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104-451: Black French people also known as French Black people or Afro-French (Afro-Français) are French people who are Sub-Saharan African (including Afro-Caribbean , Malagasy and Afro-Arabs ) and Melanesian . It also includes people of mixed ancestry. The absence of a legal definition of what it means to be "black" in France, the extent of anti-miscegenation laws over several centuries,

208-553: A 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 native speakers of langues d'oïl from northern and central France, are primarily descended from Romans (or Gallo-Romans , western European Celtic and Italic peoples ), Gauls (including the Belgae ), as well as Germanic peoples such as

312-646: A community of French Huguenots settled in South Africa . Most of these originally settled in the Cape Colony , but have since been quickly absorbed into the Afrikaner population. After Champlain's founding of Quebec City in 1608, it became the capital of New France . Encouraging settlement was difficult, and while some immigration did occur, by 1763 New France only had a population of some 65,000. From 1713 to 1787, 30,000 colonists immigrated from France to

416-447: A general nature. Also, politicians believed that, if courts could quash legislation after it had been enacted and taken into account by citizens, there would be too much legal uncertainty: how could a citizen plan his or her actions according to what is legal or not if laws could a posteriori be found not to hold? Yet, in the late 20th century, courts, especially administrative courts, began applying international treaties, including law of

520-570: A majority of French people had other first languages (local languages such as Occitan , Catalan , Alsatian , West Flemish , Lorraine Franconian , Gallo , Picard or Ch'timi and Arpitan ). Today, many immigrants speak another tongue at home. According to historian Eric Hobsbawm , "the French language has been essential to the concept of 'France'," although in 1789, 50 percent of the French people did not speak it at all, and only 12 to 13 percent spoke it fairly well; even in oïl languages zones, it

624-635: A trial or a lawsuit have been able to ask for the council to review whether the law applied in the case is constitutional ( a posteriori review). In 1971, the council ruled that conformity with the Constitution also entails conformity with two other texts referred to in the preamble of the Constitution, the Declaration of the Rights of Man and of the Citizen and the preamble of the constitution of

728-433: Is also widely spoken, arguably the largest minority language in France as of the 21st century (a spot previously held by Breton and Occitan ). Modern French society is a melting pot . From the middle of the 19th century, it experienced a high rate of inward migration , mainly consisting of Spaniards , Portuguese , Italians , Arab-Berbers , Jews , Sub-Saharan Africans , Chinese , and other peoples from Africa ,

832-623: Is estimated that 20,000 settlers were living in Saigon in 1945, and there were 68,430 European settlers living in Madagascar in 1958. 1.6 million European pieds noirs settlers migrated from Algeria , Tunisia and Morocco . In just a few months in 1962, 900,000 pied noir settlers left Algeria in the most massive relocation of population in Europe since the World War II . In

936-550: Is estimated that four out of five black people in France are of African immigrant origin, with the minority being chiefly of Caribbean ancestry. Some organizations, such as the Representative Council of France's Black Associations (French: Conseil représentatif des associations noires de France , CRAN), have argued in favor of the introduction of data collection on minority groups but this has been resisted by other organizations and ruling politicians, often on

1040-399: Is happening as part of a background evolution and recent studies confirmed the results of their assimilation, showing that "North Africans seem to be characterized by a high degree of cultural integration reflected in a relatively high propensity to exogamy " with rates ranging from 20% to 50%. According to Emmanuel Todd the relatively high exogamy among French Algerians can be explained by

1144-582: Is housed in the Palais-Royal in Paris . Its main activity is to rule on whether proposed statutes conform with the Constitution, after they have been voted by Parliament and before they are signed into law by the president of the republic ( a priori review), or passed by the government as a decree, which has law status in many domains, a right granted to the government under delegation of Parliament. Since 1 March 2010, individual citizens who are party to

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1248-498: Is my home". Indeed, the country has long valued its openness , tolerance and the quality of services available. Application for French citizenship is often interpreted as a renunciation of previous state allegiance unless a dual citizenship agreement exists between the two countries (for instance, this is the case with Switzerland : one can be both French and Swiss). The European treaties have formally permitted movement and European citizens enjoy formal rights to employment in

1352-626: Is now moot , since the Parliament redefined the rules of responsibility of the president of the republic by the French constitutional law of 23 July 2008 . In 1999, because of the Elf scandal , Dumas took official leave from the Council and Yves Guéna assumed the interim presidency. In 2005, the council again attracted some controversy when Valéry Giscard d'Estaing and Simone Veil campaigned for

