France - May 2025

On 7 May, the Constitutional Council upheld legislation tightening access to French nationality in Mayotte for children born to foreign parents. A 2018 immigration law had already established stricter rules in Mayotte compared to mainland France, requiring one parent to have regularly resided on French territory for three months at the child’s birth. The new law, passed on 9 April 2025, extends the requirement to one year and to both parents (unless only one parent is listed on the birth certificate). The law was referred to the court by MPs, arguing it introduces differentiated access to nationality based on birthplace and disregards the principle of equality before the law. The Council ruled it constitutional under Article 73, which allows legal adaptations for overseas territories, citing Mayotte’s specific ’characteristics and constraints’ including high migration levels and a large share of foreign nationals.

Sources: Verfassungsblog, Constitutional Council (1), Constitutional Council (2), Legifrance, Le Monde