Key Benefits:
The Prime Minister,
On the report of the Minister of Employment, Labour and Social Cohesion and the Minister of Justice, Minister of Justice,
Given the Civil Code, including his book Ier bis as amended by Act No. 2003-1119 of 26 November 2003 and book IV;
In light of Decree No. 93-1362 of 30 December 1993 on declarations of nationality, decisions on naturalization, reinstatement, loss, revocation and Withdrawal of French nationality, as amended by Decree No. 98-720 of 20 August 1998;
Conseil d' Etat (section de l' intérieur) heard,
Décrète:
Section 10 is amended as follows:
I.-The second paragraph is replaced by the following:
" Outside Canada, the declaration is received by the designated French consular authorities Depending on the person's residence by order of the Minister for Foreign Affairs. "
II. -Added a last paragraph as follows:
" The list of documents necessary for proof of the admissibility of the declaration shall be forwarded to the declarant by the authority responsible for receiving the declaration. "
The last paragraph of Article 11 is replaced by the following:
" All documents written in the foreign language must be accompanied by a translation by a certified translator, produced in Original. "
In Article 13, a second paragraph is added as follows:
" Under the same conditions, if applicable, the joint declaration of choice of name provided for in Articles 311-21 and 311-22 of the Code Civilian. "
Article 14 is modified as follows:
I.-At 1 ° the words: " And, where appropriate, that of children born before or after the marriage with the French spouse and establishing filiation in respect of the Two spouses " Are deleted.
II. -At 3 ° after the words: " Community of life " Are added the words: " Both emotional and material " And after the words: " Corroborating this statement " Are added the words: " , including the complete copy of the child's birth certificate Born before or after marriage and establishing filiation with respect to both spouses ".
III. -6 ° and 7 ° become respectively 7 ° and 8 °.
IV. -The 6 ° is thus written:
" 6 ° Where applicable, any document justifying its uninterrupted residence in France for at least one year from the date of marriage. "
Section 15 is amended as follows:
I.-In the first paragraph, after the words: " Community of life " Are added the words: " Both emotional and material " ; after the words: " The spouses " Are added The words: " , to assess, according to its condition, the degree of knowledge of the French language of the declarant, in an individual interview giving rise to a record " ; after the words: " Lack of assimilation " Are added the words: " Other than Language. "
II. -The following sentence is added to the first paragraph:
" An order of the Minister responsible for naturalisations shall define the procedures for the conduct of the maintenance, the conditions for the establishment of the record to which it gives rise and the criteria Conclusions based on reasoned conclusions. "
III. -The third paragraph shall be replaced by the following:
" Within six months of receipt of the request for an investigation, the investigating authority directly transmits the result, together with the reasoned opinion, to the Minister Loaded with naturalisations. The latter may make any further inquiries which he considers useful in relation to the situation of the declarant in the light of the grounds for opposing the granting of French nationality. "
Article 16 is modified as follows:
I.-At 4 °, to the words: " And a certificate attesting that the child was collected in France and raised by that person " Are substituted for words: " And Any document justifying the child's collection in France and raised by that person for at least five years ".
II. -At the end of 5 °, after the words: " Entrusted to this service " Are added the words: " For at least three years. ".
Section 32 is amended as follows:
I.-In the first paragraph, after the words: " Lack of assimilation " Are added the words: " Other than language ".
II. -The second paragraph shall be replaced by the following:
" The notification shall be made by registered letter with a request for notification of receipt. It may also be in the administrative form by the authority that received the declaration. "
In the last paragraph of Article 36 is added the following sentence:
" It can be supplemented by consultation with consular and social agencies. "
Section 37 is amended as follows:
I.-After the eighth paragraph, add a paragraph to read as follows:
" All documents in the foreign language must be accompanied by their Translation by a certified translator, produced in original form. "
II. -The last paragraph is replaced by the following:
" The applicant must notify the requesting authority of any change in residence and any changes in the applicant's family circumstances. "
In Article 43, the second paragraph is replaced by the following:
" After an individual interview, this officer establishes a record of the degree of assimilation of the applicant to the community And, according to its condition, its level of knowledge of the rights and duties conferred by French nationality and, subject to the provisions of Article 21-24-1 of the Civil Code, its knowledge of the French language. An order of the Minister responsible for naturalisations shall define the procedures for the conduct of the interview, the conditions for the establishment of the record to which it gives rise, and the criteria for assessment based on reasoned conclusions. "
Section 51 is completed by the following paragraph:
" From the publication provided for in the first subparagraph, an extract of those decisions and a copy of the acts of the civil status to which they have given rise shall be addressed to Their beneficiary or, for the minor child, to their legal representative, by the prefect of the département where they have established their residence, or, in Paris, by the prefect of police, or, if the residence is abroad, by the consular authority. "
The second paragraph of Article 53 reads as follows:
" Abroad, it shall be deposited with the competent consular authority pursuant to the order of the Minister for Foreign Affairs mentioned in the second Paragraph of Article 10 of this Decree. "
Article 70 of the abovementioned Decree of 30 December 1993 is amended as follows:
I.-The first paragraph reads as follows: For the purposes of this Order in the Communities As well as in New Caledonia, the words: "judge d' instance are replaced by:" President of the court of first instance or judge responsible for the section seconded. " ;
II. -In the second paragraph, after the words: Wallis and Futuna " Are added the words: " And in the French Southern and Antarctic Lands ".
Done at Paris, January 14, 2005.
Jean-Pierre Raffarin
By the Prime Minister:
The Seal Guard, Minister of Justice,
Dominique Perben
The Minister of the Interior,
of Internal Security
and Local Freedoms,
Dominique de Villepin
The Minister of Employment,
and Cohesion Social,
Jean-Louis Borloo
The Minister of Foreign Affairs,
Michel Barnier
The Minister for Overseas Affairs,
Brigitte Girardin
Associate Minister for Integration,
and the fight against exclusion,
Nelly Olin