1456-602: Is such a thing as a "French ethnic group". The discourse of ethno-nationalist groups such as the Front National (FN), however, advances the concept of Français de souche or "indigenous" French. The conventional conception of French history starts with Ancient Gaul, and French national identity often views the Gauls as national precursors, either as biological ancestors (hence the refrain nos ancêtres les Gaulois ), as emotional/spiritual ancestors, or both. Vercingetorix ,

1560-509: Is thought to have survived into the 6th century in France, despite considerable Romanization of the local material culture. Coexisting with Latin, Gaulish helped shape the Vulgar Latin dialects that developed into French, with effects including loanwords and calques (including oui , the word for "yes"), sound changes, and influences in conjugation and word order. Today, the last redoubt of Celtic language in France can be found in

1664-638: The Americas , with the exception of the Huguenots , due to a lower birthrate than in the rest of Europe. However, significant emigration of mainly Roman Catholic French populations led to the settlement of the Province of Acadia , Canada (New France) and Louisiana , all (at the time) French possessions, as well as colonies in the West Indies , Mascarene islands and Africa . On 30 December 1687,

1768-525: The Danelaw in the region known today as Normandy in the 9th and 10th centuries. This later became a fiefdom of the Kingdom of France under King Charles III . The Vikings eventually intermarried with the local people, converting to Christianity in the process. The Normans, two centuries later, went on to conquer England and Southern Italy . Eventually, though, the largely autonomous Duchy of Normandy

1872-751: The Dravidian peoples of southern India, and the Melanesians of the south-western Pacific Ocean (including the French territory of New Caledonia ), of whom Christian Karembeu is a famous representative. Although it is illegal for the government of France to collect data on ethnicity and race in the census (a law with its origins in the 1789 revolution and reaffirmed in the constitution of 1958 ), various population estimates exist. An article in The New York Times in 2008 stated that estimates vary between 3 million and 5 million. It

1976-502: The European Union , as superior to national law. A 2009 reform, effective on 1 March 2010, enables parties to a lawsuit or trial to question the constitutionality of the law that is being applied to them. The procedure, known as question prioritaire de constitutionnalité , is broadly as follows: the question is raised before the trial judge and, if it has merit, is forwarded to the appropriate supreme court (Council of State if

2080-704: The Fourth Republic , both of which list constitutional rights . Members are referred to as les sages ("the wise") in the media and the general public, as well as in the council's own documents. Legal theorist Arthur Dyevre notes that this "tends to make those who dare criticise them look unwise." Since 2016, Laurent Fabius has served as President of the Constitutional Council ( Président du Conseil constitutionnel ) following his appointment by President François Hollande . The Council has two main areas of power: Examination of laws by

2184-1169: The Franks , the Visigoths , the Suebi and the Burgundians who settled in Gaul from east of the Rhine after the fall of the Roman Empire , as well as various later waves of lower-level irregular migration that have continued to the present day. The Norsemen also settled in Normandy in the 10th century and contributed significantly to the ancestry of the Normans . Furthermore, regional ethnic minorities also exist within France that have distinct lineages, languages and cultures such as Bretons in Brittany , Occitans in Occitania , Basques in

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2288-813: The French Basque Country , Catalans in northern Catalonia , Germans in Alsace , Corsicans in Corsica and Flemings in French Flanders . France has long been a patchwork of local customs and regional differences, and while most French people still speak the French language as their mother tongue , languages like Picard , Poitevin-Saintongeais , Franco-Provencal , Occitan , Catalan , Auvergnat , Corsican , Basque , French Flemish , Lorraine Franconian , Alsatian , Norman , and Breton remain spoken in their respective regions. Arabic

2392-568: The French Constitution , according to which "French" is a nationality , and not a specific ethnicity. France sits at the edge of the European peninsula and has seen waves of migration of groups that often settled owing to the presence of physical barriers preventing onward migration. This has led to language and regional cultural variegation, but the extent to which this pattern of migrations showed up in population genetics studies

2496-548: The French West Indies ( French Caribbean ), and in foreign countries with significant French-speaking population groups or not, such as the United States ( French Americans ), Canada ( French Canadians ), Argentina ( French Argentines ), Brazil ( French Brazilians ), Mexico ( French Mexicans ), Chile ( French Chileans ) and Uruguay ( French Uruguayans ). To be French, according to

2600-475: The Industrial Revolution . The pace of industrial growth attracted millions of European immigrants over the next century, with especially large numbers arriving from Poland , Belgium , Portugal , Italy , and Spain . In the period from 1915 to 1950, many immigrants came from Czechoslovakia , Hungary , Russia , Scandinavia and Yugoslavia . Small but significant numbers of Frenchmen in

