Regulation of prostitution in the European Union : laws and policies in selected EU Member States.
Date: 2024-09-11
Institutions: Directorate-General for Parliamentary Research Services
Subjects: EU Member State, EU law, EU strategy, cross-border dimension, equal treatment, fight against crime, fundamental rights, gender equality, prostitution, sexual discrimination, trafficking in human beings, women's rights

Regulation of 
prostitution in 
the European 
Union 

Laws and policies 
in selected EU 
Member States 

IN-DEPTH ANALYSIS 

EPRS | European Parliamentary Research Service 

Authors: Piotr Bąkowski and Martina Prpic 
Members' Research Service 
PE 762.354 – September 2024 

EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
Explaining the various approaches to prostitution in the European Union (EU), this paper begins by 
presenting  the  ideological  underpinnings  of  prostitution  policies.  It  also  looks  at t he  different 
prostitution 'policy models' and the essential elements of the EU-level debate on prostitution. The 
paper goes on to describe laws and policies in selected EU Member States, offering an overview of 
the range of national frameworks in place. 

AUTHOR(S) 

Piotr Bąkowski and Martina Prpic, with contributions from Joanna Apap (Malta), Piotr Bąkowski (Poland and 
Sweden), David de Groot (Netherlands), Verena Kern (Austria), Silvia Kotanidis (Italy), Marie Lecerf (France), 
Gabija Leclerc 
(Greece), 
Hendrik Alexander Mildebrath  (Germany),  Colin  Murphy  (Ireland),  Ingeborg  Odink  (Finland),  Martina Prpic 
(Croatia and Malta) and Ionel Zamfir (Romania). 

(Belgium),  Maria-Margarita  Mentzelopoulou 

(Lithuania),  Katrien  Luyten 

This  paper  has  been  drawn  up  by  the  Members'  Research  Service  within  the  Directorate-General  for 
Parliamentary Research Services (EPRS) of the Secretariat of the European Parliament. 

To contact the author(s), please email: eprs@ep.europa.eu. 

LINGUISTIC VERSIONS 

Original: EN 

Manuscript completed in July 2024. The information provided reflects the situation in each Member State as 
of 1 January 2024. 

DISCLAIMER AND COPYRIGHT 

This  document  is  prepared  for,  and  addressed  to,  the  Members  and  staff  of  the  European  Parliament  as 
background  material  to  assist  them  in  their  parliamentary  work.  The  content  of  the  document  is  the  sole 
responsibility of its author(s) and any opinions expressed herein should not be taken to represent an official 
position of the Parliament. 

Reproduction  and  translation  for  non-commercial  purposes  are  authorised,  provided  the  source  is 
acknowledged and the European Parliament is given prior notice and sent a copy. 

Brussels © European Union, 2024. 

Photo credits: © Lena Maximova / Adobe Stock. 

PE 762.354 
ISBN: 978-92-848-2024-5 
DOI:10.2861/757840 
CAT: QA-05-24-558-EN-N 

eprs@ep.europa.eu  
http://www.eprs.ep.parl.union.eu/ (intranet) 
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Regulation of prostitution in the European Union 

Executive summary 

Drawing on diverse underlying rationales, policies on prostitution – in the EU and elsewhere – vary 
both  in  their  objectives  and  in  their  strategies  for  achieving  those  objectives.  These  distinctions 
manifest in the terminology used, with 'prostitution' typically favoured by stakeholders aiming to 
curb or eradicate the practice, and the term 'sex work' embraced by those who view prostitution as 
a legitimate form of employment. 

Formulating  policies  on  prostitution  presents  numerous  challenges, 
lack  of 
comprehensive statistical data. However, these policies often lack emphasis on the importance of 
evidence-based approaches – shaped instead by ideological beliefs and moral perspectives. While 
discussions on prostitution transcend feminism, feminist ideologies have had a particularly strong 
impact on policy formulation. 

including  a 

Academic classification of prostitution policies into national models or regimes is subject to ongoing 
debate, with criticism directed towards the 'model approach' for oversimplifying the complexities of 
these policies and failing to capture regional and local variations. Traditionally, policies have been 
categorised  into  overarching  ideological  approaches:  'prohibitionism',  which  seeks  to  outlaw  all 
aspects  of  prostitution;  and  'abolitionism',  which  focuses  on  criminalising  the  facilitation  and 
purchase,  but  not  the  sale  of  sexual  services.  However,  there  is  a  growing  tendency  towards 
classifying policies as falling under criminalisation (of purchase or sale), legalisation (regulation) or 
decriminalisation. 

Given  the  EU's  lack  of  explicit  authority  to  regulate  prostitution,  which  falls  within  the  exclusive 
competence  of  individual  Member  States,  stakeholders  both  within  and  outside  EU  institutions 
advocate framing prostitution as a problem linked to areas where the EU does have competence; 
these include gender equality, violence against women, human trafficking, and the free movement 
of  services.  With  the  European  Commission  and  the  Council  largely  silent  on  the  issue,  debates 
predominantly  occur  within  the  European  Parliament,  and  are  marked  by  strong  disagreements 
between Members subscribing to opposing approaches. 

Prostitution is subject to varying regulations across the EU, leading to a diverse array of national 
legislative and policy frameworks. Member States differ as to how they address the sale or purchase 
of sex, as well as the exploitation of prostitution. This variety is due not only to EU Member States' 
different historical and cultural backgrounds, but also to the current local state of affairs, especially 
as regards the situation in the field, and the priorities of the governments in power. In some Member 
States, there is a strong concern that prostitution constitutes violence against women. Those States 
usually tend to penalise buyers of sexual services. By contrast, some other Member States recognise 
that 'sex work' is a voluntary choice for some and tailor their legal frameworks accordingly. 

I 

 
 
Regulation of prostitution in the European Union 

Table of contents 

1. Introduction __________________________________________________________________  1 

2. Ideological underpinnings of prostitution policies  ___________________________________ 2 

3. Typology of approaches to prostitution  ___________________________________________ 3 

3.1. Prostitution policy models ____________________________________________________ 3 

3.2. Criticism of the 'policy model' concept  _________________________________________ 4 

4. International legal framework and international organisations' positions _________________ 5 

5. EU debate on prostitution ______________________________________________________ 6 

5.1. EU legal and policy framework ________________________________________________ 6 

5.2. European Parliament positions ________________________________________________ 7 

6. Situation in selected EU Member States ___________________________________________ 9 

6.1. Summary of findings ________________________________________________________ 9 

6.2. Selected EU Member States _________________________________________________  10 

Austria_____________________________________________________________________  12 

Belgium ____________________________________________________________________  13 

Croatia  ____________________________________________________________________  14 

Finland  ____________________________________________________________________  15 

France _____________________________________________________________________  16 

Germany ___________________________________________________________________  18 

Greece  ____________________________________________________________________  19 

Ireland _____________________________________________________________________  21 

Italy _______________________________________________________________________ 22 

Lithuania ___________________________________________________________________ 23 

Malta ______________________________________________________________________ 25 

III 

 
 
