Historiographical Debates and France's Responsibility: The "Vichy Syndrome"
Up to Jacques Chirac's presidency, the official point of view of the French government was that the Vichy regime was an illegal government distinct from the French Republic, established by traitors under foreign influence. Indeed, Vichy France eschewed the formal name of France ("French Republic") and styled itself the "French State", replacing the Republican motto of Liberté, Egalité, Fraternité (liberty, equality, fraternity) inherited from the 1789 French Revolution, with the reactionary motto Travail, Famille, Patrie (work, family, fatherland).
While the criminal behavior of Vichy France was consistently acknowledged, this point of view denied any responsibility of the state of France, alleging that acts committed between 1940 and 1944 were unconstitutional acts devoid of legitimacy. The main proponent of this view was Charles de Gaulle himself, who insisted, as did other historians afterwards, on the unclear conditions of the June 1940 vote granting full powers to Pétain, which was refused by the minority of Vichy 80. In particular, coercive measures used by Pierre Laval have been denounced by those historians who hold that the vote did not, therefore, have Constitutional legality (See subsection: Conditions of armistice and 10 July 1940 vote of full powers).
Nevertheless, on 16 July 1995, President Jacques Chirac, in a speech, recognized the responsibility of the French State for seconding the "criminal folly of the occupying country", in particular the help of the French police, headed by René Bousquet, which assisted the Nazis in the enactment of the so-called "Final Solution". The July 1942 Vel' d'Hiv Roundup is a tragic example of how the French police did the Nazi work, going even further than what military orders demanded (by sending children to Drancy internment camp, last stop before the extermination camps).
As historian Henry Rousso has put it in The Vichy Syndrome (1987), Vichy and the state collaboration of France remains a "past that doesn't pass." Historiographical debates are still, today, passionate, opposing conflictual views on the nature and legitimacy of Vichy's collaborationism with Germany in the implementation of the Holocaust. Three main periods have been distinguished in the historiography of Vichy: first the Gaullist period, which aimed at national reconciliation and unity under the figure of Charles de Gaulle, who conceived himself above political parties and divisions; then the 1960s, with Marcel Ophüls's film The Sorrow and the Pity (1971); finally the 1990s, with the trial of Maurice Papon, civil servant in Bordeaux in charge of the "Jewish Questions" during the war, who was convicted after a very long trial (1981–1998) for crimes against humanity. The trial of Papon did not only concern an individual itinerary, but the French administration's collective responsibility in the deportation of the Jews. Furthermore, his career after the war, which led him to be successively prefect of the Paris police during the Algerian War (1954–1962) and then treasurer of the Gaullist Union des Démocrates pour la République party from 1968 to 1971, and finally Budget Minister under president Valéry Giscard d'Estaing and prime minister Raymond Barre from 1978 to 1981, was symptomatic of the quick rehabilitation of former Collaborationists after the war. Critics contend that this itinerary, shared by others (although few had such public roles), demonstrates France's collective amnesia, while others point out that the perception of the war and of the state collaboration has evolved during these years. Papon's career was considered more scandalous as he had been responsible, during his function as prefect of police of Paris, for the 1961 Paris massacre of Algerians during the war, and was forced to resign from this position after the "disappearance", in Paris in 1965, of the Moroccan anti-colonialist leader Mehdi Ben Barka.
While it is certain that the Vichy government and a large number of its high administration collaborated in the implementation of the Holocaust, the exact level of such cooperation is still debated. Compared with the Jewish communities established in other countries invaded by Germany, French Jews suffered proportionately lighter losses (see Jewish death toll section above); although, starting in 1942, repression and deportations struck French Jews as well as foreign Jews. Former Vichy officials later claimed that they did as much as they could to minimize the impact of the Nazi policies, although mainstream French historians contend that the Vichy regime went beyond the Nazi expectations.
The regional newspaper Nice Matin revealed on 28 February 2007, that in more than 1,000 condominium properties on the Côte d'Azur, rules dating to Vichy were still "in force", or at least existed on paper. One of these rules, for example, stated that:
The contractors shall make the following statements: they are of French nationality, are not Jewish, nor married to Jewish in the sense of the laws and ordinances in force
The president of the Conseil Représentatif des Institutions juives de France-Côte d'Azur, a Jewish association group, issued a strong condemnation labeling it "the utmost horror" when one of the inhabitants of such a condominium qualified this as an "anachronism" with "no consequences." Jewish inhabitants were able and willing to live in the buildings, and to explain this the Nice Matin reporter surmised that some tenants may have not read the condominium contracts in detail, while others deemed the rules obsolete. A reason for the latter is that any racially discriminatory condominium or other local rule that may have existed "on paper", Vichy-era or otherwise, was invalidated by the constitutions of the French Fourth Republic (1946) and French Fifth Republic (1958) and was inapplicable under French antidiscrimination law. Thus, even if the tenants or coowners had signed or otherwise agreed to these rules after 1946, any such agreement would be null and void (caduque) under French law, as were the rules. Rewriting or eliminating the obsolete rules would have had to be done at the occupants' expense, including notary fees of 900 to 7000 EUR per building.
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