Alsace-Moselle
Encyclopedia
The territory of the former Alsace-Lorraine
, commonly known as Alsace-Moselle, is a region in the eastern part of France
, bordering with Germany. Its principal cities are Metz
and Strassburg. Alsace-Moselle was part of the German Empire
from 1871 to 1918, and again from 1940 until its liberation by the Allies
at the end of World War II
. Consisting of the two départements that make up the region of Alsace
, which are Haut-Rhin
and Bas-Rhin
, and the département of Moselle
, which is the northeastern part of Lorraine
, there are historical reasons for the continuance of local law in Alsace-Moselle. Alsace-Moselle maintains its own local legislation, applying specific customs
and law
s on certain issues in spite of its being an integral part of France. These laws are principally in areas that France addressed by changing its own law in the period 1871–1919, when Alsace-Moselle was a part of Germany.
Alsace-Moselle has a large number of people who speak a form of High German
known as Alsatian
, a dialect of Upper German
. These native speakers are mostly in Alsace
. There are also several Frankish dialects of West Middle German in the district of Moselle
, although the number of native speakers has dwindled significantly since the Second World War and the French language
is now overwhelmingly heard in these districts. The region's German-language past is now, at the beginning of the 21st century, mostly evident in the names of towns, streets, villages and rivers. Protestantism
is widespread in Alsace, while there are comparatively few Protestants in most other parts of France.
between 1871 and 1918, specific provisions adopted by the local authorities and French laws that have been enacted after 1919 to be applicable only in the three concerned départements.
In 1919, a Commissaire de la République, whose duty was to restart the French administration in Alsace-Moselle following German defeat in World War I
, had to choose between local law and general law. These provisions were supposed to be temporary. However, two further enactments of June 1, 1924 made them permanent. These laws were extended six times between 1934 and 1951 and in 1951, the legislator avoided mentioning a time limit. Even at the beginning of the 21st century, for some laws in force in Alsace-Moselle, the German language text is considered the binding one, the translated French text serving only as a non-binding commentary.
, even though a constitutional right of freedom of religion
is guaranteed by the French government. Alsace-Moselle is still governed by a pre-1905 law established by the Concordat of 1801
which provides for the public subsidy of the Roman Catholic Church
, the Lutheran Church, the Calvinist Church and the Jewish
religion, as well as providing for public education in these faiths; although parents are allowed to refuse religious education for their children. The clergy for these religions are paid for by the state. Catholic bishops are named by the President of the French Republic
following proposal by the Pope
. The public University of Strasbourg
has courses in theology
and is famous for its teaching of Protestant theology.
This situation is unusual in a country like France where church and state are more strictly separated than in most other nations. Controversy erupts periodically on the appropriateness of these and other extraordinary legal provisions and those of a certain philosophical persuasion
periodically contend that the public funding of certain religious faiths should stop. Others, however, argue that, in the 21st century, the second largest religion in France
is Islam
and that Islam – in fact all sufficiently numerous religious groups – should enjoy comparable status with the four official religions.
system, including additional, compulsory insurance and regulations governing remuneration during a short sickness absence. There are differences with French law also in the areas of personal bankruptcy
, voluntary association
s and in local work law (fr: Code professionnel local). Working is generally prohibited on Sundays and free days. Alsace-Moselle has two more public holidays (Good Friday and December 26) than the rest of France and there are differences in the status of some crafts and trades, for example, winemakers and brewers.
Communes
have to provide aid to resourceless people and they generally have more power than in the rest of France. They manage hunting rights, which are sold by auction for nine years at a time ; land owners are not the owners of the game
and cannot forbid hunting on their land, although the hunters are responsible for game's damage.
During political elections, most election literature is written bilingually in both French and German. The land book (fr: livre foncier) is not held by the tax directorate but by a court service. Other differences include there being fewer pharmacies in Alsace-Moselle than in other régions: 1 for every 3,500 people compared to 1 for every 2,500–3,000 elsewhere. Train
s run on the right of the double tracks, as in Germany
, whereas in the rest of France
they normally run on the left.
Since the end of the 20th century, some of the local laws have been incorporated into general law, especially in the areas of social security, personal bankruptcy and social aid.
Some others have been repealed, like the work law and the election literature, which meet now the French general law. However, working on Sundays remains restricted .
Alsace-Lorraine
The Imperial Territory of Alsace-Lorraine was a territory created by the German Empire in 1871 after it annexed most of Alsace and the Moselle region of Lorraine following its victory in the Franco-Prussian War. The Alsatian part lay in the Rhine Valley on the west bank of the Rhine River and east...