 
 
EPRS | European Parliamentary Research Service 

The Netherlands _____________________________________________________________ 26 

Poland _____________________________________________________________________ 27 

Romania  ___________________________________________________________________ 28 

Sweden ____________________________________________________________________ 29 

IV 

 
 
 
 
Regulation of prostitution in the European Union 

1. Introduction 

The European Parliament has characterised prostitution as 'the purchase of a sexual act, which can 
be defined as the solicitation, acceptance or obtainment of a sexual act from a person in a situation 
of prostitution in exchange for remuneration, the promise of remuneration, the provision of a benefit 
in  kind  or  the  promise  of such  a  benefit'.1  However,  the  context  behind  this  general  definition  is 
continually evolving, with new online forms of sexual services emerging, such as webcams, sex chats 
and self-produced internet content.2 

Alongside 'prostitution', the term 'sex work' has emerged to acknowledge the sale of sex as a legitimate 
form of employment, and avoid the social stigma attached to the term 'prostitution'. Nonetheless, both 
'prostitution' and 'sex work' terminology (advocated by sex worker associations and international human 
rights organisations) is contested. Additionally, the term 'sex work' encompasses a broader range of sex-
related activities, not merely the direct purchase of sex. Unless it is pertinent to use the term 'sex work', 
this  paper  employs  the  terms  'prostitution'  and  'individuals'  or  'persons'  'engaging  in  prostitution'  in  an 
impartial manner, avoiding alignment with any particular stance in the ongoing debate. 

We  know  little  about  the  size  of  prostitution  markets  in  the  EU  owing  to  the  dearth  of  reliable 
statistics. The same can be said about trafficking in human beings for sexual exploitation (referred 
to in this paper as human trafficking),3 a form of crime with a complex relationship with prostitution, 
subject to ongoing debate.4 This scarcity can be attributed to both practical reasons, such as the 
partially concealed nature of the issue and the high mobility of individuals engaging in prostitution, 
and  conceptual  challenges,  including  problems  in  defining  key  categories.5  Notably,  the  highly 
morally and politically charged nature of prostitution and the stigma attached to it affect knowledge 
production, with participants in the sector unwilling to take part in research.6 This lack of reliable 
statistics is one of the main challenges encountered when formulating prostitution policies. 

The  regulation  of  prostitution  in  the  EU  presents  a  complex  landscape  characterised  by  diverse 
frameworks and underlying rationales. It is the subject of ongoing debate, as policy makers continue 
to seek to address both the supply and demand aspects. Jurisdictions differ as to how they tackle 
selling or purchasing sex, as well as the exploitation of prostitution. Typically, (but not always) they 
tackle such issues by criminalising third-party involvement, such as pimping, pandering, procuring, 

1  

2  

European Parliament resolution of 14 September 2023 on the regulation of prostitution in the EU: its cross-border 
implications and impact on gender equality and women's rights (2022/2139(INI)). 

See Z. Lasocik and Ł.  Wieczorek, Legal and social implications of sexual services other than prostitution: Prawne i 
społeczne konsekwencje usług seksualnych innych niż prostytucja, Archives of Criminology, (XLII/2), 2023. The article 
was published under the project entitled 'Demand for sexual exploitation in Europe – DESIrE' co-funded by the EU 
Internal Security Fund. 

3   Understanding EU action against human trafficking, briefing, M. Prpic, EPRS, European Parliament, 2023. Since 2008, 
Eurostat has collected and made available EU-wide data on the number of victims of human trafficking for various 
forms  of  exploitation.  However,  this  relates  only  to  registered  victims  (persons  identified  by  the  relevant  formal 
authority or by other national and non-national authorities). 

4  

See e.g. A. Weatherburn, Z. Lasocik, Ł. Wieczorek, K. Rejmer-Jobczyk, and P. De Hert (Ed.), DESIRE deliverable 5.2 
DESIrE  Final  Report  and  Recommendations,  2019;  Cho,  Seo-Young,  A. Dreher,  and  E. Neumayer,  Does  Legalized 
Prostitution Increase Human Trafficking?, World development 41, 2013; S. Lee and P. Persson, Human Trafficking and 
Regulating Prostitution, American economic Journal, Economic policy 14.3, 2022; R. Weitzer, Sex trafficking and the 
sex industry: the need for evidence based theory and legislation, The journal of criminal law & criminology 101.4, 2011. 
5   H. Wagenaar, S. Altink, and H, Amesberger, Designing Prostitution Policy: Intention and Reality in Regulating the Sex 
Trade,  Policy  Press,  2017,  pp.  54–61;  S. Jahnsen  and  H. Wagenaar,  Assessing  Prostitution  Policies  in  Europe, 
Routledge, 2017, p. 8. 

6  

P. Östergren, From Zero-Tolerance to Full Integration: Rethinking Prostitution Policies, DemandAT  Working Paper 
No 10, 2017, p. 19–20. 

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and running brothels. This paper explores the different EU Member State approaches to regulating 
prostitution, the national context, and both EU-level and national discussions on prostitution policy. 

2. Ideological underpinnings of prostitution policies 

Prostitution  policies  are  grounded  in  moral  and  ethical  considerations  regarding  sexuality  and 
gender roles. Some view prostitution as immoral, leading to policies aimed at eradicating or heavily 
regulating it to uphold societal moral standards. Guided by public safety (including public health) 
concerns,  policies  may  seek  to  restrict  prostitution,  particularly  in  view  of  the  transmission  of 
sexually transmitted infections. Others are primarily concerned with human rights and the dignity of 
individuals  engaging  in  prostitution,  advocating  action  to  protect  the  autonomy,  safety,  and 
wellbeing of those concerned. 

Overall, prostitution policies tend to be driven by ideological beliefs and moral perspectives, rather 
than  empirical  evidence  (which  is  often  lacking)  or  practical  considerations.  They  are  a  prime 
example of 'morality politics',7 a designation used for 'policies that are explicitly ideological, a proxy 
for a larger cause, almost exclusively owned by the general public, impervious to facts, discussed in 
emotionally highly charged language, concerned more with the symbolism of strong measures than 
the details of implementation, and prone to sudden policy reversals.'8 While all policy-making can 
be viewed as a contest over the implementation of fundamental societal values, a context of public 
disagreement influences certain policies more than others. Interestingly, in the case of prostitution, 
this discord does not neatly align with the typical left-right or liberal-conservative political divide. 

