A legacy of history: why are there unique laws in Alsace and Lorraine?

Legal and cultural exceptions stem from historical ties with the German Empire, including differences in secularism, healthcare and holidays

A map showing Alasce-Lorraine, bottom left, as part of the German empire from 1871-1918
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French people from the regions of Alsace, Lorraine and Moselle do not follow the same set of rules as other French people elsewhere. 

This is because these three regions were included as part of the German Empire in 1871, as agreed in the Treaty of Frankfurt signed in 1871 that ended the Franco-Prussian war. When France claimed back these regions at the end of World War I, some laws implemented under the German regime, as well as some customs, were kept.

The Connexion lists four of these rules still in use today, plus one which was only removed less than 10 years ago.

Firstly, laicité (secularism) does not apply.

It means that religion is not separated from the civic affairs of the state. All regions are ruled by the Concordat, a convention declaring an agreement between the Church and the State, signed by Napoleon and Pope Pius VII in 1801.

Catholics, Protestants and Judaism are the three religions recognised, with nearly 1,400 religious officials paid by the Ministry of Interior’s budget.

“If France deeply cares about laïcité, this particularity makes it a scandalous exception. It is not up to the State to meddle in religious affairs,” said Benoit Vallot, a historian who specialises in Alsace, to online newspaper Rue89Strasbourg.The Concordat also means that associations abide by the Napoleonic Code (code civil) and not the ‘Association loi de 1901’ law.

Some 52% of people living in Alsace-Moselle favoured the cancellation of the Concordat, a study carried out by Ifop in 2021 revealed.

Secondly, locals benefit from better healthcare coverage. Where French people are reimbursed between 65 and 75%, people in Alsace, Lorraine and Moselle get 90%. Hospitalisation costs are reimbursed at 100%.

There are two more bank holidays than the usual 11 in France, on December 26 and Good Friday, the Friday preceding Easter.

These were declared bank holidays by a decree signed on August 16, 1892.

The beautiful medieval town of Colmar in Alsace

The decision was an effort from the German Empire to integrate populations to customs and traditions of the country, Mr Vallot said.

Thirdly, France is also bound to financially support people in need as young as 16, part of what is called the aide sociale communale. It is understood as the equivalent of the RSA-income support which is accessible to French people above 25.

Other laws are related to finances or affect business owners opening a business.

Finally, blasphemy was considered a crime until January 27, 2017 when it was finally abolished. No one had been sentenced for such a crime since 1918. However, Charlie Hebdo was taken to court in 2014 by the Ligue de défense judiciaire des Musulmans.