French nationality law is historically based on the principles of ''
jus soli
''Jus soli'' ( , , ; meaning "right of soil"), commonly referred to as birthright citizenship, is the right of anyone born in the territory of a state to nationality or citizenship.
''Jus soli'' was part of the English common law, in contras ...
'' (Latin for "right of soil") and ''
jus sanguinis'', according to
Ernest Renan's definition, in opposition to the
German
German(s) may refer to:
* Germany (of or related to)
** Germania (historical use)
* Germans, citizens of Germany, people of German ancestry, or native speakers of the German language
** For citizens of Germany, see also German nationality law
**Ge ...
definition of nationality, ''jus sanguinis'' (Latin for "right of blood"), formalised by
Johann Gottlieb Fichte.
The 1993
Méhaignerie Law, which was part of a broader immigration control agenda to restrict access to French nationality and increase the focus on ''jus sanguinis'' as the citizenship determinant for children born in France,
required children born in
France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
of foreign parents to request French nationality at adulthood, rather than being automatically accorded citizenship. This "manifestation of will" requirement was subsequently abrogated by the
Guigou Law of 1998, but children born in France of foreign parents remain foreign until obtaining
legal majority
The age of majority is the threshold of legal adulthood as recognized or declared in law. It is the moment when minors cease to be considered such and assume legal control over their persons, actions, and decisions, thus terminating the contro ...
.
Children born in France to tourists or other short-term visitors do not acquire French citizenship by virtue of birth in France: residency must be proven. Since immigration became increasingly a political theme in the 1980s, both left-wing and right-wing governments have issued several laws restricting the possibilities of being
naturalized.
History
French nationality and citizenship were concepts that existed even before the
French Revolution
The French Revolution ( ) was a period of radical political and societal change in France that began with the Estates General of 1789 and ended with the formation of the French Consulate in November 1799. Many of its ideas are considere ...
, loosely based on the premise that people spoke the same language within specific institutional frameworks.
Afterward, in the late 1700s and early 1800s, France was fairly unique among countries in tying its nationality laws to its election laws, and working to increase the joint ambit of citizenship and the right of the franchise.
19th century
There are three key dates in the legal history of naturalization:
Soon after the approval of the French constitutions, statesman
Jean-Jacques-Régis de Cambacérès
Jean-Jacques-Régis de Cambacérès, Duke of Parma (, 18 October 17538 March 1824), was a French nobleman, lawyer, freemason and statesman during the French Revolution and the First Empire. He is best remembered as one of the authors of the N ...
drafted and presented a new civil code that would unify private law, including nationality law—and with application for all French citizens outside of France.
Third Republic
Military service and state education were two processes central to the creation of a common national culture.
Military conscription
Conscription (also called the draft in the United States) is the state-mandated enlistment of people in a national service, mainly a military service. Conscription dates back to antiquity and it continues in some countries to the present day und ...
(universal from 1872, in theory if not in practice) brought inhabitants of the state's regions together for the first time, creating bonds of friendship and encouraging the use of French rather than regional languages. Universal education (the aim of the
Jules Ferry Laws
The Jules Ferry Laws are a set of French laws which established free education in 1881, then mandatory and ''laic'' (secular) education in 1882. Jules Ferry, a lawyer holding the office of Minister of Public Instruction in the 1880s, is widely c ...
, 1879–1886) brought the whole of the population into contact with state-sanctioned version of French history and identity. State teachers, the "Black hussars of the Republic," conveyed the national language to the people of the regions.
In a series of expansions in the late 1800s, French nationality law was liberalized for great conferment of French citizenship, partly with an eye to increasing French military ranks.
These included re-introduction of simple jus soli (at first with a right of the person to repudiate French citizenship, but that right was later removed), elimination of the loss of citizenship when emigrating from France, and repeal of the loss of citizenship by a French woman on marriage to a foreigner when she did not automatically obtain her husband's citizenship.
20th century
In 1927, French nationality law was further loosened to increase naturalization so as to attract a larger work force for French industry.
The measure also extracted the nationality law from the French civil code and made it an independent text, as it had grown too large and unwieldy.
Legislation in 1934, motivated by
xenophobia
Xenophobia () is the fear or dislike of anything which is perceived as being foreign or strange. It is an expression of perceived conflict between an in-group and out-group and may manifest in suspicion by the one of the other's activities, a ...
, imposed burdens on naturalized citizens and provided the government powers to forfeit citizenship, which the
Nazi-collaborator Vichy regime
Vichy France (french: Régime de Vichy; 10 July 1940 – 9 August 1944), officially the French State ('), was the fascist French state headed by Marshal Philippe Pétain during World War II. Officially independent, but with half of its ter ...
used widely.