2704-691: The Middle East and East Asia , and the government, defining France as an inclusive nation with universal values, advocated assimilation through which immigrants were expected to adhere to French values and cultural norms. Nowadays, while the government has let newcomers retain their distinctive cultures since the mid-1980s and requires from them a mere integration , French citizens still equate their nationality with citizenship as does French law. In addition to mainland France, French people and people of French descent can be found internationally, in overseas departments and territories of France such as

2808-677: The Saint-Domingue . In 1805, when the French were forced out of Saint-Domingue ( Haiti ), 35,000 French settlers were given lands in Cuba . By the beginning of the 17th century, some 20% of the total male population of Catalonia was made up of French immigrants. In the 18th century and early 19th century, a small migration of French emigrated by official invitation of the Habsburgs to the Austro-Hungarian Empire , now

2912-543: The United States Census , French people are not asked to define their ethnic appartenance, whichever it may be. The usage of ethnic and racial categorization is avoided to prevent any case of discrimination; the same regulations apply to religious membership data that cannot be compiled under the French Census. This classic French republican non- essentialist conception of nationality is officialized by

3016-529: The president of the republic , the president of the National Assembly and the president of the Senate . The president of the Constitutional Council is selected by the president of the republic for a term of nine years. If the position becomes vacant, the oldest member becomes interim president. Following the 2008 constitutional revision , appointments that the president of the republic makes to

3120-543: The prime minister . The re-definition of legislative dispositions as regulatory matters initially constituted a significant share of the (then light) caseload of the council. In the case of other statutes, seeking the oversight of the council is not compulsory. However, the president of the republic, the president of the Senate , the president of the National Assembly , the prime minister of France , 60 members of

3224-453: The " Cahiers commentaries" ( commentaires aux Cahiers ). The purpose of the Cahiers , as summed up by its then-editor, was also to "express the policy of dialogue of the Constitutional Council with academia as well as with foreign courts". Each issue included a special feature, as well as an article on a foreign constitutional court , authored by legal scholars and researchers. With

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3328-534: The " One-drop rule ", is also highly open to criticism, and only partially correlates with skin color and historical trajectory. If the black Americans can be roughly compared to French black people from the overseas departments (notably the West Indies, even if equal rights there go back much further than in the US), the bulk of dark-skinned people living in mainland France have nothing to do with this pattern or with

3432-401: The 1789 French Revolution . It replaced the ancient kingdom of France, ruled by the divine right of kings . The 1870 Franco-Prussian War , which led to the short-lived Paris Commune of 1871, was instrumental in bolstering patriotic feelings; until World War I (1914–1918), French politicians never completely lost sight of the disputed Alsace-Lorraine region which played a major role in

3536-590: The 1970s, over 30,000 French settlers left Cambodia during the Khmer Rouge regime as the Pol Pot government confiscated their farms and land properties. In the 1960s, a second wave of immigration came to France, which was needed for reconstruction purposes and for cheaper labour after the devastation brought on by World War II . French entrepreneurs went to Maghreb countries looking for cheap labour, thus encouraging work-immigration to France. Their settlement

3640-641: The 7th century BCE or earlier, and non-Celtic peoples including the Ligures , Aquitanians and Basques in Aquitaine. The Belgae , who lived in the northern and eastern areas, may have had Germanic admixture; many of these peoples had already spoken Gaulish by the time of the Roman conquest. Gaul was militarily conquered in 58–51 BCE by the Roman legions under the command of General Julius Caesar , except for

3744-636: The Conseil représentatif des associations noires, or in other ways. Much of the academic literature dedicated to black people comes from the USA, where "black identity" is relatively homogeneous: these are essentially the descendants of slaves brought over in the 18th century to work on the plantations of the American Southeast. However, the definition of "black" in the United States, based on

3848-418: The Constitutional Council brings to bear on the acts of the executive branch has played an increasingly large role, the politicians who have framed the successive French institutions have long been reluctant to have the judiciary review legislation. The argument was that un-elected judges should not be able to overrule directly the decisions of the democratically elected legislature. This may also have reflected

3952-422: The Constitutional Council should abstain from partisanship . They should refrain from making declarations that could lead them to be suspected of partisanship. The possibility for former presidents to sit in the council is a topic of moderate controversy; some see it as incompatible with the absence of partisanship. René Coty , Vincent Auriol , Valéry Giscard d'Estaing , Jacques Chirac and Nicolas Sarkozy are

4056-465: The Constitutional Council. The Court of Cassation (supreme court over civil and criminal courts) and the Council of State (supreme court over administrative courts) each filter the requests coming from the courts under them. Lois organiques , and other decisions organizing how this system functions, were subsequently adopted. The revised system was activated on 1 March 2010. On 29 December 2012,

