Law of exile

The laws of exile are laws banishing of a country their monarchs and all (or left) the members of their family.

In France

The loi of January 1st, 1816 , voted under the Second Restoration, banishes the family Bonaparte national territory.

During the Monarchy of July, the loi of April 10th, 1832 condemns the family members of Charles X to the perpetual banishment like with the forfeiture of their civil laws. This law also confirms the exile of the Bonaparte family.

June 12th, 1847, Victor Hugo request the inscription with the day order of the Room of the pars of a discussion for the abrogation of the laws of exile concerning the imperial ex-family.

After the revolution of February 1848, the loi May 26th, 1848 prohibits perpetuity with the king Louis-Philippe and its family the entry on the French territory. This law does not add however the deprivation of the civil laws contained in the text of 1832.

June 4th, 1848, Louis-Napoleon Bonaparte is elected appointed with the constituent Assembly at the time of the bys-election and this election is validated the next on June 13rd by the Parliament. Fearing the vote of a new law of exile, the prince gives up sitting about on June 15th, but represents himself, and is again elected, with the bys-election of the September 17th and 18th. October 9th an amendment is proposed, tending to prohibit the candidature of the members of the former families reigning to the presidency. The amendment is pushed back and, on October 14th, 1848, the laws of exile concerning the Bonaparte family are repealed. The constitution of the Second Republic is promulgated on November 4th, 1848: it envisages the election of the President of the Republic by the vote for all. December 10th, 1848, Louis-Napoleon Bonaparte is elected President of the Republic.

With the parliamentary elections of 1871, two members of the House of Orleans, the duke of Aumale and the prince de Joinville, are elected with the House of Commons. At the suggestion of Mr. Alfred Giraud, deputy of the Vendée, the National Assembly votes, by 472 votes against 97, the law of June 8th, 1871 which repeals the laws of exile of 1832 and of 1848 concerning the two branches of the dynasty capétienne. The same day, the elections of the two princes is validated with a majority of 448 votes against 113.

May 14th, 1886, takes place, with the Hôtel Matignon, the celebration of the marriage of the princess Amélie of Orleans with Charles of Portugal, heir to the throne of Portugal. The luxury which deploy on this occasion Orleans and the chronicle that make the newspapers monarchists of them (and, in particular, Le Figaro) raise the consternation of the republican mediums. This event gives place to many attacks against the royal family (and the imperial family) and leads to the promulgation of la law of June 26th, 1886 . This one prohibits the access and the stay on the French soil with the chiefs of the royal families and imperial having reigned on France, like with their oldest sons. It also prohibits with all the men of these families to be useful in the French Army. But, unlike the preceding ones, this law concerns only the applicants (Orleans and Bonaparte) like their oldest sons, which explains why the Amélie princess can return to live in France when the republic is proclaimed in Portugal.

The law of June 26th, 1886 is repealed by the law of June 24th, 1950, on a proposal from the deputy Paul Hutin-Desgrées. The princes resulting from the former sovereign families remain nevertheless liable to expulsion in the event of disorders to the law and order.

In Brazil

In 1920, the law of exile is repealed and the imperial family (Maison of Orleans-Bragance) is authorized to return to settle in Brazil.

In Turkey

In 1974, the law of exile of the imperial family is completely abolished.

In Austria-Hungary

In 1918, the last emperor, Charles Ier of Austria, give up the exercise of the capacity, without however abdicating. It is constrained with the exile in 1919 and the members of the House of Habsbourg-Lorraine who refuse to lend oath to the new Austrian republic are also banished national territory while their goods are confiscated.

In 1936, the law of exile concerning Habsbourg-Lorraine is repealed by the Dollfuss chancellor, who considers the restoration of monarchy in Austria.

Once the Anschluss installation by the Germans (in 1938), Adolf Hitler attacks its turn with the imperial ex-family but not by means of a new law of exile. The führer prefers to deprive Habsbourgs of their “German nationality” and to send their Hohenbergs parents in concentration camp. He also declares the archduke guilty Otto de Habsbourg of “high treason”.

In 1945, the law of exile of 1919 is given into force by the Austrian Socialists. However, during the Second world war, all Habsbourg-Lorraine engaged in the rows of resistance in the fight against the Nazism and the role of the Zita empress near Roosevelt US president made it possible Austria not to be treated like Germany at the time of the victory.

Today, the law of exile always applies to the descendants of the Charles emperor. However, the Rodolphe archduke brought a lawsuit against the Austrian State which it gained with the reason that the law could not apply to him, because it was born in exile. As for the Zita empress, it can return to Austria in 1982, thanks to the special intervention of the chancellor Bruno Kreisky. The Otto archduke, chief of the imperial House and European deputy, for its part, agreed to sign the act of recognition of the Austrian republic.

In Italy

Title XIII of the “Transitional provisions and final” of the Italian constitution of December 22nd, 1947 stipulates: “The members and the descendants of the Maison of Savoy are not voters and neither public office nor elective offices can occupy. The entry and the stay on the national territory are prohibited to the former kings of the house of Savoy, with their wives and their male descendants. ”

These provisions were repealed by the constitutional law n°1 of October 23rd, 2002.

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