Over time, two diametrically opposed understandings of commercial sex have developed. One view 
perceives prostitution as an inherently negative social phenomenon that should be eliminated or 
restricted.  The  other  sees  a  multifaceted  phenomenon  with  negative  elements  best  tackled  by 
integrating the 'sex work' sector into the societal framework.9 While the discourse on prostitution 
transcends  feminism,  feminist 
influenced  these  divergent 
understandings, with radical feminists and liberal feminists offering contrasting perspectives. 

ideologies  have  significantly 

Radical feminists perceive prostitution as a manifestation of patriarchal oppression and advocate for 
its abolition, equating it to 'sexual slavery' and asserting that it represents violence against women, 
both actual and symbolic. They refer to individuals selling sex as 'prostitutes', 'prostituted women', 
or 'survivors', framing the issue within a discourse of 'modern slavery' and 'paid rape'. Their language 
underscores  the  lack  of  choice  experienced  by  those  persons,  whom  they  consider  victims  of 
circumstance, often citing evidence of high rates of childhood sexual abuse among women involved 
in prostitution.10 Consequently, they view consent as illusory, since it cannot exist in the context of 
male domination and patriarchy. Radical feminists attribute the root cause of human trafficking – 
which they perceive as closely linked to prostitution – to male demand for the purchase of sex. 

By  contrast,  liberal  feminists  prioritise  individual  agency  and  advocate  for  the  legalisation  or 
decriminalisation of prostitution, framing it as a matter of choice and empowerment for consenting 

7  

F. Foret and L. Rubio Grundell, European Morality Politics in the European Union: The Case of Prostitution, Sexuality 
& culture 24.6, 2020; H. Wagenaar and S. Altink, Prostitution as Morality Politics or Why It Is Exceedingly Difficult To 
Design and Sustain Effective Prostitution Policy, Sexuality Research and Social Policy 9(3), 2012. 

8   H. Wagenaar, S. Altink and H. Amesberger, Final Report of the International Comparative Study of Prostitution Policy: 

Austria and the Netherlands, Platform 31, 2013. 

P. Östergren, op. cit., p. 9. 

9  
10   L. Connelly, Debates on prostitution: an introduction to feminist politics and their influence upon international policy 

and practice, in: F. Jacob, (ed.) Prostitution: A Companion of Mankind, Peter Lang, 2016, pp. 2-3. 

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adults.  While  acknowledging  exploitation  and  inequality  within  the  industry,  they  adopt  a  harm 
reduction approach, emphasising the need to protect the rights and wellbeing of 'sex workers' while 
addressing underlying issues. Coined by Carol Leigh in the 1980s to remove the stigma associated 
with  'prostitute'  the  term  'sex  worker,'  is  rejected  by  radical  feminists  yet  embraced  by  liberal 
feminists as recognising sex work as legitimate labour.11 

These  divergent  views  underscore  the  complexity  of  feminist  perspectives  on  prostitution. 
However, the discourse surrounding prostitution extends beyond the confines of feminism. These 
positions  are  largely  representative  of  two  broader  opposing  factions,  often  referred  to  as 
'abolitionists' and the 'sex work movement'. 

3. Typology of approaches to prostitution 

3.1. Prostitution policy models 

In academic discourse, it is customary to differentiate between national policy models or regimes, 
which  are  frameworks  of  laws  and  practices  governing  prostitution  that  influence  its  operations 
within specific jurisdictions in distinct ways.12 Debate on the typology, terminology, and conceptual 
validity of these regimes is ongoing. 

Traditionally, prostitution policies have been categorised into overarching ideological approaches of 
'prohibitionism' and 'abolitionism.' Prohibitionism would ban all aspects of prostitution, including 
the  sale  of  sex.  In  contrast,  abolitionism  would  penalise  the  facilitation  and  purchase  of  sexual 
services alone. Policies specifically targeting demand by criminalising the purchase of sex (clients), 
but not people engaging in prostitution (considered victims) are referred to as 'neo-abolitionist' 
(see the 'Nordic model' below). Recently, however, academics have increasingly used a three-fold 
classification  system,  which 
into 
criminalisation of the purchase of sexual services and the sale of sexual services), legalisation (or 
regulation), and decriminalisation. 

includes  criminalisation  (sometimes  further  categorised 

Criminalisation models stem from the perception of prostitution is a threat to public order or a form 
of violence against women that needs to be eradicated. While the criminalisation of sex sellers is 
uncommon in the EU, the 'Swedish model', which aims at criminalising clients (typically assumed to 
be  male)  while  not  criminalising  individuals  engaging  in  prostitution  (assumed  to  be  female, 
considered as victims and therefore offered protection and support to exit prostitution) has risen in 
popularity in recent decades. Pioneered by Sweden, this regime is also known as the 'Nordic model', 
as  there  is  a  widely  shared  belief  that  the  adoption  of  laws  criminalising  the  purchase  of  sexual 
services in Sweden, later followed by Norway and Iceland, represents the emergence of a unified 
Nordic approach to prostitution.13 The legislative reform in Sweden was introduced with a view to 
advancing gender equality by using the law as a normative tool to communicate to the public that 
commercial sex was not acceptable.14 Sweden has made efforts to 'export' this legislation and sought 

11   L. Connelly, op. cit., p. 6. 
12   J.  Outshoorn,  Introduction:  Prostitution,  Women's  Movements  and  Democratic  Politics  in  J.  Outshoorn  (ed.),  The 
Politics of Prostitution: Women's Movements, Democratic States and the Globalisation of Sex Commerce, Cambridge 
University Press, 2004. 

13   For  a  different  outlook,  see  S. Kingston  and  T. Thomas,  No  model  in  practice:  a  'Nordic  model'  to  respond  to 

prostitution?, Crime Law and Social Change, 71(1), 2019. 

14   N. Vuolajärvi, Criminalising the Sex Buyer: Experiences from the Nordic Region, policy brief 06/2022, London School 

of Economics, 2022, p. 3. 

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to influence political debates at the international level.15 As a result, the Nordic approach has become 
one  of  the  most  prominent  prostitution  policy  models  in  international  discussions.  Its  success  is 
claimed both in the EU and elsewhere, leading several states to enact similar laws.16 

The  legalisation  (regulation)  approach  acknowledges  prostitution  as  a  potentially  risky  form  of 
employment  that  requires  harm  reduction  measures.  In  this  framework,  the  sale,  purchase  and 
organisation  of  voluntary  sexual  services  are  legal,  subject  to  specific  regulations  aimed  at 
protecting public interests, particularly public health and safety. The sale and facilitation of sexual 
services are typically licenced. Prominent examples of this approach – advocated by liberal feminists 
and other proponents of liberal ideologies – include the German and Dutch17 policies.  

Similar to legalisation, decriminalisation models recognise prostitution as a form of labour and aim 
to minimise the associated harm, but they clearly prioritise the human rights of individuals engaging 
in prostitution. Under these models, the sale, purchase and organisation of voluntary sexual services 
are 'decriminalised' and thus legal and not subject to any specific regulation. This approach was first 
implemented in New Zealand and subsequently in Belgium in 2022. It was developed in collaboration 
with sex-worker organisations, which also advocated for this model in other contexts, supported by 
various liberal stakeholders.  