A 1945 post-war measure promulgated a comprehensive nationality code that established very lengthy and detailed rules to shield citizens from government whimsy.
Amendments were by legislation in 1962 and by constitutions in 1946 and 1958, with the latter creating the status of "citoyen de la Communauté", vaguely akin to the British status of "
Citizen of the United Kingdom and Colonies
The term "British subject" has several different meanings depending on the time period. Before 1949, it referred to almost all subjects of the British Empire (including the United Kingdom, Dominions, and colonies, but excluding protectorates ...
" established by the
British Nationality Act 1948
The British Nationality Act 1948 was an Act of the Parliament of the United Kingdom on British nationality law which defined British nationality by creating the status of "Citizen of the United Kingdom and Colonies" (CUKC) as the sole national ci ...
.
The 1993 law that attempted to restrict conferral of French citizenship also transferred the contents of the Code de la Nationalité Française back into the Code Civil, where they had existed from 1803 until 1927.
Acquisition of citizenship
There are various ways a person can acquire French citizenship, either at birth or later on in life. The nationality provisions of French law are detailed in the opening divisions of the
:fr:Code civil des Français.
* The
attribution of French nationality can be due to
filiation. (''Jus sanguinis'')
* The attribution of French nationality can be given by birth in France (''Jus soli'') if other requirements (such as residence in France) are also met.
French citizenship by birth in metropolitan France and its overseas territories
Children born in France (including overseas territories) to at least one parent who was also born in France automatically acquire French citizenship at birth (''double jus soli'').
A child born in France to foreign parents may acquire French citizenship:
* at birth, if stateless.
* at 18, if resident in France with at least 5 years' residence since age 11.
* between 16 and 18 upon request by the child and if resident in France with at least 5 years' residence since age 11.
* between 13 and 16 upon request by the child's parents and if resident in France continuously since age 8.
* if born in France to parents born before independence in a former French sovereign colony/territory:
** at birth, if born in France before January 1, 1994.
** at age 18, if born in France on or after January 1, 1994.
A child who was born abroad and who has only one French parent can
repudiate their French nationality during the six months prior to their reaching the age of majority, or in the year which follows it (article 19-4 of the Civil Code).
French citizenship by birth abroad to at least one French citizen
The child (legitimate or natural) is French if at least one parent is French.
In the case of an adoption, the child has French nationality only under the "full adoption" regime.
Parentage to the parent from whom the French nationality is claimed, must be established while the child is still a minor (under 18).
When the child is born abroad from a French parent, it is essential for the French parent to record the birth of the child in the French civil register. In the event of litigation or to establish definitive proof of French nationality (or request a French passport) French nationality may be established by petitioning for a French nationality certificate from the Tribunal d'Instance (local court) of the person's place of residence, or if residing abroad, via the Paris Court (service of French nationality) having jurisdiction over French persons residing abroad.
French citizenship by descent limitations
Article 30-3 of the French Civil Code (previously numbered Article 95 of the French nationality code) is a "long-standing bone of contention" in French nationality law that can act as a practical limitation on the number of generations under which French citizenship by descent may be transmitted through births outside France.
Under that provision, a person cannot prove his French citizenship by descent to French authorities when neither that person nor his French parent(s) had, for fifty years, "possession d'état de Français" (contact or links with French authorities, such as a French passport renewal, voting registration, French consular registration, and so on), while residing outside France.
The 1993 legislation did insert a new Article 21-14 into the Civil Code, offering such first and second generation offspring of French emigrants the opportunity to "reclaim French citizenship through simple declaration", if they demonstrate military, "cultural, professional, economic, or family connections with France".
French citizenship by birth in France
A child (legitimate or natural) is French if born in France to at least one parent who (i) is a French citizen; or (ii) was also born in France (even if the parent is not themselves a French citizen). The principle in point (ii) is known as ''double jus soli''.
A child born in France before 1 January 1994 to a parent born in a former French overseas territory prior to its acquisition of independence, is automatically French. The same is true for a child born after 1 January 1963, to a parent born in Algeria before 3 July 1962.
Birth in France to foreign parents
If both parents are foreign and neither parent was born in France, simply being born in France does not confer French citizenship at birth, except for children born to unknown or stateless parents, or if the citizenship laws of the parents' countr(y)/-ies of origin do not allow citizenship to be transferred to the child.
