Local law in Alsace–Moselle

The territory of the former Alsace-Lorraine, commonly known as Alsace-Moselle, a part of France that was part of the German Empire from 1871 to 1918 (and then from 1940 to 1944–1945), consisting of the départements of Haut-Rhin and Bas-Rhin (both of which make up Alsace), and the département of Moselle (itself being the north-eastern part of Lorraine), maintains for historical reasons its own local law and applies specific customs and laws on certain issues. This happens in spite of its being an integral part of France, and notably concerns those issues, where France adopted a standard or principle in the period 1871–1919.

The region is also notable for the large number of mother-tongue High German dialect speakers (Alsatian, a dialect of Upper German, in Alsace; and several Frankish dialects of West Middle German in Moselle), although the number of native speakers has dwindled significantly since the Second World War, and French is now paramount in these regions; the German-language past mostly being visible in geographic names, such as those of villages, towns, cities, rivers, brooks, streets, etc. Moreover, Protestantism remains a major part of the religious landscape in Alsace, while there are comparatively few Protestants in most other parts of the country.

Principles

The local law (fr: droit local) in Alsace-Moselle is a legal system which preserves, in the formerly annexed and reverted territories, the provisions made by the German authorities when they are considered more favourable to the inhabitants.

Created in 1919 after the end of WWI, it includes:

• French laws applied before 1870 maintained by the German government but repealed after 1871 in France;
• German laws enacted by the German Empire between 1871 and 1918;
• specific provisions adopted by the local authorities;
• French laws enacted after 1918 applicable only in the three concerned départements.

A Commissaire de la République, whose duty was to restart the French administration, had to choose between local law and general law. These provisions were supposed to be temporary. Two laws of June 1, 1924 made them permanent. Even today, for some laws in force in Alsace-Moselle, the official text is still in German language.

Religion

The most striking of the legal differences is the absence of separation of church and state — even though the constitutional right of freedom of religion is guaranteed. Alsace-Moselle is still under the pre-1905 regime established by the Concordat, which provides for the public subsidy of the Roman Catholic Church, the Lutheran Church, the Calvinist Church and the Jewish religion as well as public education in those religions (parents may refuse religious education for their children). Clergy for these religions are paid by the state; Catholic bishops are named by the President of the French Republic on the proposal of the Pope. The public University of Strasbourg has courses in theology and is famous for its courses on Protestant theology.

Those dispositions are unusual in a country where Church and State are more strictly separated than in most other countries. Controversy erupts periodically on the appropriateness of these and other extraordinary legal dispositions of Alsace-Moselle. Periodically, freethinker groups contend that this public funding of certain religions should stop. Others argue that, nowadays, the second largest religion in France is Islam and that Islam should thus enjoy comparable status with the four official religions. Despite the controversy, the status quo continues to persist.

Some specific provisions

• political elections : the legal written propaganda may be spread in French (official language) and optionally in German since 1919 (today, most applications are still bilingual);
• the local work law (fr: Code professionnel local) :
  • two more free days (Good Friday and December 26) since 1894;
  • working is generally prohibited on Sundays and free days since 1900;
• a local social security system, including:
  • an additional compulsory insurance;
  • the keeping of the remuneration during a short sickness absence;
• the personal bankruptcy;
• a different law on associations;
• the religion status (see above);
• the crafts status;
• the alcohol makers status;
• the social aid: communes have to provide aid to resourceless people;
• specific hunting rules, including:
  • land owners are not game owners, they cannot forbid hunting on their pieces of land;
  • the communes manage the hunting rights, which are sold by auction for nine years;
  • hunters are responsible for game (and hunting) damage;
• the land book (fr: livre foncier): is not held by tax direction but by a court service;
• the communal law : the communes have more power;
• pharmacies: fewer than in other régions (i.e.: 1 for 3,500 people in Alsace-Moselle, 1 for 2,500-3,000 elsewhere);

Another difference is that in Alsace-Moselle, trains run on the right of the double tracks, as in Germany, whereas the normal rule in France is on the left.

Since the end of the last century, some local provisions of the local law have been incorporated in the general law (e.g.: social security, personal bankruptcy, social aid).