiff),
to be Assessor in a Court,
to take part at a departmental commission of conciliation of the taxes,
to be communal employee, however, since the Treated of Maastricht, the rights guaranteed to the citizens of the Union includes freedom to circulate and of residence through the Union and the right to require work of any station (including national civil servant except for sensitive stations such as soldiers),
to have the Right to vote and to be eligible with all the local elections and main roads (the city council men elected foreign cannot take part in the senatorial elections , and cannot be elected Maire or associated of the mayor),
to enjoy the communal Biens,
to be entitled to implement a remote monitoring system people subjugated at the electronic monitoring,
to be a president of a French Université,
to have the right to vote and to be eligible with the conciliation board elections, to be member of the National Commission of the collective bargain (collective agreements of work), of a commission of conciliation, to be mediator,
to belong to a disciplinary room of the Order of the doctors, or of a disciplinary room of a council of the paramedical professions,
to be an assessor of a court of the dispute of the incapacity, national Court of the incapacity and tariffing of the insurance of the industrial accidents of the Social security,
to be a tutor of a person under financial Supervision (management of the social allowances of a minor or a nonable Major ),
to be Lieutenant of louvetery (Hunting),
to be flight crew professional of the civil aeronautics (except exemption).

The European Citizenship or the nationality of a country having specific agreements with France or the EU is necessary for:

to follow the occupation of Doctor, Dental surgeon, Midwife, Veterinary or Pharmacist (except exemption)
to hold a bar alcoholic (bar)
to be a broker of Insurance
to be registered on the list of the councils in Industrial property
to profit from concessions and transfers for installation and the agricultural development from the domanial grounds
to have the right to vote and to be eligible with the communal elections
to direct or manage a company or a control of Undertaking
to be a director of a Tourist office of station classified
to be member of an equal court of rural beams
to be an administrator of a company Agricultural cooperative or agent of such a company to the board of directors of a union of co-operatives
to be employee representative with the board of directors of a autonomous port
subject to approval by the representative of the State and the public prosecutor, to exert visual monitorings of hand luggage, palpations of safety of agreeing people, excavations of ships or air terminals under the responsibility of a Judiciary police officer (security agents)

A certain number of rights apply the abroads who satisfy the provisions of the laws and regulations on the situation and the police force from abroad (for example assistances personalized with housing).

Proof of French nationality

The certificate of French nationality is taken until contrary proof (Article 31-2 Civil code). It is delivered by the clerk as a chief of the qualified Magistrates' court as regards nationality or by the president of the County court (or the judge in charge of of the detached section). However, in the majority of the administrative procedures, the proof of nationality can be made by the production of another document, such as the National card of identity (Decree No 2000-1277 of December 26th, 2000).

According to an article of Maurice T. Maschino (“are you sure to be French? ”, diplomatic Le Monde of June 2002), the people having a foreign ancestor, or who were born abroad, even when their French nationality questioned before forever, can suddenly be forced to provide the proof of this nationality, by providing a certificate of French nationality which is delivered to them only after several months.

See too

French people
Nationality
Article 3 of the French Civil code and private international law

External bonds

Circular relating to the methods of coming into effect of the Law of March 16th, 1998, NOR JUICE C 98 20514 C
Circular on the improvement of the conditions of delivery of the certificates of French nationality by application of article 30-2 of the Civil code, NOR JUSC0420766C
Circular relating to the improvement of the conditions of delivery of the certificates of French nationality, NOR JUICE C 98 20845 C
Circular relating to the justification of French nationality within the framework of the delivery of the national card of French identity, NOR/INT/D/98/00166/C
Citizenship laws off the world summarized laws on the citizenship published by the Office off Personal Managememt of the United States of America (document pdf, in English)

French - Joshua Project

Sources

Brubaker Rogers, Citizenship and nationality in France and Germany , Paris, Belin, 1997 (transl. FRA.).
Weil Patrick, What a French? History of French nationality since the Revolution , Paris, Grasset, March 2002. (included an important bibliography on this topic)
Civil code , articles 17 and following.

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