There are cases in which a child born in France to foreign parents can acquire French citizenship at various points during their childhood and upon turning 18, subject to certain conditions.
= French citizenship acquired at age 13–16
=
The foreign parents of a child aged between 13 and 16 can obtain French citizenship for their child by making a declaration if all of the following conditions are met:
* The child was born in France;
* The child has had their primary residence in France since the age of 8;
* The child resides in France on the day on which the parents make the declaration;
* The child consents to the declaration being made (unless the child has a mental or physical disability that renders consent impossible).
= French citizenship acquired at age 16–18
=
A child aged between 16 and 18 and born to foreign parents can obtain French citizenship by making a declaration if all of the following conditions are met:
* The child was born in France;
* The child resides in France on the day on which they make the declaration;
* The child has had their primary residence in France for a total (but not necessarily continuous) period of at least 5 years since the age of 11.
The child does not require parental consent to make this declaration, unless they have a mental or physical disability that renders them unable to perform the procedure unilaterally.
= French citizenship acquired automatically at age 18
=
A child born to foreign parents acquires French citizenship automatically upon turning 18 if all of the following conditions are met:.
* The child was born in France;
* The child resides in France on their 18th birthday; and
* The child has had their primary residence in France for a total (but not necessarily continuous) period of at least 5 years since the age of 11.
The child born in France to foreign parents, may however decline French nationality.
French citizenship by adoption
Plenary adoption Plenary adoption (french: adoption plénière ja, 特別養子縁組 ko, 친양자 입양) is an alternate form of adoption which terminates the relationship between birth parent and child.
See also
* French nationality law
* History of French n ...
is the only act of filiation which carries direct effects on nationality. Unlike the process of
simple adoption
Adoption in France is codified in the French Civil Code in two distinct forms: ''simple adoption'' and ''plenary adoption''.
Simple adoption
Simple adoption (french: adoption simple) is a type of adoption which allows some of the legal bonds ...
, a child adopted according to the procedure of plenary adoption breaks any bond with his family of origin.
Filiation must be established while the child is a
minor to take effect. Consequently, the recognition of a child older than the
age of majority
The age of majority is the threshold of legal adulthood as recognized or declared in law. It is the moment when minors cease to be considered such and assume legal control over their persons, actions, and decisions, thus terminating the contr ...
has no effect on his or her nationality.
French citizenship by naturalization
Eligibility resulting from residency
A person aged 18 or above may apply for French citizenship by
naturalization after five years' habitual and continuous residence in France (if married and with children, then the applicant must be living in France with his/her family). In addition, it is required that the applicant has his/her primary source of income in France during the five-year period. Those applying who are not
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
,
European Economic Area
The European Economic Area (EEA) was established via the ''Agreement on the European Economic Area'', an international agreement which enables the extension of the European Union's single market to member states of the European Free Trade As ...
or
Swiss nationals are required to be in possession of a "titre de séjour" (a residence permit).
* The residence period may be completely waived for those who have served in the French military, for refugees, or in other exceptional cases.
* The residence period can be reduced to two years for a person who has either (a) completed two years of
higher education
Higher education is tertiary education leading to award of an academic degree. Higher education, also called post-secondary education, third-level or tertiary education, is an optional final stage of formal learning that occurs after completi ...
in France, leading to a diploma, or (b) has provided or can provide important services to France due to his or her skills and talents, or (c) has completed an exceptional path of integration (activities or actions carried out in the civic, scientific, economic, cultural or sporting fields, etc.) .
The residence period is counted backwards from the date on which the applicant lodged his/her naturalization application.
The applicant must show that he/she has been residing legally in France during the 5-year residence period. Any periods of irregular residence in France ''before'' the 5-year residence period will not be taken into account when the application is considered. If the applicant's residence period is completely waived, he/she must have resided legally in France in the 2 years immediately preceding the date on which he/she lodged his/her naturalization application.
Naturalization will only be successful for those who are judged to have integrated into French society (i.e. by virtue of language skills and understanding of rights and responsibilities of a French citizen, to be demonstrated during an interview at the local prefecture, as well as an ability and/or potential to integrate in the labour market), and who respect the values of French society. The applicant must also be of good character (no criminal offences with a sentence of 6 months' imprisonment or more and no tax avoidance). In assessing the applicant's character, the decision reached must be proportionate (for example, a naturalization application should not be rejected solely because the applicant occasionally declared/paid taxes late).
Naturalization through residency is accorded by publication of a decree in the Journal Officiel by decision of the Home Ministry and the prefecture of the region where the applicant has submitted his/her application. There is an obligatory delay of 12 months from the date of submission before the applicant is notified of the result of his/her naturalization application.
