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Ordinance of 9 August 1944 | |
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Provisional Government | |
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Territorial extent | Continental France |
Enacted by | Provisional Government |
Enacted | 9 August 1944 |
Repeals | |
French Constitutional Law of 1940 | |
Summary | |
All constitutional laws of the Vichy regime declared void ab initio. | |
Status: In force |
The Ordinance of 9 August 1944 was a constitutional law enacted by the Provisional Government of the French Republic (GPRF) during the Liberation of France which re-established republican rule of law in mainland France [1] [2] [3] after four years of occupation by Nazi Germany and control by the collaborationist Vichy regime.
The refusal to consider the Vichy regime as a legally constituted authority was a constant in the Free France founded by Charles de Gaulle. [4] Already in his Brazzaville Manifesto of 27 October 1940, the general had proclaimed that there was no longer a French government, and that "the Vichy-based organization that claims to bear this name is unconstitutional and submits to the invader", [4] [lower-alpha 1] even as he published on the same day the first Ordinance of Free France establishing the Empire Defense Council, [2] which organized "the legal authority in all parts of the [colonial] Empire liberated from control of the enemy ... based on French legislation prior to 23 June 1940." [5] [4] [lower-alpha 2]
Promulgated in Algiers by the GPRF led by General de Gaulle, [6] the ordinance expunged all trappings of legality from the Vichy regime, declaring all constitutional regulatory texts enacted by the regime of Pétain and Laval to be void ab initio, [lower-alpha 3] beginning with the Constitutional Law of 10 July 1940. As a consequence, the GPRF did not have to explicitly proclaim the return of the Republic [ fr ], as the latter had never legally been dissolved. [7] More generally, this ordinance organized the conditions for the transition from the norms in force under Vichy, to republican norms, in the historical context of the Liberation. [7]
Through the text of this ordinance Free France, embodied by the GPRF and led by General de Gaulle, retroactively constituted itself as the continuous and uninterrupted extension of the French Republic. It proclaimed the Vichy regime stripped of all right to present itself as the legal successor of the Third Republic. [7]
This ordinance thus ratified the definitive victory of the government in exile established by de Gaulle as early as 1940 with the Empire Defense Council, which disputed Vichy's claim to legitimate authority, with both parties then claiming sole right to represent France during the war.
Additionally, by explicitly linking France's mode of government to the Republic, the ordinance endorsed a republican vision of France that precluded any legitimacy for a modification of this form of government.
Although the ordinance declared that all Vichy laws were null and void, as reversing all Vichy decisions during the previous four years was impractical, it also stated that only those explicitly listed were invalid. [8]
Free France was a political entity that claimed to be the legitimate government of France following the dissolution of the Third Republic. Led by General Charles de Gaulle, Free France was established as a government-in-exile in London in June 1940 after the Fall of France during World War II and fought the Axis as an Allied nation with its Free French Forces. Free France also supported the resistance in Nazi-occupied France, known as the French Forces of the Interior, as well as gained strategic footholds in several French colonies in Africa.
The Gayssot Act or Gayssot Law, enacted on 13 July 1990, makes it an offence in France to question the existence or size of the category of crimes against humanity as defined in the London Charter of 1945, on the basis of which Nazi leaders were convicted by the International Military Tribunal at Nuremberg in 1945–1946.
The Provisional Government of the French Republic was the provisional government of Free France between 3 June 1944 and 27 October 1946, following the liberation of continental France after Operations Overlord and Dragoon, and lasting until the establishment of the French Fourth Republic. Its establishment marked the official restoration and re-establishment of a provisional French Republic, assuring continuity with the defunct French Third Republic.
The épuration légale was the wave of official trials that followed the Liberation of France and the fall of the Vichy regime. The trials were largely conducted from 1944 to 1949, with subsequent legal action continuing for decades afterward.
Tripartisme was the mode of government in France from 1944 to 1947, when the country was ruled by a three-party alliance of communists, socialists and Christian democrats, represented by the French Communist Party (PCF), the French Section of the Workers' International (SFIO) and the Popular Republican Movement (MRP), respectively. The official charter of tripartisme was signed on 23 January 1946, following the resignation of Charles de Gaulle, who opposed the draft of the constitution. The draft envisioned a parliamentary system, whereas de Gaulle favored a presidential system.
Events from the year 1944 in France.
Anti-Jewish laws were enacted by the Vichy France government in 1940 and 1941 affecting metropolitan France and its overseas territories during World War II. These laws were, in fact, decrees of head of state Marshal Philippe Pétain, since Parliament was no longer in office as of 11 July 1940. The motivation for the legislation was spontaneous and was not mandated by Germany. These laws were declared null and void on 9 August 1944 after liberation and on the restoration of republican legality.
