This text is far from going unnoticed: the National Rally wishes to “prevent” people with dual nationality from occupying “extremely sensitive jobs” whose list will be defined “by decree”, announced Monday June 24, MP Sébastien Chenu, Jordan Bardella referring to “the most strategic positions of the State”.
What exactly does the RN offer?
The ban will relate to “extremely sensitive jobs, for example people who are dual Russian nationals to occupy strategic management positions in defense,” the MP said on TF1, without giving further details on the type of jobs concerned. Objective for the RN: “protect” France from a risk of “interference”.
“Yes, I confirm to you that the most strategic positions in the State will be reserved for French citizens and French nationals,” Jordan Bardella immediately confirmed. Before continuing: “We do not intend to call into question dual nationality […]. On the other hand, we actually intend to reserve a certain number of strategic jobs in sectors particularly linked to security and defense exclusively for French citizens.
Faced with the media excitement, the RN tried to present this measure as “anecdotal”. The MEP was quick to add that this measure concerned “very, very few people”. Then, it was up to the presidential finalist, Marine Le Pen, to come to his rescue, emphasizing on the social network “The restriction would only concern a few dozen very sensitive jobs in strategic positions in defense, nuclear or intelligence for example. This short list would be reviewed very regularly depending on geopolitical news and its consequences for our country. country,” she wrote.
How many dual nationals are there?
In France, around 3.3 million people have dual nationality, according to the National Institute of Demographic Studies (INED). But the figures date from 2008. If it is only an estimate, it is not anecdotal. Among the indications given by the census, more than 40% of immigrants living in France have French nationality.
Currently, dual nationality does not prevent access to public service jobs. Certain professions, called “sovereignty” because they are linked to the sovereign functions of the State (defense, budget, security, diplomacy), are reserved for French people, whether or not they theoretically hold a second nationality. A binational French person has all the rights and obligations attached to French nationality. The decision to classify a position as a “sovereignty” position is left to the discretion of the employer, most often a ministry.
For the rest, European nationals can take competitive exams and become civil servants. Non-European foreigners can also be recruited into the civil service, but only as contract workers, a less protective status than that of civil servant. In the private sector, there are no restrictions for dual nationals, according to labor law experts interviewed by AFP. This “under the principle of prohibiting any discrimination in hiring established by article L1132-1 of the labor code”, explains Me Eric Rocheblave, lawyer specializing in labor law. But, he said, “what yesterday’s legislator did, tomorrow’s legislator can undo or restrict.” As a reminder, Marine Le Pen has long been in favor of the repeal of dual nationality, before renouncing it in 2022, during her third presidential campaign.
Is this feasible from a constitutional point of view?
The measure will pass through “an organic law and a decree to prevent interference” because it is a question of “protecting oneself”, in “sensitive sectors”, insisted Sébastien Chenu. However, this text should come up against, at a minimum, the Constitution who had already spoken on the subject. His answer: no, there is no distinction between nationals and dual nationals. Thus, the ban on certain jobs for dual nationals would pose a “problem to the principle of equality”, recalled Anne-Charlène Bezzina, lecturer in public law at the University of Rouen (Seine-Maritime) among our colleagues at The Obs. A revision of the Constitution would therefore be necessary.
Note that the establishment of restrictions for naturalized people dates back to the 1930s. At that time, French people born abroad, who obtained nationality later, were prohibited until ten years after their naturalization from access certain professions such as doctor or lawyer. After the Liberation, these laws had disappeared. But until when ?