4160-598: The Franks, led by the Merovingian king Clovis I and his sons, had consolidated their hold on much of modern-day France. The other major Germanic people to arrive in France, after the Burgundians and the Visigoths , were the Norsemen or Northmen . Known by the shortened name " Norman " in France, these were Viking raiders from modern Denmark and Norway . They settled with Anglo-Scandinavians and Anglo-Saxons from

4264-540: The French Revolution, it divided social classes, with the peasants identifying with the native Gauls while the aristocracy identified with the Franks. During the early nineteenth century, intellectuals began using the identification with Gaul instead as a unifying force to bridge divisions within French society with a common national origin myth . Myriam Krepps of the University of Nebraska-Omaha argues that

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4368-469: The French people. In 1971, however, the Council ruled unconstitutional ( Decision 71-44DC ) some provisions of a law changing the rules for the incorporation of private nonprofit associations, because they infringed on freedom of association, one of the principles of the 1789 Declaration of the Rights of Man and of the Citizen ; they used the fact that the preamble of the French constitution briefly referred to those principles to justify their decision. For

4472-555: The Gaulish chieftain who tried to unite the various Gallic tribes of the land against Roman encroachment but was ultimately vanquished by Julius Caesar , is often revered as a "first national hero". In the famously popular French comic Asterix , the main characters are patriotic Gauls who fight against Roman invaders while in modern days the term Gaulois is used in French to distinguish the "native" French from French of immigrant origins. However, despite its occasional nativist usage,

4576-403: The Gaulish identity has also been embraced by French of non-native origins as well: notably, Napoleon III , whose family was ultimately of Corsican and Italian roots, identified France with Gaul and Vercingetorix, and declared that "New France, ancient France, Gaul are one and the same moral person." It has been noted that the French view of having Gallic origins has evolved over history. Before

4680-405: The National Assembly, or 60 Senators can submit a statute for examination by the council before its signing into law by the president. In general, it is the parliamentary opposition that brings laws that it deems to infringe civil rights before the council. Another task, of lesser importance in terms of number of referrals, is the reclassification of statute law into the domain of regulations on

4784-953: The North and Northeast regions have relatives in Germany and Great Britain . Between 1956 and 1967, about 235,000 North African Jews from Algeria, Tunisia, and Morocco also immigrated to France due to the decline of the French empire and following the Six-Day War. Hence, by 1968, Jews of North African origin comprised the majority of the Jewish population of France. As these new immigrants were already culturally French they needed little time to adjust to French society. French law made it easy for thousands of settlers ( colons in French), national French from former colonies of North and East Africa , India and Indochina to live in mainland France. It

4888-471: The Republic , prime minister , ministers and their services and affiliated organisations); a legislative branch (both houses of Parliament ); and a judicial branch . The judicial branch does not constitute a single hierarchy: For historical reasons, there has long been political hostility in the nation to the concept of a "Supreme Court"—that is, a powerful court able to quash legislation, because of

4992-478: The Roman army and obtained important commands. Their language is still spoken as a kind of Dutch ( French Flemish ) in northern France ( French Flanders ). The Alamans , another Germanic people immigrated to Alsace , hence the Alemannic German now spoken there. The Alamans were competitors of the Franks, and their name is the origin of the French word for "German": Allemand . By the early 6th century,

5096-682: The US and the UK) but as social conflicts born out of socioeconomic problems endangering proper integration. Historically, the heritage of the French people is mostly of Celtic or Gallic , Latin ( Romans ) origin, descending from the ancient and medieval populations of Gauls or Celts from the Atlantic to the Rhone Alps , Germanic tribes that settled France from east of the Rhine and Belgium after

5200-432: The case can obtain the cancellation of these regulations by the Council of State , on grounds that the executive has exceeded its authority. Furthermore, the Council of State can quash regulations on grounds that they violate existing statute law, constitutional rights, or the "general principles of law". In addition, new acts can be referred to the Constitutional Council by a petition just prior to being signed into law by

5304-447: The centuries to France, creating a variegated grouping of peoples. Thus the historian John F. Drinkwater states, "The French are, paradoxically, strongly conscious of belonging to a single nation, but they hardly constitute a unified ethnic group by any scientific gauge." The modern French are the descendants of mixtures including Romans , Celts , Iberians , Ligurians and Greeks in southern France, Germanic peoples arriving at

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5408-474: The colonial link between France and Algeria. A small French descent group also subsequently arrived from Latin America ( Argentina , Chile and Uruguay ) in the 1970s. Most French people speak the French language as their mother tongue , but certain languages like Norman , Occitan languages , Corsican , Euskara , French Flemish and Breton remain spoken in certain regions (see Language policy in France ). There have also been periods of history when