3.2. Criticism of the 'policy model' concept  

While  the  model  concept  is  commonly  employed,  critics  argue  that  it  inadequately  captures  the 
intricate and multi-faceted nature of prostitution policy. One of the primary criticisms is that the 
concept overlooks the complexities of policy implementation, failing to consider the numerous small 
decisions  that  may  deviate  from  officially  stated  intentions  and consequently  produce  outcomes 
that  diverge  from  the  intended  goals.  Prostitution  policy  is  implemented  by  regional  and  local 
authorities,  resulting  in  significant  variations  within  a  broader  national  policy  framework. 
Furthermore, these regulatory frameworks may not align neatly with national borders, leading to 
inconsistencies where multiple regimes may co-exist within the same country or even within a single 
policy programme or legal approach.18 As a result, it is argued, even seemingly opposed regimes 
appear to produce similar outcomes.19 

15   J.  Levy,  Criminalising  the  purchase  of  sex:  Lessons  from  Sweden,  Routledge,  2014,  quoted  after  S.  Kingston  and 
T. Thomas,  op.  cit.;  As  an  illustration,  see,  K. Claude,  Targeting  The  Sex  Buyer.  The  Swedish  Example:  Stopping 
Prostitution and Trafficking Where it all Begins, the Swedish Institute, 2010. 

16   S. Kingston and T. Thomas, op. cit., pp. 1–2. 
17   For the history of prostitution regulation in the Netherlands, see: Ch. Post, J.G. Brouwer, and M. Vols. Regulation of 
Prostitution  in  the  Netherlands:  Liberal  Dream  or  Growing  Repression?,  European  journal  on  criminal  policy  and 
research 25.2, 2019. 

18   H. Wagenaar and S. Altink, op. cit., p. 289. 
19   J. Scoular, What's Law Got to Do with It? How and Why Law Matters in the Regulation of Sex Work, Journal of Law 

and Society, Vol. 37, No 1, 2010, p. 13. 

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Regulation of prostitution in the European Union 

4. International 
legal 
organisations' positions 

framework 

and 

international 

International organisations allow their member states the autonomy to adopt their own approaches 
to  prostitution,  while  also  providing  guidelines  and recommendations  to  influence  these national 
policies. These concern in particular the human rights of persons engaging in prostitution and the 
prevention and combating of human trafficking. Several bodies within international organisations – 
notably the United Nations (UN) and the Council of Europe (CoE) – have thus adopted positions 
criticising  various  aspects  of  current  approaches  to  prostitution.  For  instance,  a  number  of  UN 
entities,20  have  underscored  human  rights  violations  impacting  'sex  workers'  and  consequently 
advocated for complete decriminalisation of 'consensual' (or 'voluntary') 'adult sex work', including 
the sale and purchase of sex and third-party activities. Similarly, the CoE Commissioner for Human 
Rights, Dunja Mijatović, supported a 'human rights based approach to sex work' in February 2024, 
stressing  that  consensual adult  sex  work should not  be  criminalised  and  'conflated  with  violence 
against women or trafficking in human beings'.21 However, these positions contrast with the views 
expressed  by  other  UN  and  CoE  bodies.  For  example,  in  2014,  the  CoE  Parliamentary  Assembly 
adopted a resolution that recommended CoE member and observer states 'consider criminalising 
the  purchase  of  sexual  services,  based  on  the  Swedish  model,  as  the  most  effective  tool  for 
preventing and combating trafficking in human beings'.22 Similarly, in October 2023, the UN Special 
Rapporteur on violence against women and girls made a statement on the French law criminalising 
clients, positively assessing such criminalisation as having a 'strong legal basis in international human 
rights law'.23 

Nevertheless,  no  international  convention  specifically  regulates  prostitution  or  endorses  any 
particular regulatory regime. The conventions referenced in discussions concerning prostitution – 
depending on how the topic is framed – focus on the exploitation of prostitution, gender inequality 
and human trafficking. One example is a 1949 UN Convention targeting third-party involvement and 
outlawing the operation of brothels.24 The preamble of this convention states that 'prostitution and 
the accompanying evil of the traffic in persons for the purpose of prostitution are incompatible with 
the dignity and worth of the human person and endanger the welfare of the individual, the family 
and  the  community'.  The  Convention  on  the  Elimination  of  All  Forms  of  Discrimination  Against 
Women (CEDAW) is in turn characterised by a human rights-based approach.25 While requiring that 
States Parties take all appropriate measures to suppress the exploitation of prostitution of women, 
CEDAW does not take the position that prostitution should be abolished. The convention is credited 
with  contributing  to  a  shift  on  women's  rights  and  prostitution,  leading  to  the  emergence  of 

20   See e.g. To protect sex workers' health, protect their human rights, press statement, UNAIDS, June 2024; A guide on the 
human rights of sex workers, UN High Commissioner for Human Rights, March 2024; Eliminating discrimination against 
sex workers and securing their human rights, UN Working Group on discrimination against women and girls, 2023. 

21   Protecting the human rights of sex workers, Council of Europe Commissioner for Human Rights, February 2024. 
22   Resolution 1983 (2014): Prostitution, trafficking and modern slavery in Europe, para 12.1.1., Parliamentary Assembly 

of the Council of Europe, 8 April 2014. 

23   Statement on French Law 2016-444 - Strengthening the Fight Against the Prostitution System and Providing Support 
for  Prostituted  Persons  in  France,  Special  Rapporteur  on  violence  against  women  and  girls,  Reem  Alsalem, 
October 2023. 

24   Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others, United 

Nations, 1949. 

25   Convention on the Elimination of All Forms of Discrimination against Women, United Nations, 1979. 

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approaches  favouring  its  legalisation.26  The  'Palermo  Protocol'27  –a  pivotal  piece  of  international 
legislation addressing human trafficking – has served as a model for the EU legislation on human 
trafficking.  The  protocol's  definition  of  'trafficking  in  persons'  covers  'the  exploitation  of  the 
prostitution of others', but the text does not otherwise mention prostitution. 

5. EU debate on prostitution 

5.1. EU legal and policy framework 

Member  States  retain  the  exclusive competence  to  regulate  prostitution.  Along  with  the  divisive 
nature  of  the  issue,  this  is  often  cited  as  the  reason  for  the  lack  of  a  specific  EU  policy  on 
prostitution.28 Actors both outside and within the EU institutions have advocated in favour of linking 
prostitution  to  domains  where  the  EU  does  have  competence,  such  as  gender  equality,  violence 
against women (including sexual exploitation), human trafficking and free movement. 

