Laura Laplaud 1:30 p.m., February 12, 2024

Traveling to Mayotte on Sunday, Gérald Darmanin announced the abolition of land rights on the Indian Ocean island, which is facing a serious migration crisis. Right of blood, right of soil… What rule applies in France?

"We are going to take a radical decision, which is the inclusion of the end of the right of soil in Mayotte in a constitutional revision that the President of the Republic will choose. It will no longer be possible to become French if we are not self- same child of French parents,” declared Gérald Darmanin upon his arrival on the Indian Ocean island.

For three weeks, Mayotte has been paralyzed by blockages and roadblocks installed by “citizen collectives” to protest against insecurity and uncontrolled immigration. To try to resolve the migration crisis, the Minister of the Interior therefore announced the end of land law. Right of soil, right of blood… What do these notions mean? We take stock.

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The right of blood

French nationality is said to be granted when it is obtained automatically. Thus, French nationality can be attributed from birth to any child born in France or abroad of whom at least one parent is French, this is what we call "blood law".

The law of the soil

French nationality can also be granted upon reaching the age of majority when a child is born in France to two foreign parents, this is what we call “droit du sol”. To do this, several conditions must be met: he must reside in France when he turns 18 and have his habitual residence in France for a continuous or discontinuous period of at least five years since the age of 11.

However, the child can obtain French nationality before turning 18 at the request of his or her parents (between 13 and 16 years old) or upon personal request (between 16 and 18 years old), with conditions relating to the length of residence in France.

The double law of the ground

French nationality can also be attributed to any child born in France of whom at least one parent was also born in France, this is the “double right of soil”.

There are several ways to access French nationality, by attribution or by acquisition. French nationality is said to be acquired when it has been obtained after an application has been filed. Any adult foreigner, habitually residing on French soil for at least five years, can apply to be naturalized. The decision is made by decision of the public authority and is granted under certain conditions.

Mayotte is an exception

Concerning the 101st French department, the island had been an exception since 2018. The Asylum and Immigration law had established an exemption from the principle of soil law and indicated that a child born to two foreign parents must, in addition to the conditions of residence already mentioned, prove that one of his parents had been residing in France regularly for more than three months at the time of his birth. A decision justified by the objective of dissuading irregular immigration particularly from the Comoros.