5512-410: The constitutional objective that law should be accessible and understandable, law should be precise and clear, and devoid of details or equivocal formulas. The practice of the Parliament putting into laws remarks or wishes with no clear legal consequences has been a long-standing concern of French jurists. As of 2004 , one law out of two, including the budget, was sent to the council at the request of

5616-445: The council are subject to a parliamentary approval process, where the relevant committee in the Senate and the National Assembly votes on the appointee. If greater than three-fifths of the members of either committee vote against confirming the appointee, then the appointee must be withdrawn by the president of the republic . A quorum of seven members is imposed unless exceptional circumstances are noted. Votes are by majority of

5720-556: The council is compulsory for some acts, such as for organic bills , those which fundamentally affect government, and treaties, which need to be assessed by the council before they are considered ratified (Article 61-1 and 54). Amendments concerning the rules governing parliamentary procedures need to be considered by the council as well. Guidance may be sought from the council in regard to whether reform should come under statute law (voted by Parliament) or whether issues are considered as règlement (regulation) to be adopted with decree of

5824-444: The council itself, although the office and secretary general assist with the bulk of the legal research for its decisions. They do not have the force of law, although they are increasingly mentioned in arguments before the council, and occasionally in lower courts. Since 2010, they are no longer published in the subsequent issue of the periodical, but online at the same time as the decision. They are however still commonly referred to as

5928-444: The council said it was overturning an upper income tax rate of 75% due to be introduced in 2013. In 1995, Roland Dumas was appointed president of the Council by François Mitterrand . Dumas twice attracted major controversy. First, he was reported as party to scandals regarding the Elf Aquitaine oil company, with many details regarding his mistress , Christine Deviers-Joncour, and his expensive tastes in clothing being published in

6032-479: The council was meant to have rather technical responsibilities: ensuring that national elections were fair, arbitrating the division between statute law (from the legislative) and regulation (from the executive), etc. The council role of safekeeping fundamental rights was probably not originally intended by the drafters of the Constitution of the French Fifth Republic : they believed that Parliament should be able to ensure that it did not infringe on such rights. However,

6136-434: The council's activity has considerably extended since the 1970s, when questions of justice for larger groups of people became pressing. From 1958 to 1970, under Charles de Gaulle 's presidency, the Constitutional Council was sometimes described as a "cannon aimed at Parliament", protecting the executive branch against encroachment by statute law voted by Parliament. All but one referral to the Constitutional Council came from

6240-413: The council's intents. Starting in 1996, the Cahiers "Decisions and Documents of the Constitutional Council" section included analyses of recent decisions, formally called "commentaries" from November 2008. Commentaries became extensive, widely read and used by the legal community and the media. They are written by the council's Legal Office and secretary general, and unsigned; they are not approved by

6344-416: The decline of the Roman Empire in Western Europe, a federation of Germanic peoples entered the picture: the Franks , from which the word "French" derives. The Franks were Germanic pagans who began to settle in northern Gaul as laeti during the Roman era. They continued to filter across the Rhine River from present-day Netherlands and Germany between the 3rd and 7th centuries. Initially, they served in

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6448-425: The definition of the French nation and therefore of the French people. The decrees of 24 October 1870 by Adolphe Crémieux granted automatic and massive French citizenship to all Jewish people of Algeria. Successive waves of immigrants during the 19th and 20th centuries were rapidly assimilated into French culture . France's population dynamics began to change in the middle of the 19th century, as France joined

6552-526: The distance between personalities such as Claudia Tagbo (a naturalized French actress from Côte d'Ivoire), Omar Sy (a French actor born in Trappes to Senegalese and Malian parents), Lucien Jean-Baptiste (an actor from Martinique) and JoeyStarr (born in Paris to Martinique parents of Afro-Caribbean, Breton and Chinese descent), Éric Judor (born to a father of mixed race from Guadeloupe and an Austrian mother) and Vikash Dhorasoo (of south Indian origin). Other non-African black-skinned ethnic groups include some of

6656-462: The duration of a campaign. Veil defended herself by pointing to precedent; she said, "How is that his [Debré's] business? He has no lesson to teach me." The council is made up of former Presidents of the Republic who have chosen to sit in the Council (which they may not do if they become directly involved in politics again) and nine other members who serve non-renewable terms of nine years, one third of whom are appointed every three years, three each by

6760-416: The end of the Roman Empire such as the Franks and the Burgundians , and some Vikings who mixed with the Normans and settled mostly in Normandy in the 9th century. According to Dominique Schnapper , "The classical conception of the nation is that of an entity which, opposed to the ethnic group, affirms itself as an open community, the will to live together expressing itself by the acceptation of