Gender  equality  is  a  fundamental  EU  value,  as  outlined  in  Articles 2  and 3  of  the  Treaty  on  the 
European Union (TEU) and Article 8 of the Treaty on the Functioning of the European Union (TFEU). 
The EU policy on gender equality has been formulated in successive strategies, including the most 
recent 2020-2025 gender equality strategy, which includes a commitment to prevent and combat 
gender-based  violence.29  EU  legislation now  also  addresses  this,  through  the  2024  Directive  on 
combating violence against women and domestic violence, which provides for minimum rules on 
specific forms of crime such as sexual exploitation and computer crimes.30 Human trafficking stands 
out as the area where the EU has clear Treaty-based authority to adopt legislation and a consistent 
policy-making record. EU laws and policies addressing it were inspired by international law.31 Human 
trafficking is thus recognised as a violation of fundamental rights, explicitly prohibited by Article 5 
of the EU Charter of Fundamental Rights. Moreover, Article 83 TFEU identifies 'trafficking in human 
beings and sexual exploitation of women and children' among serious crimes with a cross-border 
dimension  for  which  a  possibility  exists  to  establish  common  minimum  rules on  the  definition  of 
criminal offences and sanctions. Based on this provision, the EU adopted Directive 2011/36/EU (the 
Anti-trafficking Directive), which is the principal EU instrument on human trafficking. Whereas EU 
trafficking-related instruments may not explicitly address prostitution, they do urge Member States 
to tackle the demand side of the trafficking problem, which could affect their prostitution markets. 
Most importantly, the 2024 revision of the Anti-trafficking Directive criminalises the use of services 

26   T. Provost, Shaky Ground: How Wavering Approaches to Prostitution Law Have Undermined International Efforts to 
End It, Santa Clara Journal of International Law, vol. 14, issue 2, 2016, p. 626; see also J. A. Fox, International Law After 
Dark:  How  Legalized  Sex  Work  Can  Comport  with  International  and  Human  Rights  Law,  Chicago  Journal  of 
International Law, vol. 22, No 1, 2021. 

27   Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the 

United Nations Convention against Transnational Organized Crime, United Nations, 2003. 

28   G. Allwood, Agenda Setting, Agenda Blocking and Policy Silence: Why Is There No EU Policy on Prostitution?, Women's 
studies international forum, vol. 69, 2018. The author challenges the claim  that prostitution is absent from  the EU 
agenda due to it falling outside the EU's competence, arguing instead that this absence is the result of agenda blocking 
and silencing of the issue within EU policy-making structures and processes. 

29   Communication from the Commission to the European Parliament, the Council, The European Economic and Social 
Committee  and  the  Committee  of  the  Regions,  A  Union  of  Equality:  Gender  Equality  Strategy  2020-2025, 
COM(2020)152 final. 

30   European Parliament, Combating violence against women and domestic violence, Procedure File 2022/0066 (COD) 
31   Sexual exploitation and prostitution and its impact on gender equality, Policy Department for Citizens' Rights and 
Constitutional Affairs, Directorate-General for Internal Policies, European Parliament, 2014, Annex III, pp. 78-83. 

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Regulation of prostitution in the European Union 

from  a  victim  of  human  trafficking  when  it  is  committed  with  the  knowledge  that  the  person 
providing the service is a victim.32  

Prostitution is also framed as pertaining to the freedom to provide services in the EU. The Court of 
Justice of the EU33 is, however, the only EU institution to have addressed it from this perspective, in 
relation to cases initiated by individuals engaging in prostitution. The Court has made several rulings 
on sexual services and concluded that when prostitution is exercised 'in a self-employed capacity', 
it can be considered as a service provided for remuneration and thus an 'economic activity'.34 As 
such, it falls under the scope of provisions of EU legislation on the freedom to provide services. 

Overall, whereas approaches to prostitution differ at the EU-level, the European Commission and 
the Council have rarely addressed the issue in relation to the above-mentioned domains, human 
trafficking  being  one  exception.35  The  debate  has  thus  mainly  taken  place  within  the  European 
Parliament, with a range of stakeholders seeking to influence the Parliament's position on the issue.36 

5.2. European Parliament positions 

The parliamentary debate on prostitution has been characterised by strong disagreement over how 
it should be regulated, reflecting the different approaches outlined above. Interestingly, voting has 
not usually followed the left–right divide, with most political groups internally split over the issue. 
The Parliament began to take an interest in the regulation of prostitution in the early 1980s and has 
addressed the issue in numerous resolutions. Whereas from early on the issue was tackled from the 
gender violence perspective – often alongside human trafficking – Parliament resolutions initially 
tended  to  differentiate  between  forced  and  voluntary  prostitution.  This  allowed  the  latter  to  be 
framed as 'sex work', which was a novel approach at the time.37 However, following the adoption by 
the Council of a 2002 framework decision on combating trafficking in human beings,38 successive 
Parliament resolutions have emphasised the link between prostitution and human trafficking and 
supported  the  criminalisation  of  the  purchase  of  sex.  This  approach  is  best  illustrated  by  a  2014 
resolution, based on a report by Mary Honeyball (UK, S&D) and a 2023 resolution, based on a report 
by Maria Noichl, (S&D Germany), both prepared for the Committee on Women's Rights and Gender 
Equality. 

32   Legislative  observatory,  Preventing  and  combating  trafficking  in  human  beings  and  protecting  its  victims, 

2022/0426(COD). 

33   Prior to the Lisbon Treaty, called the Court of Justice of the European Communities. 
34   Court of Justice of the European Union, Judgment of 20 November 2001, Jany and Others v Staatssecretaris van 
Justitie, C-268/99, EU:C:2001:616 (paragraph 49); see also Court of Justice of the European Communities, Judgment 
of 18 May 1982, Adoui and Cornuaille, Joined cases 115 and 116/8, EU:C:1982:183; and Judgment of 1 October 2015, 
Trijber and Harmsen, Joined Cases C 340/14 and C 341/14, EU:C:2015:641. 

35  

In this context, the Commission has repeatedly stressed that while it has a mandate to address prostitution in so far 
as this relates to sexual exploitation and trafficking in human beings, policy on prostitution as such remains a matter 
for the Member States; see e.g. the answers to the questions for written answer E-008411-12, E-003577/2014, and 
E-001024/2023. 

36   G. Allwood, op. cit.; J. Outshoorn, European Union and prostitution policy in S. Økland Jahnsen, and H. Wagenaar 
(eds.)  2018.  Assessing  prostitution  policies  in  Europe,  Routledge,  2018;  L. Rubio  Grundell,  The  EU's  approach  to 
prostitution: Explaining the 'why' and 'how' of the EP's neo-abolitionist turn, European Journal of Women's Studies, 
28(4), 2021. 

37   J. Outshoorn, op. cit., pp. 365–367. 
38   Council Framework Decision of 19 July 2002 on combating trafficking in human beings (2002/629/JHA), no longer in 

force. 

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Parliament's  2014  resolution  on  sexual  exploitation  and  prostitution  and  its  impact  on  gender 
equality39 considered prostitution as both a cause and a consequence of inequality between men 
and women. It condemned prostitution as a violation of human dignity and human rights principles, 
contrary to the EU Charter of Fundamental Rights. The resolution treated 'prostituted women' as 
victims who should not be criminalised and called on the Member States to introduce health checks 
and develop counselling and exit programmes for them, as well as reducing the dangers of street 
prostitution.  Conversely,  it  saw  the  buyers  of  sex  as  the  key  problem,  emphasising  the  need  to 
reduce demand in prostitution markets as part of a strategy against human trafficking. In this vein, 
it praised the 'Nordic model', citing its alleged deterrent effect on human trafficking. Whereas the 
resolution did mention other approaches towards prostitution, it held that 'looking upon prostitution 
as legal 'sex work', decriminalising the sex industry in general and making procuring legal is not a 
solution to keeping vulnerable women and under-age females safe from violence and exploitation, 
but  has  the  opposite  effect'.  In  addition,  it  noted  that  'any  framework  of  legalisation  primarily 
benefits the pimps, who are able to transform themselves into "businessmen"'. Nevertheless, the 
resolution criticised the lack of reliable data on prostitution and on the impact of all models to tackle 
the  issue,  stressing  that  more  analysis  and  statistical  evidence  was  needed  to  judge  their 
effectiveness.  Parliament  urged  the  Member  States  to  evaluate  both  the  positive  and  negative 
effects of criminalising the purchase of sexual services on reducing prostitution and trafficking.  

