Source:
Official Journal, June 14, 1941, p. 2475.
Us, Marshal of France, head of the French State, the heard Council
of Ministers,
Let us issue:
Article 1. - is looked like Jew:
1º That or that, belonging or not to an unspecified confession,
which results from at least three grandparents of Jewish race, or
of two only if its spouse is itself resulting from two grandparents
of Jewish race.
Is looked as being of Jewish race the grandparent having belonged
to the Jewish religion;
2º That or that which belongs to the Jewish religion, or belonged
to it on June 25, 1940, and which results from two grandparents of
Jewish race. The not-membership of the Jewish religion is established
by the proof of adhesion to the one of the other confessions recognized
by the State before the law of December 9, 1905. The disavowal or
the cancellation of the recognition of a child considered as Juif
is without effect with the glance of the provisions which precede.
Art. 2. - The access and the exercise of the public office and mandates
enumerated hereafter are prohibited with the Jews:
1. Head of the State, members of the Government, the Council of State,
the council of the national order of the Legion of honor, the supreme
court of appeal, the Court of Auditors, the body of the mines, the
body of the Highways Departments, the general inspection of finances,
the body of the engineers of aeronautics, the Courts of Appeal, the
courts of first authority, the district courts, the repressive courts
of Algeria, all jurys, all assembled jurisdictions of a professional
nature and all resulting from the election, referees.
2. Ambassadors of France, secretaries-general of the government departments,
general manager, directors of the police headquarters of the ministries,
servants concerned with the department of the Foreign Affairs, prefects,
sub-prefects, secretaries-general of the prefectures, general inspectors
of the administrative services to the ministry for the interior, civils
servant of all ranks attached to all services of police force.
3. General residents, general governors, governors and secretaries-general
of colonies, inspectors of the colonies.
4. Members of the teaching bodies.
5. Officers and warrant officers of the air and sea, Armies, member
of the bodies of control of the war, the marine and the air, members
of the bodies and civil frameworks of the departments of the war,
the marine and the air, created by the laws of August 25, 1940, September
15, 1940, August 28, 1940, September 18, 1940 and August 29, 1940.
6. Administrators, directors, secretaries-general in the profit companies
of concessions or subsidies granted by public bodies, occupants of
post offices to the nomination of the Government in the companies
of general interest.
Art. 3. - The Jews cannot occupy, in the public administrations or
the profit companies of concessions or subsidies granted by public
bodies, functions or employment other than those enumerated in article
2, than if they fill one of the following conditions:
a) To be titular chart of the combatant, instituted by article 101
of the law of December 19, 1926;
b) To have been the object, during the marketing year 1939-1040, of
a quotation giving right to the port of the Military Cross instituted
by the decree of March 28, 1941;
c) to be decorated with the Legion of honor or the medal for acts
of war;
d) To be war orphan or ascending, widowed or orphan of soldier died
for France.
Art. 4. - The Jews cannot exert a liberal profession, a commercial,
industrial or artisanal profession, or a free profession, to be titular
of a load of public or ministerial officer, or to be invested functions
reserved for auxiliaries of justice, that under the limits and the
conditions which will be fixed by decrees in Council of State.
Art. 5. - Are prohibited to the Jews the professions hereafter:
Banker, changer, canvasser;
Intermediary in the purses of values or the produce exchanges;
Publicity agent;
Real estate agent or of loans of capital;
Trader of goodwill, realtor;
Broker, commission agent;
Owner of forests;
Dealer of plays;
Editor, director, manager, administrator, writer, even under local
correspondent, newspapers or periodic writings, except for the publications
of strictly scientific or denominational nature;
Owner, director, administrator, manager of companies having for object
manufacture, impression, distribution or presentation of cinematographic
films, director, director of catches of sights, type-setter of scenarios;
Owner, director, administrator, manager of rooms of theatre or cinematography;Entreprenor
of spectacles;
Owner, director, administrator, manager of all undertaken referring
to broadcasting.
Payments of public administration will fix for each category the conditions
for application of this article.
Art. 6. - To in no case, the Jews cannot belong to the organizations
charged to represent the professions aimed to articles 4 and 5 of
this law or to ensure the discipline of it.
Art. 7. - The Jewish civils servant aimed to articles 2 and 3 are
allowed to take advantage of the rights defined below:
1º the civils servant subjected to the mode of the law of April
14 1924 will receive a retirement pension with immediate pleasure
if they join together the number of years of service required for
the opening of the right to this pension.