6864-449: The experience of citizens in the pre-Revolutionary era. Whether the Constitutional Council is a court is a subject of academic discussion, but some scholars consider it effectively the supreme court of France. The Constitution of the French Fifth Republic distinguishes two kinds of legislation: statute law , which is normally voted upon by Parliament (except for ordonnances ), and government regulations, which are enacted by

6968-409: The fall of the Roman Empire such as the Franks , Burgundians , Allemanni , Visigoths , and Suebi , Latin and Roman tribes such as Ligurians and Gallo-Romans , Basques , and Norse populations largely settling in Normandy at the beginning of the 10th century as well as " Bretons " (Celtic Britons) settling in Brittany in Western France . The name "France" etymologically derives from

7072-489: The first article of the French Constitution , is to be a citizen of France, regardless of one's origin, race, or religion ( sans distinction d'origine, de race ou de religion ). According to its principles, France has devoted itself to the destiny of a proposition nation , a generic territory where people are bounded only by the French language and the assumed willingness to live together, as defined by Ernest Renan 's " plébiscite de tous les jours " ('everyday plebiscite') on

7176-558: The first time, a statute was declared unconstitutional not because it infringed on technical legal principles, but because it was deemed to infringe on personal freedoms of citizens. In 1974, authority to request a constitutional review was extended to 60 members of the National Assembly or 60 senators. Soon, the political opposition seized that opportunity to request the review of all controversial acts. The Council increasingly has discouraged " riders " ( cavaliers ) – amendments or clauses introduced into bills that have no relationship to

7280-456: The great diversity of black populations (African, Caribbean, etc) and the lack of legal recognition of ethnicity in French population censuses make this social entity extremely difficult to define, unlike in countries such as the United States . In France, there is no formal definition of ethnicity, particularly in terms of its relationship to French identity or to métissage. However, this type of identity may be reflected in organizations such as

7384-416: The grounds that collecting such statistics goes against France's secular principles and harkens back to Vichy -era identity documents. During the 2007 presidential election , however, Nicolas Sarkozy was polled on the issue and stated that he favoured the collection of data on ethnicity. Part of a parliamentary bill which would have permitted the collection of data for the purpose of measuring discrimination

7488-423: The history of slavery: as historian and former minister Pap Ndiaye points out, in France "the black group is infinitely diverse socially and culturally, and lumping all blacks into the same categorical bag is a problematic operation." This great complexity in talking about "Blacks" served as the basis for the screenplay of the film Tout simplement noir (by Jean-Pascal Zadi and John Wax, 2020), which illustrates

7592-423: The idea that courts could quash legislation enacted by Parliament (though administrative courts could quash regulations produced by the executive). This reluctance was based in the French revolutionary era: pre-revolutionary courts had often used their power to refuse to register laws and thus prevent their application for political purposes, and had blocked reforms. French courts were prohibited from making rulings of

7696-509: The island of Saint-Martin hold French nationality even though they do not speak French as a first language, while their neighbouring French-speaking Haitian immigrants (who also speak a French-creole) remain foreigners. Large numbers of people of French ancestry outside Europe speak other first languages, particularly English, throughout most of North America (with Quebec and Acadians in the Canadian Maritimes being notable, not

7800-410: The members present at the meeting; the president of the council has a casting vote in case of an equal split. For decisions about the incapacity of the president of the republic, a majority of the members of the council is needed. The members of the Constitutional Council are sworn in by the president of the republic. Former presidents have the option to sit if they choose to do so. The members of

7904-656: The nations of Austria , Czech Republic , Hungary , Slovakia , Serbia and Romania . Some of them, coming from French-speaking communes in Lorraine or being French Swiss Walsers from the Valais canton in Switzerland , maintained for some generations the French language and a specific ethnic identity, later labelled as Banat (French: Français du Banat ). By 1788, there were eight villages populated by French colonists. The French First Republic appeared following

8008-476: The northwestern region of Brittany , although this is not the result of a survival of Gaulish language but of a 5th-century AD migration of Brythonic speaking Celts from Britain . The Vulgar Latin in the region of Gallia took on a distinctly local character, some of which is attested in graffiti, which evolved into the Gallo-Romance dialects which include French and its closest relatives. With

8112-590: The only former Presidents of France to have sat in the Constitutional Council. As of 2022 , the current sitting members of the Constitutional Council are: As of 2020 , the following members do not sit but can if they choose to: As of 2023 , the following individuals have served as President of the Constitutional Council: The council created a periodical in 1996, Les Cahiers du Conseil constitutionnel , from October 2010 (No. 29) Les Nouveaux Cahiers du Conseil constitutionnel . This