In the 2023 resolution on the regulation of prostitution in the EU,40 the Members adopted a very 
similar  approach.  In  the  first  recital,  they  note  that  'the  UN  and  EU  agreed  upon  language  is 
prostitution and people/women in prostitution' and that those who self-describe themselves as 'sex 
workers' are a vocal minority of people in prostitution. The resolution stressed the importance of 
reducing  demand,  which  it  viewed  as  strongly  associated  with  human  trafficking.  Parliament 
therefore concluded it was impossible to separate discussion on the regulation of prostitution from 
those on human trafficking. The text criticised the asymmetry between national rules on prostitution 
within the EU, leading to more victims of trafficking and creating opportunity for organised crime. 
Parliament  supported  the  'overarching  gender-specific  objective'  of  the  'Nordic/Equality  model', 
which may not be 'a fix-all solution to reduce demand, sex trafficking, violence or exploitation', but 
has  'positive  effects  on  the  rights  of  people,  in  particular  women,  in  prostitution,  the  normative 
effect in society and the fight against human trafficking'. At the same time, Parliament pointed to 
negative  effects  of  other  regulatory  models  on  levels  of  human  trafficking,  the  misuse  of  legal 
arrangements for criminal activity (such as opening a legal establishment, but using coercion to staff 
it), and the impact of the normalisation of prostitution on young people's perceptions of sexuality. 
Parliament  therefore  called  on  the  Member  States  to  'ensure  that  it  is  punishable  as  a  criminal 
offence to solicit, accept or obtain a sexual act from a person in exchange for remuneration (...)'. 
Nuancing its position, the Parliament reiterated the 'need to realistically evaluate the impact of all 
models to see which fundamental rights-based measures and strategies protect women's rights and 
promote gender equality best', rejecting an 'overly simplified ideological battle and binary approach 
that polarises the debate into two camps'. 

Voting  on  the  2023  resolution  underscored  the  division  within  Parliament  on  the  issue,  as  the 
combined number of votes against (175) and abstentions (122) exceeded the number of votes in 
favour (234). Like the 2014 resolution, the 2023 resolution was accompanied by a minority opinion. 
Nevertheless,  both  resolutions  are  regarded  as  a  symbolic  success  for  advocates  of  the  'Nordic 

39   European Parliament resolution of 26 February 2014 on sexual exploitation and prostitution and its impact on gender 

equality (2013/2103(INI)). 

40   European Parliament resolution of 14 September 2023 on the regulation of prostitution in the EU: its cross-border 

implications and impact on gender equality and women's rights (2022/2139(INI)). 

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model'.  Predictably,  the  resolutions  elicited  strong  reactions  beyond  the  Parliament,  garnering 
support from some stakeholders and vehement opposition from others.41 

6. Situation in selected EU Member States 

6.1. Summary of findings 

The regulation of prostitution in the EU differs between countries for historical and cultural reasons, 
as  well  as  current  social  contexts  and  political  circumstances,  all  of  which  influence  national 
priorities.  Certain  Member  States,  where  there  is  a  strong  concern  that  prostitution  constitutes 
violence  against  women,  tend  to  penalise  buyers  of  sexual  services.  Some  Member  States  link 
prostitution  strongly  to  human  trafficking.  By  contrast,  other  Member  States'  legal  frameworks 
recognise  that  'sex  work'  is  a  voluntary  choice  for  certain  individuals.  Despite  the  legalisation  of 
prostitution in the majority of EU Member States, it is often subject to stringent regulation, including 
strict rules on soliciting and third-party involvement. Particular emphasis is placed on protecting 
victims of human trafficking, underage persons engaging in prostitution and individuals coerced into 
the  sex  industry.  As  a  result,  only  a  few  Member  States  formally  acknowledge  prostitution  as 
legitimate employment and provide comprehensive protections and rights for those engaging in it. 

In  21  EU  Member  States,  prostitution  is  legal,  albeit  with  various  degrees  of  regulation.  In  one 
Member State (Belgium), prostitution is not only legal, but is also not subject to specific regulation 
and third-party involvement has been decriminalised. In three Member States (Ireland, France and 
Sweden) it is illegal to buy sex, but not to sell it, as per the 'Nordic model'. Additionally, in one 
Member  State  (Croatia)  it  is  illegal  to  sell  sex,  but  legal  to  buy  it,  and  in  one  Member  State 
(Lithuania)  it  is  illegal  to  both  buy  and  sell  sex.  Sweden  was  the  first  country  in  the  world  to 
criminalise the purchase of sex (in 1999), while considering the sale of sex as legal. Although a Nordic 
country,  Finland  has  not  adopted  a  similar  approach,  however  buying  sexual  services  is  heavily 
restricted  under  Finnish  legislation.  The  criminalisation  of  individuals  buying  sex  in  France  and 
Ireland is relatively recent (2016 and 2017 respectively), with both countries having switched from a 
regime  where prostitution  was  legal.  The  relatively  recent  adoption  of  the  purchase  ban  and  the 
small number of EU Member States having done so make it difficult to evaluate the success of the 
new  legislation.  Among  the  countries  that  have  legalised  prostitution,  degrees  and  types  of 
regulation vary. Many have strict rules on where, when and how sexual services can be purchased, 
with several banning prostitution in public places. While some countries have outlawed brothels, 
some  allow  prostitution  only  in  state-licensed  brothels.  Pimping  and  living  off  another  person's 
earnings  from  prostitution  are  also  banned  in  several  countries.  Selling  the  services  of  underage 
persons  and  victims  of  human  trafficking  are  explicitly  banned.  Several  countries  also  explicitly 
mention  the  criminal  responsibility  of  clients  who  knowingly  purchase  services  under  these 
circumstances, and penalise them.  

Whereas the debate about prostitution and sex work in general is intense in some Member States, 
and has led to recent changes in legislation, in others there is little political debate on the matter. 

41 

In 2014, 560 non-governmental associations (NGOs) called on the Members of the European Parliament to reject the 
'Honeyball  report'  and  94  academics  signed  a  letter  of  critique,  denouncing  it  as  'seriously  biased'  and 
'methodologically flawed'. Likewise, in 2023, civil society networks and human rights organisations, grouped under 
the European Coalition on Sex Workers' Rights and Inclusion, addressed an open letter to the European Parliament in 
the context of the Parliament vote on the resolution, urging Members to vote against the Noichl report. The letter 
referred to an editorial published in the medical journal 'The Lancet' in June 2023 that endorsed 'decriminalisation of 
sex work'. By contrast, the European Women's Lobby – Europe's largest umbrella organisation of women's NGOs – 
strongly supported the 2014 resolution and called the 2023 resolution a 'victory for survivors'. 