If, without meeting this condition, they achieved at least fifteen
years of service effective, they will profit with immediate pleasure
from a pension calculated rightly, either of one thirtieth of the
minimum of the retirement pension for each year of service of category
A, or of one twenty-fifth for each military service or year of service
of the category B. The amount of this pension will not be able to
exceed the minimum of the retirement pension increased, if necessary,
of the remuneration of the allowances for services out of Europe and
of the benefit of countryside;
2º the civils servant subjected to the mode of the national case
of the retirements for old age will obtain, if they count at least
fifteen years of actual services, the immediate pleasure of an annual
allowance equal to the amount of the revenue old age which would be
acquired to them at the time of the suspension of their functions
if their lawful payments had been carried out right from the start
with alienated capital. This allowance will cease being allotted to
them as from the date of entry in pleasure of their revenue on the
national case of the retirements;
3º the civils servant of the departments, communes or publicly-owned
establishments which have a special case of retirements will profit,
with immediate pleasure, of the retirement pension or the pension
proportional fixed by their payment of retirements, if they meet the
conditions of working life required for the opening of the right to
the one of these pensions;
4º the agents subjected to the mode of the law on the Social
Security and counting at least fifteen years of service effective
will receive, of the community or establishment of which they depend,
an annual allowance equal to the fraction of the revenue old age consisted
the payment of the double contribution lasting all the period when
they remained in service. This allowance will cease being allotted
to them as from the date of entry in pleasure of the aforementioned
revenue;
5º the civils servant tributary of the intercolonial case of
retirements or the local cases, and counting at least fifteen years
of service effective, will profit from a pension under the conditions
which will be prescribed by rules of public administration;
6º the civils servant and servants not filling the requirements
to be able to profit from the pensions and allowances above will receive
their treatment for one length of time which will be fixed by a payment
of public administration;
7º the situation of the workmen of the military and industrial
establishments of the State will be regulated by a special law.
The civils servant or Jewish servants aimed by articles 2 and 3 of
the law of October 3 1940 are regarded as having ceased their functions
at the date of December 20, 1940.
The civils servant or servants which are reached by the new prohibitions
enacted by the present law will cease their functions within two month
after the publication of this one.
The application of the provisions of this law at the prisoners of
war is differed until their return from captivity.
The civils servant or Jewish servants aimed to articles 2 and 3 and
currently prisoner of war will cease exerting their functions two
months after their return of captivity.
The provisions of this law will not be applicable to ascending, joint
or descendants of a prisoner of war that within two month after the
release of this prisoner.
With regard to the personnel in service overseas, a decree returned
on the proposal of the interested Secretaries of State will determine
the conditions of the suspension of their functions.
Art. 8. - Can be raised of the prohibitions envisaged by the present
law, the Jews:
1º Which rendered at the French State exceptional services;
2º Whose family is established in France since at least five
generations and rendered at the French State exceptional services.
For the prohibitions envisaged by article 2, the decision is made
by individual decree taken in Council of State on report/ratio of
the general police chief to the questions Jewish and contresigned
by the interested Secretary of State.
For other prohibitions, the decision is made by decree of the general
police chief to the Jewish questions.
The decree or the decree must be duly justified.
The exemptions granted under the terms of the provisions which precede
are only one personal and will not create any right in favour of ascending,
downward, joint and collateral of the recipients.
Art. 9. - Without damage of the right for the prefect to pronounce
the internment in a special camp, even if the interested party is
French, is punished:
1º Of a six months imprisonment to two years and of a fine of
500 F with 10000 F, or one of these two sorrows only, any Jew which
delivered itself or tried to devote itself to an activity which is
prohibited to him by application of articles 4, 5 and 6 of this law:
2º Of a one year imprisonment to five years and of a fine of
1 000 F with 20 000 F, or one of these two sorrows only, any Jew which
will have withdrawn itself or tried to withdraw itself from the prohibitions
enacted by the present law, by means of untrue declarations or fraudulent
schemes.
The court can, moreover, order the closing of the establishment.
Art. 10 - The civils servant having ceased their functions by application
of the law of October 3, 1940 and which can be prevailed of the provisions
of this law, are allowed to request their rehabilitation under conditions
which will be fixed by decree in Council of State.
Art. 11 - The present law is applicable to Algeria, the colonies,
country of protectorate, in Syria and in Lebanon.
Art. 12 - The law of October 3, 1940, modified by the laws of April
3 and April 11, 1941, is repealed; the payments and the decrees taken
for its application are maintained into force until they are modified
if it is necessary by new payments and decrees.
Art. 13 - This decree will be published in the Official Journal and
carried out like law of the State.
Fact in Vichy, June 2, 1941.
PH PETAIN.
By the Marshal of France, head of the French State:
The admiral of the fleet, vice-president of the council, minister
Secretary of State to the Foreign Affairs, inside and with the marine,
Admiral DARLAN.
Minister of Justice, minister Secretary of State to justice, Joseph
BARTHELEMY.
The minister Secretary of State to the national economy and finances,
Yves BOUTHILLIER.
The general, minister Secretary of State to the war, General HUNZIGER.
The minister Secretary of State to agriculture, Pierre CAZIOT