François Mitterrand and the far right has been the theme of a number of books, films and television programmes since 1990, generating many column inches and much debate, not to mention rumours and gossip. Pierre Péan's book published in 1994 discusses in depth François Mitterrand's formative years in the 1930s and 1940s. Other authors discuss 1980s rise in the Front national, and debate the possibility of Mitterrand deliberately dividing the right for political gain.
Vichy France, officially the French State, was the French rump state headed by Marshal Philippe Pétain during World War II. It was named after its seat of government, the city of Vichy. Officially independent, but with half of its territory occupied under the harsh terms of the 1940 armistice with Nazi Germany, it adopted a policy of collaboration. Though Paris was nominally its capital, the government established itself in the resort town of Vichy in the unoccupied "free zone", where it remained responsible for the civil administration of France as well as its colonies. The occupation of France by Nazi Germany at first affected only the northern and western portions of the country, but in November 1942 the Germans and Italians occupied the remainder of Metropolitan France, ending any pretence of independence by the Vichy government.
"Résistancialisme" is a neologism coined by historian Henry Rousso to describe exaggerated historical memory of the French Resistance during World War II. In particular, résistancialisme refers to exaggerated beliefs about the size and importance of the resistance and anti-German sentiment in German-occupied France in post-war French thinking.
The French Constitutional Law of 1940 is a set of bills that were voted into law on 10 July 1940 by the National Assembly, which comprised both the Senate and the Chamber of Deputies during the French Third Republic. The law established the regime of Vichy France. It passed with 569 votes to 80, with 20 abstentions. The group of 80 parliamentarians who voted against it are known as the Vichy 80. The law gave all the government powers to Philippe Pétain, and further authorized him to take all necessary measures to write a new constitution. Pétain interpreted this as de facto suspending the French Constitutional Laws of 1875 which established the Third Republic, even though the law did not explicitly suspend it, but only granted him the power to write a new constitution. The next day, by Act No 2, Pétain defined his powers and abrogated all the laws of the Third Republic that were incompatible with them.
The Government of Vichy France was the collaborationist ruling regime or government in Nazi-occupied France during the Second World War. Of contested legitimacy, it was headquartered in the town of Vichy in occupied France, but it initially took shape in Paris under Marshal Philippe Pétain as the successor to the French Third Republic in June 1940. The government remained in Vichy for four years, and fled into exile to Germany in September 1944 after the Allied invasion of France. It operated as a government-in-exile until April 1945, when the Sigmaringen enclave was taken by Free French forces. Pétain was brought back to France, by then under control of the Provisional French Republic, and put on trial for treason.
The Empire Defense Council was a deliberative body established within Free France in 1940. It was subsequently superseded by the French National Committee.
The liberation of France in the Second World War was accomplished through diplomacy, politics and the combined military efforts of the Allied Powers, Free French forces in London and Africa, as well as the French Resistance.
The Provisional Consultative Assembly was a governmental organ of Free France that operated under the aegis of the French Committee of National Liberation (CFLN) and that represented the resistance movements, political parties, and territories that were engaged against Germany in the Second World War alongside the Allies.
The Constitution of the French Republic of 27 October 1946 was the constitution of the French Fourth Republic.
The Law of 4 October 1940 regarding foreign nationals of the Jewish race was a law enacted by the Vichy regime, which authorized and organized the internment of foreign Jews and marked the beginning of the policy of collaboration of the Vichy regime with Nazi Germany's plans for the extermination of the Jews of Europe. This law was published in the Journal officiel de la République française on 18 October 1940.
The French constitutional Law of 2 November 1945 was an interim, transitional constitutional law that set a legal basis for government in France under the Provisional Government of the French Republic (GPRF) for one year until a new constitution was approved.
The Tréveneuc Law was a law passed in the early days of the French Third Republic which established a legal framework by which the country could invoke a state of emergency in order to oppose a power grab by a rogue chief executive who illegitimately dissolved the National Assembly.
Vichy syndrome is a term used to describe the guilt, denial and shame of French people regarding the actions of Vichy France. It was coined by historian Henry Rousso in his book The Vichy Syndrome (1987), wherein Vichy and the state collaboration of France remains a "past that doesn't pass away". Historiographical debates are still passionate and oppose different views on the nature and legitimacy of Vichy's collaborationism with Germany in the implementation of the Holocaust.
Article 1: The form of the government of France is and remains the Republic. By law, it has not ceased to exist.
Article 2: The following are therefore null and void: all legislative or regulatory acts as well as all actions of any description whatsoever taken to execute them, promulgated in Metropolitan France after 16 June 1940 and until the restoration of the Provisional Government of the French Republic. This nullification is hereby expressly declared and must be noted.
Article 3. The following acts are hereby expressly nullified and held invalid: The so-called "Constitutional Law of 10 July 1940; as well as any laws called 'Constitutional Law';...