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Statut des Juifs – Abrogation du Décret Crémieux, Lois des 3 et 7 Octobre 1940 et décret du 20 Novembre 1940

Date:

17.04.1941

Archive:

Aix-en-Provence

Folder Number:

AEP_93_3G_5-6_0485-0512

Description

The file includes, in addition to the general letters giving evolving interpretations of the texts of the laws and their modalities of application, the examination of some specific cases. Note the one dated April 17, 1941 addressed to Marshal Pétain by Madame widow Bedoucha of Constantine, mother of 12 children and whose husband, a Tunisian subject and naturalized by decree of 1923, was killed during the riots in Constantine on August 3, 1934. She wishes to know if her children, six of whom are boys, keep their French citizenship and if so if they can claim places in public administrations. On July 7, 1941, the Governor General of Algeria transmitted his response to the Prefect of Constantine that on the one hand her husband was not concerned by the abolition of the Crémieux decree since he was naturalized by individual decree, and that her children had therefore retained French nationality, but on the other hand the quality of citizens of her children can only be decided by the courts and “that in any case they are subject to the statute of the Jews with regard to their access [unreadable word] in public administrations”.

December 7, 1940 – The Governor General of Algeria responds to a request from the Prefect of Oran “under which conditions Article 5 of the Law of October 7, 1940 abrogating the Crémieux Decree should be applied. Under the terms of this article, a decree may preserve the political status of French citizen for Jews who have distinguished themselves by services rendered to the country”. He specifies in what spirit the requests must be examined : “This is an exceptional measure from which only Algerian Jews who have rendered eminent social, literary, scientific or economic service to the country can benefit. The fact of having been a civil servant without reproach, of having collaborated in social or sporting works, of having managed his affairs as a “good father”, will in no way constitute a title for obtaining a measure, the granting of which must remain, according to the letter and the spirit of the Law, a rare favor. Only those persons who will have effectively acquired indisputable titles to the gratitude of the Nation by a discovery of all kinds or an invention having had a great impact, by initiatives having contributed in an important way to the development of the Country in all fields by scientific or literary works of high value”. Copy of this answer is made to the Prefect of Constantine.

February 8, 1941 – The Minister of Justice informs the Minister of the Interior of his opinion on who are the persons covered by the Law of October 7, 1940 : native Jews who had automatically acquired the quality of French citizen by virtue of the Crémieux decree and their descendants, but not those who had been naturalized prior to the Crémieux decree, nor the foreign Jews individually naturalized, as well as their descendants.

May 21, 1941 – The Governor General of Algeria instructs the Prefect of Constantine on how to present applications for admission to maintain the political status of Citizen. The note bears a stamp “ALGERIAN JEWS Law of October 7, 1940 art.5 Decree of November 20, 1940 art., 6 and 7″. The imposed procedure : “after an administrative inquiry, the Prefect will communicate the file to the Public Prosecutor of the applicant’s domicile for an opinion. The Public Prosecutor will attach to the file an extract from the criminal record (bulletin n° 2) and return the file to the Prefect ; the latter will forward the file with his proposal to the Governor General of Algeria who, in a justifiable report, will refer it to the Minister, Secretary of State for the Interior”. Each file must include :

– a report of the administrative investigation ;

– an opinion from the State Prosecutor ;

– a letter containing the Prefect’s proposals ;

– a justifiable report from the Governor General.

He recalls that in the past many requests were based on “considerations unrelated to the strict notion of services rendered to the country so that the production of a lengthy reasoned opinion is rarely necessary”. The Governor adds that he has had special files drawn up for the purposes of “a rapid procedure and [for] the sake of a presentation, both uniform and practical, of all the cases of the species”. It specifies how to use it in detail.

September 1, 1941 – The Governor General of Algeria informs the Prefect of Constantine that the special commission in Vichy to examine the files of Algerian Jews wishing to maintain the quality of citizen “has issued a rejection notice concerning requests from Jews Algerian natives domiciled in your department… ”. Twelve names of people are mentioned.

November 14, 1941 – The Governor General of Algeria informs the Prefect of Constantine of “the importance of the special commission in Vichy in charge of examining the requests for exemption made by Algerian Jews in application of art. 5 of the law of October 7, 1940 requires that a serious investigation be carried out on each request”. He specifies, however, “that this text is broader than article 8 of the laws of October 3, 1940 and June 2, 1941” and the interpretation of article 5 means that “exceptional services will therefore not be required”.

December 6, 1941 – The Governor General of Algeria specifies to the Prefect of Oran “that it is necessary to take into account, in the opinion issued on the requests for maintenance in political status, of all the services rendered by those concerned, both military and civilian, but that the services rendered by the close relatives of those concerned do not have to be taken into consideration”. Copy is made to the Prefects of Algiers and Constantine.

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