Eligibility resulting from marriage to a French citizen
The partner of a French national can apply for nationality, and must be able to prove that they have been married for five years and live together, (four years if the couple can prove continuous residence in France for three years since the wedding, or if when living abroad, the French spouse has been registered as a French citizen living abroad (article 79 of law 2006-911 published in the JO of 25/07/2006).) The applicant must also have a good knowledge of the French language, spoken and written, and the couple must appear in person together to sign documents.
Eligibility resulting from service in the Foreign Legion.
Foreign nationals may apply for naturalization after three years of service in the
Foreign Legion, a wing of the
French Army
The French Army, officially known as the Land Army (french: Armée de Terre, ), is the land-based and largest component of the French Armed Forces. It is responsible to the Government of France, along with the other components of the Armed Force ...
that is open to men of any nationality. Furthermore, a soldier wounded in battle fighting for France may immediately apply for naturalization under the principle of "Français par le sang versé" ("French by spilled blood").
French citizenship and identity
According to the French Republic, the French people are those who are in possession of French nationality. According to the
French Constitution
The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic , and it replaced the Constitution of the Fourth Republic of 1946 with the exception of the preamble per a Consti ...
, "France shall be an indivisible, secular, democratic and social Republic. It shall ensure the equality of all citizens before the law, without distinction of origin, race or religion. It shall respect all beliefs. It shall be organised on a decentralised basis.
Article 1
Since the middle of the 19th century, France has exhibited a very high rate of immigration, mainly from
Southern Europe
Southern Europe is the southern regions of Europe, region of Europe. It is also known as Mediterranean Europe, as its geography is essentially marked by the Mediterranean Sea. Definitions of Southern Europe include some or all of these countrie ...
,
Eastern Europe
Eastern Europe is a subregion of the Europe, European continent. As a largely ambiguous term, it has a wide range of geopolitical, geographical, ethnic, cultural, and socio-economic connotations. The vast majority of the region is covered by Russ ...
, the
Maghreb
The Maghreb (; ar, الْمَغْرِب, al-Maghrib, lit=the west), also known as the Arab Maghreb ( ar, المغرب العربي) and Northwest Africa, is the western part of North Africa and the Arab world. The region includes Algeria, ...
,
Africa
Africa is the world's second-largest and second-most populous continent, after Asia in both cases. At about 30.3 million km2 (11.7 million square miles) including adjacent islands, it covers 6% of Earth's total surface area ...
and
Asia
Asia (, ) is one of the world's most notable geographical regions, which is either considered a continent in its own right or a subcontinent of Eurasia, which shares the continental landmass of Afro-Eurasia with Africa. Asia covers an area ...
. According to a 2004 report by
INED researcher Michèle Tribalat, France has approximately 14 million persons (out of nearly 63 million, or approximately 22%) (see
demographics of France
The demography of France is monitored by the Institut national d'études démographiques (INED) and the Institut national de la statistique et des études économiques (INSEE). As of 1 January 2021, 65,250,000 people lived in Metropolitan Fra ...
) of foreign ascendancy (immigrants or with at least one parent or grandparent immigrant). In 2015, 7.3 million people born in France had at least one immigrant parent (roughly 11% of the population). The origin of the descendants of immigrants reflects the immigration flows that France has experienced for over a century.
The absence of official statistics on French citizens of foreign origin is deliberate. Under French law passed after the
Vichy regime
Vichy France (french: Régime de Vichy; 10 July 1940 – 9 August 1944), officially the French State ('), was the fascist French state headed by Marshal Philippe Pétain during World War II. Officially independent, but with half of its ter ...
, it is forbidden to categorize people according to their ethnic origins. In France, like in many other European countries, censuses do not collect information on supposed ancestry. Moreover, all French
statistics
Statistics (from German language, German: ''wikt:Statistik#German, Statistik'', "description of a State (polity), state, a country") is the discipline that concerns the collection, organization, analysis, interpretation, and presentation of ...
are forbidden to have any references concerning ethnic membership. Thus, the French government's assimilationist stance towards immigration as well as towards regional identities and cultures, together with the political heritage of the French Revolution, has led to the development of a French identity which is based more on the notion of citizenship than on cultural, historical or ethnic ties.
For that reason, French identity must not necessarily be associated with the "ethnic
French people
The French people (french: Français) are an ethnic group and nation primarily located in Western Europe that share a common French culture, history, and language, identified with the country of France.
The French people, especially the na ...