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One example is Croatia, the only country in the EU where it is illegal to sell sex, but legal to buy it, 
resulting in individuals engaging in prostitution being overwhelmingly prosecuted and convicted, 
rather than those facilitating prostitution and other actors in the business. Experts and academics 
have attempted to change the current legislation, but no political action has resulted. Active political 
debate  resulted  in  recent  radical  changes  in  legislation  in  Belgium,  however,  which  completely 
decriminalised prostitution in 2022, becoming the only country in the EU to do so. The country also 
adopted a new labour law42 that envisages labour protection – including employment contracts – 
for  individuals  engaging  in  prostitution  and  provides  minimum  guarantees  of  safety,  health  and 
hygiene in the workplace. It is too early to draw any conclusions about the new legislation's success. 
Whereas some EU Member States have centralised regulation of prostitution, others (e.g. Austria, 
Germany, and the Netherlands) have devolved some regulations to regional or municipal level. This 
has  allowed  for  more  flexibility  based  on  the  situation  in  the  field,  but  has  also  resulted  in  less 
homogeneity at the national level. Despite the centralised system, research shows that police action 
differs from location to location in some Member States (e.g. Croatia).43 

The regulation of prostitution in the EU is changing. However, the majority of EU Member States 
share a common feature in showing some level of understanding for the situation of those engaging 
in  prostitution,  and  taking  care  not  to  create  additional  problems  for  them.  However,  means  to 
achieve a balanced regulation of prostitution differ. Research and statistics are key to evaluating the 
most  beneficial  course  of  action,  and  these  currently  remain  inadequate  to  draw  definitive 
conclusions. 

6.2. Selected EU Member States 

The following section contains in-depth information on 15 EU Member States: Austria, Belgium, 
Croatia, Finland, France, Germany, Greece, Ireland, Italy, Lithuania, Malta, Netherlands, Poland, 
Romania and Sweden. The selection was based on information collected on all EU Member States, 
the summary of which is contained in Table 1. The selection aims to give an insight into the variety 
of  legislative  frameworks  on  prostitution  in  the  EU,  with  special  attention  paid  to  geographical 
representation. The information was collected in January 2024 via a comparative country request 
sent to country expert colleagues in the European Parliamentary Research Service. 

42   Decriminalisation, UTSOPI (the Belgian Union of Sex Workers) website. 
43   Prva godina projekta Regulacija prostitucije u Hrvatskoj, 30 April 2020. 

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Table 1 – Legislative frameworks on prostitution in EU Member States 

Country 

Decriminalised 

Legal 

Illegal to buy sex 

Illegal to sell sex 

Illegal to buy and 
sell sex 

Austria 

Belgium 

Bulgaria 

Croatia 

Cyprus 

Czechia 

Denmark 

Estonia 

Finland 

France 

Germany 

Greece 

Hungary 

Ireland 

Italy 

Latvia 

Lithuania 

Luxembourg 

Malta 

Netherlands 

Poland 

Portugal 

Romania 

Slovakia 

Slovenia 

Spain 

Sweden 

Source: EPRS. 

11 

EPRS | European Parliamentary Research Service 

Austria 

Prostitution in Austria is legal and regulated. However, the regulation of sexual services in Austria is 
complex and heterogeneous, as rules are made both at federal and regional level.  

Federal  regulations  for  self-employed  persons  apply  to  individuals  engaging  in  prostitution 
regarding  taxation  or  social  security,  for  example.  In  addition,  specific  federal  provisions  require 
'persons engaging in prostitution' to register with local authorities and oblige them to undergo health 
checks every six weeks. Other federal laws with provisions on prostitution include the Aliens Act, 
the  Aliens  Police  Act  and  the  Austrian  Criminal  Code.  Part 10  of  the  Austrian  Criminal  Code  is 
dedicated  to  offences  against  sexual  integrity  and  self-determination  (Articles 201-220b)  and 
forbids  a  number  of  prostitution-related  activities,  including  recruiting  (Article 213),  enticing 
(Article 215),  and  aiding  and  abetting  (Article 216). Inducing  minors  to  perform  a sexual  act  on a 
perpetrator,  or  on  another  person  by  taking  advantage  of  their  circumstances  or  in  return  for 
payment is considered sexual abuse of minors (Article 207b) and is punishable by imprisonment of 
up to three years. Perpetrators of such abuse of minors are therefore liable to criminal prosecution. 

The Austrian Criminal Code also offers protection against sexual violence, and in particular against 
sexual  exploitation  in  prostitution.  Sections  § 104a  on  human  trafficking,  § 217  on  cross-border 
prostitution, and § 216 on pimping are the most pertinent. Article 104a states that people who are 
already involved in prostitution can also be victims, for example. The offence of human trafficking 
mainly  consists  of  the  perpetrator  inducing  the  victim  to  prostitution  in  a  foreign  country  or 
recruiting  them  for  this  purpose.  The  law  provides  for  a  penalty  of  six  months  to  five  years' 
imprisonment  for  human  trafficking  and  one  to  ten  years'  imprisonment  if  there  are  aggravating 
factors. On the regional level, Bundesländer legal acts contain specific provisions on where, when 
and  under  what  conditions  prostitution  might  take  place.  Not  all  Bundesländer  have  specific 
prostitution laws, as some regulate prostitution within the framework of their Provincial Police Acts. 
For example, the Bundesländer decide on age limits for the legal provision of sexual services, where 
street  prostitution  is  allowed,  what  requirements  must  be  met  for  the  licensing  of  brothels  or 
regarding  the  health  and  safety  standards  in  brothels.  No  recent  debates  have  taken  place  on 
changing  the  legislation  on  prostitution.  However,  the  2020-2024  government  programme44 
contains  several  references  to  combating  organised  crime,  including  human  trafficking.  The 
programme  speaks  of  introducing  tougher  penalties  for  perpetrators  and  increasing  support  for 
victims.  The  Austrian  Prostitution  Working  Group45  suggested  a  ban  on  promoting  risky  sexual 
behaviours  in  2008,  given  an  increase  in  demand for  unsafe  sexual  practices.  The  Upper  Austria 
Prostitution Act later incorporated this recommendation. In 2021, the Working Group recommended 
that  prostitution  be  regulated  at  federal  rather  than  regional  level,  to  align  the  legal  situation 
throughout Austria. 

44   Austria, 2020-2024 government programme. 
45   The  Arbeitsgruppe  Prostitution  was  founded  in  2009,  to  recommend  policies  pertaining  to  prostitution.  Its 
recommendations stem from the German national action plan against human trafficking. Under the direction of the 
Federal Ministry for Women's Affairs the Working Group has released a report outlining the state of the law and issues 
surrounding  prostitution  every  three  years  since  2012.  While  the  Prostitution  Working  Group's  proposals  are  not 
legally binding, the legislator will consider some of them. 

