While France celebrates 120 years since the 1905 law separating Church and State, in Alsace and Moselle priests are still paid by the government, and religious education is taught in schools. These three departments, which belonged to Germany between 1870 and 1918, have retained a special legal status that makes them unique in the French Republic. Some see them as a treasure, others as an anachronism. And in 2026, the debate is more heated than ever.

(Staff: France / History & Politics)

There is a part of France where the laws of the Republic do not fully apply. Three departments – Bas-Rhin, Haut-Rhin and Moselle – operate under a local law that sets them apart from the rest of the country. This specific legal system, inherited from the period when the territory was part of the German Empire (1871-1918), is the result of a decision made in 1919, when France chose to maintain some German laws that were more favourable than French ones, rather than abolish them completely.

What exactly is the local law?

The local law in Alsace-Moselle is a set of laws and regulations that remained in force after the region’s return to France, because they were not replaced or harmonised with general legislation. In practice, these three departments have their own legal code, covering various areas: from professional regulations and land law to the health system and judicial organisation. It is estimated that local law represents about one twentieth of the legislation applicable in Alsace-Moselle.

The concordat system – the religious privilege

The most visible and controversial peculiarity is the concordat system, which maintains the relationship between state and church exactly as it was before the 1905 law, which separated Church and State in the rest of France.

In practice, in Alsace and Moselle:

• The French state continues to pay the salaries of priests, pastors and rabbis.
• The President of the Republic appoints the bishops of Strasbourg and Metz.
• Religious education is taught in public schools (for the four recognised faiths: Catholic, Lutheran Protestant, Reformed Protestant and Israelite).

Why did this system survive?

When Alsace and Moselle returned to France in 1918, after the First World War, the French faced a dilemma: should they immediately impose republican laws or maintain some of the German laws that were more advantageous for the inhabitants? They chose the latter option. In 1924, two laws enshrined this compromise, maintaining part of the local law alongside French law. The 1946 Constitution, which introduced the principle of secularism, did not aim to abolish local law. On the contrary, in the 1946 debates, it was established that this principle should not lead to the repeal of local law in Alsace-Moselle. In 2011, the Constitutional Council confirmed this situation, recognising a “fundamental principle recognised by the laws of the Republic” that allows the maintenance of these special provisions.

A hotly debated issue

This particularity has given rise to a dispute that has lasted for almost a century. For some, local law is a guarantee of regional identity and specificity, a heritage to be cherished. For others, it is an anachronism that contradicts the fundamental principles of the Republic, in particular equality before the law.

An Ifop poll from 2021 showed that 52% of residents of Alsace and Moselle are in favour of abolishing the concordat system, while nationally the figure reaches 78%.

An uncertain future

The debate on local law has also intensified in the context of territorial reform. In 2026, both Alsace and Moselle initiated steps to obtain a special status within the Grand Est region. A bill to transform Alsace into a “territorial collectivity with special status” was adopted by the National Assembly in April 2026, and a similar petition was launched for Moselle in May. It remains to be seen whether these moves will lead to a consolidation of local law, a modification of it, or a return to common law.Moselle in May. It remains to be seen whether these moves will lead to a consolidation of local law, a modification of it or a return to common law.