" but can be associated with either a nationality and citizenship, or a culture and language-based group. The latter forms the basis for
La Francophonie
LA most frequently refers to Los Angeles, the second largest city in the United States.
La, LA, or L.A. may also refer to:
Arts and entertainment Music
* La (musical note), or A, the sixth note
* "L.A.", a song by Elliott Smith on ''Figur ...
, a group of French-speaking countries, or countries with historical and cultural association to France. The concept of "French ethnicity" exists outside France's borders, in particular in
Quebec
Quebec ( ; )According to the Canadian government, ''Québec'' (with the acute accent) is the official name in Canadian French and ''Quebec'' (without the accent) is the province's official name in Canadian English is one of the thirtee ...
where some people claim membership to a "French ethnic group", but again many view it as not so much ethnicity-based as language-based and would also include immigrants from, for example,
Lebanon
Lebanon ( , ar, لُبْنَان, translit=lubnān, ), officially the Republic of Lebanon () or the Lebanese Republic, is a country in Western Asia. It is located between Syria to the north and east and Israel to the south, while Cyprus li ...
and
Haiti
Haiti (; ht, Ayiti ; French: ), officially the Republic of Haiti (); ) and formerly known as Hayti, is a country located on the island of Hispaniola in the Greater Antilles archipelago of the Caribbean Sea, east of Cuba and Jamaica, and ...
. France's particular self-perception means that French identity may include a naturalized, French-speaking ethnic Portuguese, Italian, Spaniard, Pole, Romanian, Lebanese, Vietnamese, Tunisian, Algerian or Moroccan. Nonetheless, like in other European countries, some level of discrimination occurs, and there are higher unemployment rates among job-seekers with foreign-sounding names.
Rights and obligations of French citizens
In modern France, in general, the rights are fundamentally the same as those in other EU countries.
Despite the official discourse of universality, French nationality has not meant automatic citizenship. Some categories of French people have been excluded, throughout the years, from full citizenship:
*
Women
A woman is an adult female human. Prior to adulthood, a female human is referred to as a girl (a female child or adolescent). The plural ''women'' is sometimes used in certain phrases such as "women's rights" to denote female humans regardl ...
: Until the
Liberation
Liberation or liberate may refer to:
Film and television
* ''Liberation'' (film series), a 1970–1971 series about the Great Patriotic War
* "Liberation" (''The Flash''), a TV episode
* "Liberation" (''K-9''), an episode
Gaming
* '' Liberati ...
, they were deprived of the
right to vote
Suffrage, political franchise, or simply franchise, is the right to vote in public, political elections and referendums (although the term is sometimes used for any right to vote). In some languages, and occasionally in English, the right to v ...
. The
provisional government
A provisional government, also called an interim government, an emergency government, or a transitional government, is an emergency governmental authority set up to manage a political transition generally in the cases of a newly formed state or ...
of General
de Gaulle
Charles André Joseph Marie de Gaulle (; ; (commonly abbreviated as CDG) 22 November 18909 November 1970) was a French army officer and statesman who led Free France against Nazi Germany in World War II and chaired the Provisional Governm ...
accorded them this right by the April 21, 1944 prescription.
* Military: For a long time, the military was called the ''Grande muette'' ("The Big Mute") in reference to its prohibition against interfering in political life. During a large part of the
Third Republic (1871–1940), the Army was in the main
anti-republican (and thus
counterrevolutionary
A counter-revolutionary or an anti-revolutionary is anyone who opposes or resists a revolution, particularly one who acts after a revolution in order to try to overturn it or reverse its course, in full or in part. The adjective "counter-revoluti ...
), the
Dreyfus Affair
The Dreyfus affair (french: affaire Dreyfus, ) was a political scandal that divided the French Third Republic from 1894 until its resolution in 1906. "L'Affaire", as it is known in French, has come to symbolise modern injustice in the Francop ...
and the
May 16, 1877 crisis that led to a
monarchist
Monarchism is the advocacy of the system of monarchy or monarchical rule. A monarchist is an individual who supports this form of government independently of any specific monarch, whereas one who supports a particular monarch is a royalist. ...
''
coup d'état
A coup d'état (; French for 'stroke of state'), also known as a coup or overthrow, is a seizure and removal of a government and its powers. Typically, it is an illegal seizure of power by a political faction, politician, cult, rebel group, m ...
'' by
MacMahon
McMahon, also spelled MacMahon (older Irish orthography: ; reformed Irish orthography: ), is a surname of Irish origin. It is derived from the Gaelic ''Mac'' ''Mathghamhna'' meaning 'son of the bear'.
