Page:Journal officiel de l’État français, Lois et décrets, 14 juin 1941.djvu/3



We, Marshal of France, Head of the French State,

Having heard the Council of Ministers,

Decree:

Article 1—The following shall be considered Jewish:

1. A person, regardless of current religious affiliation, who is descended from at least three grandparents of the Jewish race, or from just two if his or her spouse descends from two grandparents of the Jewish race.

A grandparent who practiced the Jewish religion is considered to have been of the Jewish race;

2. A person who practices the Jewish religion, or practiced it on 25 June 1940, and who descends from two grandparents of the Jewish race.

Non-affiliation with the Jewish religion shall be established by proof of membership in one of the other denominations recognised by the State prior to the law of 9 December 1905.

Disavowal or withdrawal of an acknowledgement of paternity for a child considered to be Jewish shall have no effect with regard to the above provisions.

Article 2—Access to and exercise of the public functions and authorities listed below are forbidden to Jews:

1. Head of State, members of the Government, the Council of State, the Council of the National Order of the Legion of Honor, the Court of Cassation, the Court of Auditors, the Mining Corps, the Corps of Bridges and Roads, the General Inspectorate of Finance, the Corps of Aeronautical Engineers, the Court of Appeal, the courts of first instance, the justices of the peace, the criminal courts of Algeria, all juries, all professional orders and all elected assemblies, and arbitrators.

2. French ambassadors, secretaries-general of ministerial departments, directors-general, directors of the central administrations of ministries, officials of the Department of Foreign Affairs, prefects, sub-prefects, secretaries-general of prefectures, inspectors-general of administrative services in the Ministry of the Interior, officials of all grades attached to all police services.

3. Residents-general, governors general, governors and secretaries-general of colonies, inspectors of colonies.

4. Members of the teaching profession.

5. Officers and non-commissioned officers of the army, the sea and air forces, officials of the war, navy and air force central command corps, members of the civilian corps and staff of the war, navy and air forces, created by the laws of 25 August 1940, 15 September 1940, 28 August 1940, 18 September 1940 and 29 August 1940.

6. Administrators, directors, general secretaries of companies that benefited from concessions or subsidies granted by a public authority, Government appointees to public-interest companies.

Article 3—Jews shall not occupy, in public administrations or companies benefiting from concessions or subsidies granted by a public authority, functions or positions other than those listed in Article 2, unless they meet one of the following conditions:

a) Holders of the veteran's card instituted by Article 101 of the law of 19 December 1926;

b) Recipients during the 1939-1940 campaign of a citation entitling them to wear the Croix de Guerre as instituted by the decree of 28 March 1941;

c) Members of the Legion of Honour or holders of the Military Medal for acts of war;

d) Wards of the nation or orphans, widows or forebears of those who have died for France.

Article 4—Jews may not exercise a licensed or unlicensed profession, a commercial, industrial or artisanal profession, hold a public or ministerial office, or be invested with functions devolved to auxiliaries of justice, except within the limits and under the conditions fixed by decree of the Council of State.

Article 5—The following professions are forbidden to Jews:

Banker, money-changer, salesman;

Broker in stock exchanges or in commodity exchanges;

Publicity agent;

Real estate or business loan broker;

Business loan broker, real estate trader;

Wholesaler, shipper;

Lumber industry;

Gaming operator;

Publisher, director, manager, administrator, editor, or even local correspondent, of newspapers or periodicals, except for publications of a strictly scientific or religious nature;

Operator, director, administrator, manager of enterprises whose object is the manufacture, printing, distribution, or presentation of cinematographic films, director, director of photography, composer of scripts;

Operator, director, administrator, manager of theatres or cinematographic halls;

Entertainment promoter;

Operator, director, administrator, manager of all enterprises related to broadcasting.

Public administration regulations shall lay down the conditions for the application of this Article for each category.

Article 6—In no case may Jews belong to the bodies responsible for representing or disciplining the professions referred to in Articles 4 and 5 of this Act.

Article 7—The Jewish civil servants referred to in Articles 2 and 3 shall be entitled to the rights defined below:

1. Civil servants subject to the law of 14 April 1924 shall receive a retirement pension with immediate effect if they have completed the number of years of service required to qualify for this pension.

If, without fulfilling this condition, they have completed at least fifteen years' actual service, they shall receive with immediate effect a pension calculated at the rate of one thirtieth of the minimum retirement pension for each year of category A service, or one twenty-fifth for each year of category B service or military service. The amount of this pension shall not exceed the minimum retirement pension plus, where appropriate, remuneration for bonuses for service outside Europe and for campaign benefits;

2. Civil servants subject to the national pension fund scheme for old age shall, if they have completed at least fifteen years' service, be entitled to immediate payment of an annual allowance equal to the amount of the old-age pension which would have been payable to them at the time of leaving the service if their statutory payments had been made from the outset with outside funds. This allowance will cease to be paid as of the date on which their pension from the national pension fund becomes payable;

3. The civil servants of the departments, communes or public establishments which have a special pension fund will benefit, with immediate effect, from the seniority pension or the proportional pension fixed by their pension regulations, if they fulfil the