I read this news somewhere else a week ago or so, but flashkits are not only rules illegal in france, but in most european countries as well.
As far as a homebrew only flashkit goes, there is one (iPlayer). Yes it can play GBA games, but an emulator is also homebrew. The only problem with the iPlayer is that it still contains a pirated part of a commercial ROM in its bootstrap for bypass the security measures in the DSi system and thus it is illegal. I'm not sure a 100% legal flashkit for DSi systems is possible. A DS/DSlite is another story, though.
As far as a homebrew only flashkit goes, there is one (iPlayer). Yes it can play GBA games, but an emulator is also homebrew. The only problem with the iPlayer is that it still contains a pirated part of a commercial ROM in its bootstrap for bypass the security measures in the DSi system and thus it is illegal. I'm not sure a 100% legal flashkit for DSi systems is possible. A DS/DSlite is another story, though.