The surname came into use around the 11th c ...
being examples of this anti-republican spirit. That character of the military would make them gain the right to vote only after the August 17, 1945 prescription, the contribution of De Gaulle to the interior
French Resistance
The French Resistance (french: La Résistance) was a collection of organisations that fought the German occupation of France during World War II, Nazi occupation of France and the Collaborationism, collaborationist Vichy France, Vichy régim ...
, which reconciled the Army with the Republic. Nevertheless, the members of the military do not benefit from all public liberties, as the July 13, 1972 law on the general statute of militaries specifies.
* Young people: The July 1974 law instituted at the instigation of the president
Valéry Giscard d'Estaing
Valéry René Marie Georges Giscard d'Estaing (, , ; 2 February 19262 December 2020), also known as Giscard or VGE, was a French politician who served as President of France from 1974 to 1981.
After serving as Minister of Finance under prime ...
reduced the coming of age to 18, which thus made some
teenagers
Adolescence () is a transitional stage of physical and psychological development that generally occurs during the period from puberty to adulthood (typically corresponding to the age of majority). Adolescence is usually associated with the t ...
full citizens.
* Naturalized foreigners: Since January 9, 1973, foreigners who have acquired French nationality do not have to wait five years after their naturalization to be able to vote.
*
Inhabitants of the colonies: The May 7, 1946 law stated that soldiers from the "Empire" (such as the ''
tirailleurs
A tirailleur (), in the Napoleonic era, was a type of light infantry trained to skirmish ahead of the main columns. Later, the term "''tirailleur''" was used by the French Army as a designation for indigenous infantry recruited in the French ...
'') killed during
World War I
World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...
and
World War II
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
were not citizens.
Modern Citizenship is linked to
civic participation (also called
positive freedom
Positive liberty is the possession of the power and resources to act in the context of the structural limitations of the broader society which impacts a person's ability to act, as opposed to negative liberty, which is freedom from external restra ...
), which includes voting,
demonstrations
Demonstration may refer to:
* Demonstration (acting), part of the Brechtian approach to acting
* Demonstration (military), an attack or show of force on a front where a decision is not sought
* Demonstration (political), a political rally or prote ...
,
petition
A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication.
In the colloquial sense, a petition is a document addressed to some offi ...
s,
activism
Activism (or Advocacy) consists of efforts to promote, impede, direct or intervene in Social change, social, Political campaign, political, economic or Natural environment, environmental reform with the desire to make Social change, changes i ...
, etc.
Some scholars, such as Annette Joseph Gabriel, argue that citizenship is part of a colonial agenda and is not a universal practice.
[Joseph-Gabriel, Annette K., Reimagining Liberation: How Black Women Transformed Citizenship In the French Empire.] In order to create an equitable and safe space for all, she believes that there must be several different forms of belonging so that everyone feels included instead of being tied to one sole identity factor.
She also argues for what she calls decolonial citizenship, which is work has already been done by black women such as Suzanne Cesaire, Jane Vialle, and Paulette Nardal.
Although their activism fought against colonialism and fought for multiple cultural and racial identities to be noted, their ideologies were sadly overlooked and silenced.
Travel freedom of French citizens
![Freedom of movement for French citizens](https://upload.wikimedia.org/wikipedia/commons/8/89/Freedom_of_movement_for_French_citizens.svg)
Visa requirements for French citizens are administrative entry restrictions by the authorities of other states placed on citizens of France. As of May 2020, French citizens had visa-free or visa on arrival access to 189 countries and territories, ranking the
French passport
A French passport (french: Passeport français) is an identity document issued to French citizens. Besides enabling the bearer to travel internationally and serving as indication of French citizenship (but not proof; the possession of a French p ...
2nd in terms of travel freedom (tied with the Canadian, Italian, South Korean, Spanish, and Swedish passports) according to the
Henley Passport Index
The Henley Passport Index ( abbreviation: HPI) is a global ranking of countries according to the travel freedom enjoyed by the holders of that country's ordinary passport for its citizens. It started in 2006 as Henley & Partners Visa Restricti ...
.
The French nationality is ranked number one as of 2018 in
The Quality of Nationality Index
The Quality of Nationality Index (QNI) ranks the quality of nationalities based on internal and external factors. Each nationality receives an aggregated score based on economic strength, human development, ease of travel, political stability and ...
(QNI). The ranking is considering internal factors such as peace & stability, economic strength, and human development and external factors such as travel freedom. France's comparative advantage lies in its greater settlement freedom (attributable mainly to the country's former colonial empire.)
