Codifier la nationalité algérienne à l’indépendance. Soubassement sociohistorique et formalisation juridique
The independence of Algeria raised the question of the nationality of its inhabitants: what nationality for the French Muslims of Algeria, the Pieds-noirs, the Jews of Algeria? The nationality code of 1963 distinguished between nationality of origin and nationality of acquisition. The original Alger...
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| Format: | Article ou chapitre numérique |
| Langue: | Français |
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2025
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| Accès en ligne: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Résumé: | The independence of Algeria raised the question of the nationality of its inhabitants: what nationality for the French Muslims of Algeria, the Pieds-noirs, the Jews of Algeria? The nationality code of 1963 distinguished between nationality of origin and nationality of acquisition. The original Algerian nationality was automatically attributed only to French Muslims on the basis of the enjoyment of “Muslim status” through double paternal lineage born in Algeria. This criterion had the other consequence of introducing an ambiguity with structuring effects: while the “Muslim status” of the colonial period was not of a confessional order, it took on the appearance of it in the nationality code, thus making it fluid and “natural” the link between nationality, identity, Islam and Arabness, these last two elements being also given as characteristics of the Algerian nation. The late inclusion of Amazighness among its characteristics does not fundamentally transform its nature which, from ethno-religious, becomes at best ethnocultural. On the other hand, the consecration in 2005 of bi-nationality, which implies indifference to etnic, religious or cultral affiliations affects such a conception of the nation. |
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