8216-467: The only, exceptions), Spanish or Portuguese in southern South America , and Afrikaans in South Africa . The adjective "French" can be used to mean either "French citizen" or "French-speaker", and usage varies depending on the context, with the former being common in France. The latter meaning is often used in Canada, when discussing matters internal to Canada. Generations of settlers have migrated over

8320-435: The opposition. In January 2005, Pierre Mazeaud, then president of the council, publicly deplored the inflation of the number of constitutional review requests motivated by political concerns, without much legal argumentation to back them on constitutional grounds. The French constitutional law of 23 July 2008 amended article 61 of the Constitution. It now allows for courts to submit questions of unconstitutionality of laws to

8424-636: The original topic of the bill; for instance, "budgetary riders" in the Budget bill, or "social riders" in the Social security budget bill. See legislative riders in France . In January 2005, Pierre Mazeaud , then president of the Constitutional Council, announced that the council would take a stricter view of language of a non-prescriptive character introduced in laws, sometimes known as "legislative neutrons". Instead of prescribing or prohibiting, as advocated by Portalis , such language makes statements about

8528-402: The poor impression resulting from the political action of the parlements – courts of justice under the ancien régime monarchy: these courts often had chosen to block legislation in order to further the privileges of a small caste in the nation. The idea was that legislation was a political tool, and that the responsibility of legislation should be borne by the legislative body. Originally,

8632-420: The president of the republic. The most common circumstance for this is that 60 opposition members of the National Assembly , or 60 opposition members of the Senate request such a review. If the prime minister thinks that some clauses of existing statute law instead belong to the domain of regulations, he can ask the council to reclassify these clauses as regulations. Traditionally, France refused to accept

8736-697: The press. In this period, the council issued some highly controversial opinions in a decision related to the International Criminal Court , in Decision 98–408 DC , declaring that the sitting president of the republic could be tried criminally only by the High Court of Justice, a special court organized by Parliament and originally meant for cases of high treason. This, in essence, ensured that Jacques Chirac would not face criminal charges until he left office. This controversial decision

8840-436: The prime minister and his government as decrees and other regulations ( arrêtés ). Article 34 of the Constitution exhaustively lists the areas reserved for statute law: these include, for instance, criminal law . Any regulation issued by the executive in the areas constitutionally reserved for statute law is unconstitutional unless it has been authorized by a statute as secondary legislation . Any citizen with an interest in

8944-559: The prime minister's request. This happens when the prime minister and his government wish to alter law that has been enacted as statute law, but should instead belong to regulations according to the Constitution. The prime minister has to obtain reclassification from the council prior to taking any decree changing the regulations. This, however, is nowadays only a small fraction of the council's activity: in 2008, out 140 of decisions, only 5 concerned reclassifications. The Government of France consists of an executive branch ( President of

9048-461: The prime minister, against acts of Parliament, and the council agreed to partial annulments in all cases. The only remaining referral came from the president of the Senate, Gaston Monnerville , against the 1962 referendum on direct election of the President of the Republic, which Charles de Gaulle supported. The Council ruled that it was "incompetent" to cancel the direct expression of the will of

9152-446: The proposed European Constitution , which was submitted to the French voters in a referendum. Simone Veil had participated in the campaign after obtaining a leave of absence from the council. This action was criticized by some, including Jean-Louis Debré , president of the National Assembly , who thought that prohibitions against appointed members of the council conducting partisan politics should not be evaded by their taking leave for

9256-411: The referral comes from an administrative court, Court of Cassation for other courts). The supreme court collects such referrals and submits them to the Constitutional Council. If the Constitutional Council rules a law to be unconstitutional, this law is struck down from the law books. The decision applies to everyone and not only to the cases at hand. While since the 19th century the judicial review that

9360-421: The rules of a unified public domain which transcends all particularisms". This conception of the nation as being composed by a "will to live together," supported by the classic lecture of Ernest Renan in 1882, has been opposed by the French far-right , in particular the nationalist Front National ("National Front" – FN / now Rassemblement National - "National Rally" - RN) party which claims that there

9464-482: The separate publication of commentaries from 2010, it was more clearly turned into a law journal , upon which it became the Nouveaux Cahiers . It ran until April 2018, with two to four issues every year, published both in print and online. In September 2018, it was succeeded by Titre VII , named after title VII of the Constitution , which establishes the council. Publication is exclusively digital, on

9568-515: The south-east which had already been conquered about one century earlier. Over the next six centuries, the two cultures intermingled, creating a hybridized Gallo-Roman culture . In the late Roman era, in addition to colonists from elsewhere in the Empire and Gaulish natives, Gallia also became home to some immigrant populations of Germanic and Scythian origin, such as the Alans . The Gaulish language

