Concept

French nationality law

Summary
French nationality law is historically based on the principles of jus soli (Latin for "right of soil") and jus sanguinis, according to Ernest Renan's definition, in opposition to the German 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 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. 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. French nationality and citizenship were concepts that existed even before the French Revolution, 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. 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 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. Military service and state education were two processes central to the creation of a common national culture.
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