Dual citizenship
Dual citizenship
Multiple/dual citizenship (or multiple/dual nationality) is a legal status in which a person is concurrently regarded as a national or citizen of more than one country under the laws of those countries. Conceptually, citizenship is focused on ...
was officially recognized for both men and women on 9 January 1973; since then, possession of more than one nationality does not affect French nationality.
Before 19 October 1945, dual nationality was prohibited and any French national who acquired another nationality before that day automatically lost French nationality unless they were male nationals under the obligation of military service and did not sought for the release of their French nationality by decree. Until 1927, women who married a non-French national were also subject to the automatic loss of nationality if they acquired their husbands' nationalities upon marriage.
The 1945 French Nationality Code (ordonnance n° 45–2441) added a provision to indicate that for a maximum period of 5 years following the "legal cessation of hostilities", the permission for the loss of nationality must be sought from the French government if the person was male and under the age of 50. The transitional period was deemed to have ended on 1 June 1951.
Also, the new code specified that a woman would lose her French nationality only when she declared that she did not want to remain French after marriage.
The 1954 amendment to the Nationality Code (loi n° 54-395) removed the five-year period and, retroactively from 1 June 1951, no male national of France under the age of 50 would be subject to the automatic loss provision (section 87) of the 1945 Nationality Code without the specific permission from the French government. This limited the automatic loss of nationality to men over 50 and women, as the permissions to lose French nationality were automatically given to them upon their naturalizations.
In 2013, a woman who lost her French nationality under section 87 appealed to the
Constitutional Council Constitutional Council might refer to:
* Constitutional Council (Chad)
* Constitutional Council (France)
* Constitutional Council (Ivory Coast)
* Constitutional Council (Sri Lanka)
* Constitutional Council (Cambodia)
* Constitutional Council (Kaz ...
, which found the provision to be unconstitutional under the 1946 Constitution and the
1789 Declaration and ordered the reinstatement of her nationality.
As a result of this decision, all women who lost their nationality between 1951 and 1973 solely under section 87 may voluntarily request for the reinstatement of their nationality by invoking this decision, and their descendents would also be able to invoke this decision if their female ancestors have done so.
Since 1973, dual nationality has been legalized for all French nationals, although a person might still be deprived of their French nationality under bilateral or multilateral treaties or agreements France concluded with other countries. In 2007, the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
Lists of current ministries of justice
Named "Ministry"
* Ministry of Justice (Abkhazia)
* Ministry of Justice (Afghanistan)
* Ministry of Just ...
concluded that a French male residing in the Netherlands and naturalized as a Dutch national in 2006 based on his marriage to a Dutch man lost his French nationality upon naturalization, because a 1985 agreement between France and the Netherlands stipulated that any national of either country who acquired the other country's nationality would cease to be a national of their country of origin.
A provision in the agreement provided exemptions for married couples, but as
France did not recognize same-sex marriage in 2006, it was deemed to be not applicable to him as he was not considered to be married under French law.
Due to the case which sparked national outrage, the Sarkozy administration announced that it would be taking steps to denounce some portions in the agreements with the Netherlands and other countries in 2009.
France later denounced Chapter I of the
Council of Europe
The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold European Convention on Human Rights, human rights, democracy and the Law in Europe, rule of law in Europe. ...
's
Convention on the Reduction of Cases of Multiple Nationality and on Military Obligations in Cases of Multiple Nationality of May 6, 1963. The denunciation took effect on March 5, 2009.
Citizenship of the European Union
Because France forms part of the
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...
, French citizens are also
citizens of the European Union
European Union citizenship is afforded to all citizens of member states of the European Union (EU). It was formally created with the adoption of the 1992 Maastricht Treaty, at the same time as the creation of the EU. EU citizenship is additio ...
under
European Union law and thus enjoy
rights of free movement and
have the right to vote in
elections
An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold Public administration, public office.
Elections have been the usual mechanism by which modern representative ...
for the
European Parliament
The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts ...
. When in a non-EU country where there is no French embassy, French citizens have the right to get consular protection from the embassy of any other EU country present in that country. French citizens can live and work in any country within the EU and
EFTA
The European Free Trade Association (EFTA) is a regional trade organization and free trade area consisting of four European states: Iceland, Liechtenstein, Norway and Switzerland. The organization operates in parallel with the European U ...
as a result of the right of free movement and residence granted in
Article 21 of the EU Treaty.
Denaturalization
According to
Giorgio Agamben, France was one of the first European countries to pass denaturalization laws, in 1915, with regard to naturalized citizens of "enemy" origins. Its example was followed by most European countries.