9672-429: The state of the world, or wishes about what it should be. Previously, such language was considered devoid of juridical effects and thus harmless; but Mazeaud contended that introducing vague language devoid of juridical consequences dilutes law unnecessarily. He denounced the use of law as an instrument of political communication, expressing vague wishes rather than effective legislation. Mazeaud also said that, because of

9776-639: The state sector (though not as trainees in reserved branches, e.g., as magistrates ). Seeing itself as an inclusive nation with universal values, France has always valued and strongly advocated assimilation . However, the success of such assimilation has recently been called into question. There is increasing dissatisfaction with, and within, growing ethno-cultural enclaves ( communautarisme ). The 2005 French riots in some troubled and impoverished suburbs ( les quartiers sensibles ) were an example of such tensions. However they should not be interpreted as ethnic conflicts (as appeared before in other countries like

9880-511: The view of "a unified territory (one land since the beginning of civilization) and a unified people" which de-emphasized "all disparities and the succession of waves of invaders" was first imprinted on the masses by the unified history curriculum of French textbooks in the late 1870s. Since the beginning of the Third Republic (1871–1940), the state has not categorized people according to their alleged ethnic origins. Hence, in contrast to

9984-522: The willingness to live together, in Renan's 1882 essay " Qu'est-ce qu'une nation? "). The debate concerning the integration of this view with the principles underlying the European Community remains open. France has been historically open to immigration, although this has changed in recent years. Referring to this perceived openness, Gertrude Stein , wrote: "America is my country but Paris

10088-524: The word Francia , the territory of the Franks . The Franks were a Germanic tribe that overran Roman Gaul at the end of the Roman Empire . In the pre-Roman era, Gaul (an area of Western Europe that encompassed all of what is known today as France, Belgium, part of Germany and Switzerland, and Northern Italy) was inhabited by a variety of peoples who were known collectively as the Gaulish tribes . Their ancestors were Celts who came from Central Europe in

10192-717: Was also identified in the fourteenth century, consistent with the timing for the Black Death in Europe. Constitutional Council (France) The Constitutional Council ( French : Conseil constitutionnel ; French pronunciation: [kɔ̃sɛj kɔ̃stitysjɔnɛl] ) is the highest constitutional authority in France . It was established by the Constitution of the Fifth Republic on 4 October 1958 to ensure that constitutional principles and rules are upheld. It

10296-628: Was done in view of a better communication over the council's decisions, especially following the 1993 controversy over the decision to strike down a government bill on the right of asylum , during which Prime Minister Édouard Balladur had publicly attacked the institution. Decisions of the council traditionally include an extremely short and purely formal judicial opinion , often relying of plain statements if not tautologies, leaving its rationale and its use of principles and precedents open to interpretation. Before 1996, secretaries general occasionally contributed articles in law reviews in order to clarify

10400-484: Was incorporated back into the royal domain (i. e. the territory under direct control of the French king) in the Middle Ages . In the crusader Kingdom of Jerusalem , founded in 1099, at most 120,000 Franks, who were predominantly French -speaking Western Christians, ruled over 350,000 Muslims, Jews, and native Eastern Christians. Unlike elsewhere in Europe, France experienced relatively low levels of emigration to

10504-500: Was not usually used except in cities, and even there not always in the outlying districts . Abroad, the French language is spoken in many different countries – in particular the former French colonies . Nevertheless, speaking French is distinct from being a French citizen. Thus, francophonie , or the speaking of French, must not be confused with French citizenship or ethnicity. For example, French speakers in Switzerland are not "French citizens". Native English-speaking Blacks on

10608-641: Was officialized with Jacques Chirac 's family regrouping act of 1976 ( regroupement familial ). Since then, immigration has become more varied, although France stopped being a major immigration country compared to other European countries. The large impact of North African and Arab immigration is the greatest and has brought racial , socio-cultural and religious questions to a country seen as homogenously European, French and Christian for thousands of years. Nevertherless, according to Justin Vaïsse , professor at Sciences Po Paris , integration of Muslim immigrants

10712-825: Was rejected by the Conseil Constitutionnel in November 2007. There have been dozens of Afro-Caribbean, Kanak, and Afro-French MPs representing overseas electoral districts at the French National Assembly or at the French Senate, and several government members. French people France: 67,413,000 French diaspora and ancestry : c.  30 million Asia Middle East Europe North America South America Oceania The French people ( French : Les Français , lit.   'The French') are

10816-403: Was unclear until the publication of a study in 2019 that used genome wide data. The study identified six different genetic clusters that could be distinguished across populations. The study concluded that the population genetic clusters correlate with linguistic and historical divisions in France and with the presence of geographic barriers such as mountains and major rivers. A population bottleneck

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