Legislative 2024: could the RN really prohibit access to certain “strategic” jobs for dual nationals ?

The RN wants to prohibit dual national French people from accessing certain “strategic” positions in the defense or security sectors. ILLUSTRATION MAXPPP – Richard Villalon

Among the measures of the RN program presented by Jordan Bardella this Monday, June 24, with a view to the legislative elections, the party leader mentioned the desire to reserve certain jobs for French people who have no other nationality . If this measure is widely criticized, particularly on the left, could it really be introduced??

While presenting the main axes of the National Rally program during a press conference this Monday 24, the president of the party, Jordan Bardella, confirmed his desire to exclude binational French people from "strategic" of the State, particularly in the Defense sector.

"There are strategic positions linked to the security or defense sectors which are by definition strategic sectors. Reserving them for French citizens is also one way among others to protect against attempts at interference that could be orchestrated by foreign states", detailed Jordan Bardella.

Which positions would be affected ?

Faced with the strong reactions that the announcement of this measure provoked, Marine Le Pen clarified on X that the restriction would only concern "only a few dozen very sensitive jobs in strategic positions in defense, nuclear or intelligence matters for example".

Et maintenant la fake news sur les emplois interdits aux double-nationaux !
Stop !

Les double-nationaux peuvent occuper TOUS les emplois dans la fonction publique, bien sûr. La restriction ne concernerait que quelques dizaines d’emplois très sensibles dans des postes…

— Marine Le Pen (@MLP_officiel) June 24, 2024

"This short list would be reviewed very regularly depending on geopolitical news and its consequences for our country", specifies the one who was at the origin of the proposal in 2022, before finally abandoning it.

A measure which would require a revision of the constitution

In the current state of the legislation, no ban on access to employment is set for French people holding a second nationality. A binational French person can today access all positions, including those qualified as "sovereignty", that is- i.e. professions linked to the sovereign missions of the State (defense, budget, security, diplomacy).

The Labor Code also provides that'"no person may be excluded from a recruitment or appointment procedure [& hellip;] or be the subject of a discriminatory measure, direct or indirect […] because of […] their membership or non-membership, true or supposed, to […] a nation".

As highlighted by France Bleu, the establishment of such a provision would thus require a revision of the Constitution. "Targeting people who hold another nationality is totally unconstitutional", explains Gwenaëlle Calvès, professor of public law at Cergy-Pontoise, in the columns of our colleagues.