As early as July 1940, Vichy France set up a special Commission charged with reviewing the naturalizations granted since the 1927 reform of the nationality law. Between June 1940 and August 1944, 15,000 persons, mostly Jews, were denaturalized. This bureaucratic designation was instrumental in their
subsequent internment and murder.
Previous law: Article 21-19(5º)
In 2001, as
Bill Clinton
William Jefferson Clinton ( né Blythe III; born August 19, 1946) is an American politician who served as the 42nd president of the United States from 1993 to 2001. He previously served as governor of Arkansas from 1979 to 1981 and agai ...
finished his second term as President of the U.S. (the legal limit of terms under the U.S. Constitution), a theory was published by CNN that he could claim citizenship of France and run for leadership there.
The open-letter by historian
Patrick Weil held that a little known "law, passed in 1961
rticle 21-19(5º) enables people from former French territories to apply for immediate naturalisation, bypassing the normal five-year residency requirement for would-be French citizens."
As Clinton was born in Arkansas which had been part of French Louisiana before it was
sold to the US, it was held that he would qualify under this law. And as a naturalised French citizen, he could run in the French presidential election.
Clinton himself later repeated this claim in 2012 as an amusing thought when speaking to an interviewer. Clinton had always dismissed the idea, and at the time of his retelling of the story in 2012, unknown to him, the possibility had already ended. This was because article 21-19(5º) of the Code civil was repealed (by article 82 of law 2006–911) on July 25, 2006, under the direction of
Nicolas Sarkozy
Nicolas Paul Stéphane Sarközy de Nagy-Bocsa (; ; born 28 January 1955) is a French politician who served as President of France from 2007 to 2012.
Born in Paris, he is of Hungarian, Greek Jewish, and French origin. Mayor of Neuilly-sur-Se ...
, who was then Minister of the Interior. Since "Weil's article made this provision of the French nationality law notorious, the French parliament abolished it".
See also
*
French Foreign Legion
The French Foreign Legion (french: Légion étrangère) is a corps of the French Army which comprises several specialties: infantry, Armoured Cavalry Arm, cavalry, Military engineering, engineers, Airborne forces, airborne troops. It was created ...
*
French people living outside France
French people living outside France (French language, ''French'': ''Français établis hors de France'') are French citizens living outside the current territory of the France, French Republic.
At the end of 2019, the French presence abroad was ...
*
Immigration to France
According to the French national institute of statistics INSEE, the 2018 census counted nearly 9 million immigrants (foreign-born people) in France, representing 14.0% of the total population. Eurostat estimated the foreign-born population t ...
*
Illegal immigration
References
Bibliography
*''Citizenship and Nationhood in France and Germany'', by
Rogers Brubaker, Harvard University Press (1992)
*''Peasants Into Frenchmen : The Modernization of Rural France, 1870–1914'', by
Eugen Weber
Eugen Joseph Weber (April 24, 1925 – May 17, 2007) was a Romanian-born American historian with a special focus on Western world, Western civilization.
Weber became a historian because of his interest in politics, an interest dating back to a ...
, Chatto and Windus (1977)
External links
Acquisition de la nationalité française
(archived fro
on 2007-08-07)
official websiteof the
CIMADE The Cimade is a French NGO founded at the beginning of the World War II by French Protestant student groups, in particular the Christian activist and member of the French Resistance Madeleine Barot, to give assistance and support to people uproote ...
, an
ecumenist
Ecumenism (), also spelled oecumenism, is the concept and principle that Christians who belong to different Christian denominations should work together to develop closer relationships among their churches and promote Christian unity. The adjec ...
NGO helping immigrants (including
illegal immigrants
Illegal immigration is the migration of people into a country in violation of the immigration laws of that country or the continued residence without the legal right to live in that country. Illegal immigration tends to be financially upwa ...
) in their juridical demands.
GISTI("Groupe d'Information et de Soutien aux Travailleurs Immigrés") (same: "Group of Information and Support of Immigrants Workers", although they also carry more directly activist actions, such as blocking controversial expelling by
charter, mainly by informing all passengers of the plane: as the pilot is the only authority on board, he may refuse to embark an illegal alien, thus blocking police's attempts)
CITIZENSHIP IN FRANCE.; A NEW LAW WHICH CLASHES WITH AMERICAN IDEAS. ''
The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' – August 6, 1889
Geneanum : French naturalization records for genealogical purposes*
:fr:Nationalité française
{{DEFAULTSORT:French Nationality Law
France and the European Union