, commonly known as Alsace-Moselle, is a region in the eastern part of France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, bordering with Germany. Its principal cities are Metz
Metz
Metz is a city in the northeast of France located at the confluence of the Moselle and the Seille rivers.Metz is the capital of the Lorraine region and prefecture of the Moselle department. Located near the tripoint along the junction of France, Germany, and Luxembourg, Metz forms a central place...
and Strassburg. Alsace-Moselle was part of the German Empire
German Empire
The German Empire refers to Germany during the "Second Reich" period from the unification of Germany and proclamation of Wilhelm I as German Emperor on 18 January 1871, to 1918, when it became a federal republic after defeat in World War I and the abdication of the Emperor, Wilhelm II.The German...
from 1871 to 1918, and again from 1940 until its liberation by the Allies
Allies
In everyday English usage, allies are people, groups, or nations that have joined together in an association for mutual benefit or to achieve some common purpose, whether or not explicit agreement has been worked out between them...
at the end of World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. Consisting of the two départements that make up the region of Alsace
Alsace
Alsace is the fifth-smallest of the 27 regions of France in land area , and the smallest in metropolitan France. It is also the seventh-most densely populated region in France and third most densely populated region in metropolitan France, with ca. 220 inhabitants per km²...
, which are Haut-Rhin
Haut-Rhin
Haut-Rhin is a département of the Alsace region of France, named after the Rhine river. Its name means Upper Rhine. Haut-Rhin is the smaller and less populated of the two departements of Alsace, although is still densely populated compared to the rest of France.-Subdivisions:The department...
and Bas-Rhin
Bas-Rhin
Bas-Rhin is a department of France. The name means "Lower Rhine". It is the more populous and densely populated of the two departments of the Alsace region, with 1,079,013 inhabitants in 2006.- History :...
, and the département of Moselle
Moselle
Moselle is a department in the east of France named after the river Moselle.- History :Moselle is one of the original 83 departments created during the French Revolution on March 4, 1790...
, which is the northeastern part of Lorraine
Lorraine (région)
Lorraine is one of the 27 régions of France. The administrative region has two cities of equal importance, Metz and Nancy. Metz is considered to be the official capital since that is where the regional parliament is situated...
, there are historical reasons for the continuance of local law in Alsace-Moselle. Alsace-Moselle maintains its own local legislation, applying specific customs
Convention (norm)
A convention is a set of agreed, stipulated or generally accepted standards, norms, social norms or criteria, often taking the form of a custom....
and law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
s on certain issues in spite of its being an integral part of France. These laws are principally in areas that France addressed by changing its own law in the period 1871–1919, when Alsace-Moselle was a part of Germany.
Alsace-Moselle has a large number of people who speak a form of High German
High German languages
The High German languages or the High German dialects are any of the varieties of standard German, Luxembourgish and Yiddish, as well as the local German dialects spoken in central and southern Germany, Austria, Liechtenstein, Switzerland, Luxembourg and in neighboring portions of Belgium and the...
known as Alsatian
Alsatian language
Alsatian is a Low Alemannic German dialect spoken in most of Alsace, a region in eastern France which has passed between French and German control many times.-Language family:...
, a dialect of Upper German
Upper German
Upper German is a family of High German dialects spoken primarily in southern Germany, Austria, Switzerland and Northern Italy.-Family tree:Upper German can be generally classified as Alemannic or Austro-Bavarian...
. These native speakers are mostly in Alsace
Alsace
Alsace is the fifth-smallest of the 27 regions of France in land area , and the smallest in metropolitan France. It is also the seventh-most densely populated region in France and third most densely populated region in metropolitan France, with ca. 220 inhabitants per km²...
. There are also several Frankish dialects of West Middle German in the district of Moselle
Moselle
Moselle is a department in the east of France named after the river Moselle.- History :Moselle is one of the original 83 departments created during the French Revolution on March 4, 1790...
, although the number of native speakers has dwindled significantly since the Second World War and the French language
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
is now overwhelmingly heard in these districts. The region's German-language past is now, at the beginning of the 21st century, mostly evident in the names of towns, streets, villages and rivers. Protestantism
Protestantism
Protestantism is one of the three major groupings within Christianity. It is a movement that began in Germany in the early 16th century as a reaction against medieval Roman Catholic doctrines and practices, especially in regards to salvation, justification, and ecclesiology.The doctrines of the...
is widespread in Alsace, while there are comparatively few Protestants in most other parts of France.
Principles
The local law (fr: droit local) in Alsace-Moselle is a legal system which operates in parallel with French law and preserves those statutes made by the German authorities, in these formerly annexed and reverted territories, which are considered still to be of benefit. Created in 1919, it preserves those French laws that were in force before 1870 and were maintained by the German government but were repealed after 1871 in France. It also maintains German laws enacted by the German EmpireGerman Empire
The German Empire refers to Germany during the "Second Reich" period from the unification of Germany and proclamation of Wilhelm I as German Emperor on 18 January 1871, to 1918, when it became a federal republic after defeat in World War I and the abdication of the Emperor, Wilhelm II.The German...
between 1871 and 1918, specific provisions adopted by the local authorities and French laws that have been enacted after 1919 to be applicable only in the three concerned départements.
In 1919, a Commissaire de la République, whose duty was to restart the French administration in Alsace-Moselle following German defeat in World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
, had to choose between local law and general law. These provisions were supposed to be temporary. However, two further enactments of June 1, 1924 made them permanent. These laws were extended six times between 1934 and 1951 and in 1951, the legislator avoided mentioning a time limit. Even at the beginning of the 21st century, for some laws in force in Alsace-Moselle, the German language text is considered the binding one, the translated French text serving only as a non-binding commentary.
