The Minister of Justice Gérald Darmanin returned Sunday, February 9 on BFMTV on his proposal to question the law of the soil. “I hope that a child born in France of foreign parents, when he will have 16, 18, 20, 21 years (we can discuss this age) can express a will to become French,” he said. In other words: that the right of a child born on French soil of foreign parents to have French nationality from 13 years old – provided that they have resided in the country for at least five years – n ‘ be more one.
“It is not a revolution, it is a radical evolution, I assume to wear it,” proclaimed the minister. “You have to want to be French, you have to speak your language, know your story, it is not a question of distinguishing people by their religion, origin or skin color, someone must become French”, a- he insisted, refusing “automaticity”. A proposal supported by the Minister of the Interior Bruno Retailleau, who estimated Friday during a trip to Seine-et-Marne that to be French it was necessary to “respect the lifestyle” and “the republican principles” of the country. And to recall that “access to naturalization is the Civil Code”, and that “the Civil Code, in articles 21 in particular, speaks of assimilation”.
Blood juice, juice soli
Rights from the Middle Ages and then from the 19th century wars, soil law and blood law are the two main principles which today govern the different ways of enjoying French nationality, when one was born of a or several foreign parents. The law of blood (also called the bloody juice), confers the right to French nationality unconditionally if at least one of the two parents of the child is French, regardless of the birthplace of the person.
The right of the soil, on the other hand, differentiates several access. If one was born on the French territory of foreign parents, from 13 years it is possible to apply for naturalization in the prefecture. To do this, you have to have lived at least five years in France after its 8 years, and express your wish to be French. It is also possible to become French between 16 and 18 years old if we were born in the territory, and that we have lived at least five years in France for the age of 11. Asked or not, the acquisition of French nationality is also automatic by majority if the child meets these conditions. In very rare cases – when foreign parents are unknown, stateless or cannot transmit their nationality – a child born on French territory can obtain nationality from birth.
Naturalization by decree
Nevertheless even without French parent and without being born on French territory, any foreigner can request naturalization by decree. For this, you must have resided in France in a “usual and legal” manner for at least five years, and have a valid residence permit. But also prove to a level B1 oral and written minimum in French, and a virgin criminal record. After studying by the prefecture, the Ministry of the Interior contrasts.
There are also several special cases to access naturalization by decree: the duration can be reduced to two years of residence in France if the person has studied in the territory and has obtained their diploma. The minimum duration of residence also falls in theory at zero when the person asking for nationality has the status of political refugee. Another exception: people who served in the army in wartime, have done their military service in France or being committed to the Foreign Legion can also be naturalized without delay, after studying their file.
An immigration referendum?
Registered in the Civil Code and become essential rights of the French Republic, a debate on these rights is “useless”, according to former President François Hollande. “There are rules that exist in our country, which are republican” responded to the deputy of Corrèze to members of the government on BFMTV. “To fight against the extreme right, you should not go on your field, you must respond to the difficulties of the French,” he called. Because it is none other than Marine Le Pen who has taken hold of the subject, to claim a referendum especially on the law of the soil: “We have been debating this for 25 years, it is starting to do well. There is One thing that is better than the debate is the vote, “she said on Saturday during a trip to Madrid.
If this debate divides the government coalition, “on the essentials we agree,” says Gérald Darmanin. Oppositions are already heard. As with the Minister of Economy Eric Lombard, from the left, which is placed in unison with the reserves already formulated by Elisabeth Borne. “It seems to me that the current legislative system is completely satisfactory so I do not see any reason” to modify the law of the soil, “he said on Sunday, marking his divergence. At the same time, the vice-president From the National Assembly, Roland Lescure (Renaissance), said he was “extremely opposed” to France 3 to the idea of touching the soil law, assuming not to “follow” the ministers Retailleau and Darmanin On the question.
“There will be no conflict within the government” on national identity subjects, promised François Bayrou on Saturday in the pages of Parisianwhile his idea of organizing a broad debate on immigration divides within the majority. “The question for me is much broader than soil law: what is it to be French? What rights and, above all, what duties does this open?”, S ‘ He was questioned, describing these questions as “essential debates”, of which he believes that he is “the guarantor of good resistance”.