Religion
Perhaps the most striking of the legal differences between France and Alsace-Moselle is the absence in Alsace-Moselle of a separation of church and stateSeparation of church and state
The concept of the separation of church and state refers to the distance in the relationship between organized religion and the nation state....
, even though a constitutional right of freedom of religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
is guaranteed by the French government. Alsace-Moselle is still governed by a pre-1905 law established by the Concordat of 1801
Concordat of 1801
The Concordat of 1801 was an agreement between Napoleon and Pope Pius VII, signed on 15 July 1801. It solidified the Roman Catholic Church as the majority church of France and brought back most of its civil status....
which provides for the public subsidy of the Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
, the Lutheran Church, the Calvinist Church and the Jewish
Judaism
Judaism ) is the "religion, philosophy, and way of life" of the Jewish people...
religion, as well as providing for public education in these faiths; although parents are allowed to refuse religious education for their children. The clergy for these religions are paid for by the state. Catholic bishops are named by the President of the French Republic
President of the French Republic
The President of the French Republic colloquially referred to in English as the President of France, is France's elected Head of State....
following proposal by the Pope
Pope
The Pope is the Bishop of Rome, a position that makes him the leader of the worldwide Catholic Church . In the Catholic Church, the Pope is regarded as the successor of Saint Peter, the Apostle...
. The public University of Strasbourg
University of Strasbourg
The University of Strasbourg in Strasbourg, Alsace, France, is the largest university in France, with about 43,000 students and over 4,000 researchers....
has courses in theology
Theology
Theology is the systematic and rational study of religion and its influences and of the nature of religious truths, or the learned profession acquired by completing specialized training in religious studies, usually at a university or school of divinity or seminary.-Definition:Augustine of Hippo...
and is famous for its teaching of Protestant theology.
This situation is unusual in a country like France where church and state are more strictly separated than in most other nations. Controversy erupts periodically on the appropriateness of these and other extraordinary legal provisions and those of a certain philosophical persuasion
Freethought
Freethought is a philosophical viewpoint that holds that opinions should be formed on the basis of science, logic, and reason, and should not be influenced by authority, tradition, or other dogmas...
periodically contend that the public funding of certain religious faiths should stop. Others, however, argue that, in the 21st century, the second largest religion in France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
is Islam
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
and that Islam – in fact all sufficiently numerous religious groups – should enjoy comparable status with the four official religions.
Some specific provisions
In the area of work and finance, specific provisions have been made in local law for a local social securitySocial security
Social security is primarily a social insurance program providing social protection or protection against socially recognized conditions, including poverty, old age, disability, unemployment and others. Social security may refer to:...
system, including additional, compulsory insurance and regulations governing remuneration during a short sickness absence. There are differences with French law also in the areas of personal bankruptcy
Personal bankruptcy
Personal bankruptcy is a procedure which, in certain jurisdictions, allows an individual to declare bankruptcy. In other jurisdictions, bankruptcies are reserved for corporations.-Canada:...
, voluntary association
Voluntary association
A voluntary association or union is a group of individuals who enter into an agreement as volunteers to form a body to accomplish a purpose.Strictly speaking, in many jurisdictions no formalities are necessary to start an association...
s and in local work law (fr: Code professionnel local). Working is generally prohibited on Sundays and free days. Alsace-Moselle has two more public holidays (Good Friday and December 26) than the rest of France and there are differences in the status of some crafts and trades, for example, winemakers and brewers.
Communes
Communes of France
The commune is the lowest level of administrative division in the French Republic. French communes are roughly equivalent to incorporated municipalities or villages in the United States or Gemeinden in Germany...
have to provide aid to resourceless people and they generally have more power than in the rest of France. They manage hunting rights, which are sold by auction for nine years at a time ; land owners are not the owners of the game
Game (food)
Game is any animal hunted for food or not normally domesticated. Game animals are also hunted for sport.The type and range of animals hunted for food varies in different parts of the world. This will be influenced by climate, animal diversity, local taste and locally accepted view about what can or...
and cannot forbid hunting on their land, although the hunters are responsible for game's damage.
During political elections, most election literature is written bilingually in both French and German. The land book (fr: livre foncier) is not held by the tax directorate but by a court service. Other differences include there being fewer pharmacies in Alsace-Moselle than in other régions: 1 for every 3,500 people compared to 1 for every 2,500–3,000 elsewhere. Train
Train
A train is a connected series of vehicles for rail transport that move along a track to transport cargo or passengers from one place to another place. The track usually consists of two rails, but might also be a monorail or maglev guideway.Propulsion for the train is provided by a separate...
s run on the right of the double tracks, as in Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, whereas in the rest of France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
they normally run on the left.
Since the end of the 20th century, some of the local laws have been incorporated into general law, especially in the areas of social security, personal bankruptcy and social aid.
Some others have been repealed, like the work law and the election literature, which meet now the French general law. However, working on Sundays remains restricted .