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Belgium 

In 2022, Belgium was the first country in Europe to decriminalise46 prostitution, ending decades of a 
policy of tolerance and offering recognition and protection to those engaging in it. Although both 
the  sale  and  purchase  of  sex  by  adults  has  never  been  illegal,  the  country's  policy  of  tolerance 
effectively made it very difficult47 to safely perform the job as those engaging in prostitution were 
often not entitled to social rights and services, and third-party services for such persons were illegal 
and suppliers liable to prosecution. 

Third-party activities related to self-employed persons engaging in prostitution were decriminalised 
when  the  law  changed  the  Belgian  criminal  code  with  regard  to  sexual  criminal  law  on 
21 March 2022,48  and  entered  into  force  on  1 June 2022.  Self-employed  individuals  engaging  in 
prostitution should no longer have trouble finding a landlord, banker, insurer, accountant, or lawyer, 
as these third parties can no longer be automatically accused of pimping or otherwise exploiting 
prostitution.  However,  if  an  element  of  abuse  exists  within  the  professional  relationship,  for 
example:  when  third  parties  charge  abnormally  high  fees  to  the  person  engaging  in  prostitution, 
make abnormally high profits by paying persons engaging in prostitution poorly, or by cutting costs 
by  employing  them  in  unhealthy,  unsanitary  workplaces,  or  if  they  demand  sexual  services  in 
exchange for the delivery of services; they are still liable to prosecution. If found guilty, they could 
face a prison sentence of between one and five years, and a fine of between €500 and €25°000 
(Criminal Code, Art. 433 quater/1).49 The 2022 law also provides50 a specific criminal law framework 
as  an  additional  guarantee  against  abuse  of  prostitution  of  adults  who  are  not  covered  by  the 
provisions on trafficking in human beings. According to Art. 433 quinquies,51, a victim of trafficking 
in human beings involved in crimes as a direct result of his or her exploitation incurs no punishment 
for these crimes. 

Furthermore, advertising sexual services is banned, except where it is for the provider's own services 
either through a window in a space designated for prostitution or through dedicated online or paper 
advertisement. Prostitution without consent remains illegal, and it is illegal for minors to pay for sex 
or to work in prostitution.  

A further step in the decriminalisation of prostitution is ongoing, in the form of a new labour law52 
envisaging  labour  protection  –  including  employment  contracts  –  for  individuals  engaging  in 
prostitution, and providing minimum guarantees on safety, health and hygiene in the workplace, and 
recognising certain forms of organisation of prostitution. 

According to a study by the National Bank of Belgium and the University of Leuven, prostitution in 
Belgium generated €840°million in turnover tax revenue53 in 2015, with the most important market 
segments  being  escort  and  prostitution  services  in  private  settings,  rather  than  the  more  visible 

46   Sekswerk, Federale Overheidsdienst Justitie website. 
47   G. Vermeulen, Y. Neelen, Van nu en straks: sekswerk Nood aan decriminalisering en sociaalrechtelijke diversificatie en 
flexibilisering (Decriminalisation and the need to offer social law perspectives to sex workers), Panopticon, 39 (4), 
314-326, 2018. 

48   Wet  houdende  wijzigingen  aan  het  Strafwetboek  met  betrekking  tot  het  seksueel  strafrecht,  Act  amending  the 

Criminal Code with regard to sexual criminal law, 2022. 

49   Code Penal, Dossiernummer: 1867-06-08/01 
50   Hervorming seksueel strafrecht, Team Justitie, 2021. 
51   Code Penal, Dossiernummer: 1867-06-08/01 
52   Decriminalisation, website of UTSOPI (the Belgian Union of Sex Workers). 
53   A new measure of the economic importance of prostitution in Belgium, press release of a study by the National Bank 

of Belgium and the University of Leuven, 2015. 

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forms of window or street prostitution. The federal police estimated 26°000 persons54 were actively 
engaging in prostitution in Belgium that same year. 

Croatia 

Prostitution in Croatia is regulated by the Act on misdemeanours against public peace and order.55 
Article 9  criminalises  prostitution  for  the  service  provider,  who  can  face  a  €20-100 fine,  or 
imprisonment  of  up  to  30 days.  Article 5  bans  hosting  prostitution  or  any  other  way  of  assisting 
prostitution,  and  Article 32  allows  prescription  of  compulsory  treatment  against  sexually 
transmitted infection or AIDS. Article 33 allows prostitution to be penalised by expulsion from the 
county where the misdemeanour occurred. The duration of the expulsion can be between 30 days 
and 6 months, and can be an independent measure or combined with imprisonment. Croatian law 
makes  no  mention  of  clients,  who  are  therefore  not  penalised  in  Croatia.  The  Croatian  Criminal 
Code56 regulates other issues relevant to prostitution. Article 106 prohibits human trafficking and 
forcing or tricking a person into prostitution, or other forms of sexual exploitation are penalised with 
prison sentences from 1 to 10 years. Those who knowingly use the services of a victim of human 
trafficking may incur the same sentence. Article 157 prohibits inciting and enabling prostitution, with 
a sentence of between 6 months to 5 years in prison. Forcing someone into prostitution is punished 
by imprisonment from 1 to 10 years. Advertising the prostitution of another person incurs a prison 
sentence up to three years. 

Although  there  is  academic  and  expert  significant  interest  in  reforming57  the  regulation  of 
prostitution in Croatia, no action has been taken at political level in recent years. The Ministry of the 
Interior suggested criminalising58 clients as well as those engaging in prostitution in 2012 and 2016, 
but this proposal was never discussed in the Parliament. Experts59 propose either the 'Nordic model' 
or legalisation/decriminalisation, with representatives from civil society more likely to advocate for 
the  more  liberal  models.  The  majority  of  information  on  prostitution  in  Croatia  stems  from  a 
comprehensive multi-year research project60 on prostitution in the country. This aimed to analyse 
the  current  policy,  legislation  and  judicial  practice  in  Croatia,  explore  the  experiences  of  those 
engaging in prostitution and create guidelines for policy makers. Research61 published in 2023 shows 
that penalties for service providers are mostly monetary and that recidivism is high. However, there 
is a noticeable downward trend in the number of registered misdemeanours, which might mean that 
street prostitution has almost disappeared in favour of other channels, affecting police discovery 
and  reporting.  Previous  research  results62  also  show  the  courts'  tendency  to  demand  monetary 
penalties, as well as to target individuals engaging in prostitution, rather than organisers. 

54   Stijgend aantal prostituees in België, De Standaard, 2015. 
55   Zakon o prekršajima protiv javnog reda i mira ('Narodne novine' br. 41/77, 47/89, 55/89, 5/90 – službeni pročišćeni 

tekst, 'Službeni list SFRJ' br. 83/89, 'Narodne novine' br. 47/90, 55/91, 29/94, 114/22, 47/23). 

56   Kazneni zakon ('Narodne novine' br. 125/11, 144/12, 56/15, 61/15, 101/17, 118/18, 126/19, 84/21, 114/22, 114/23). 
57   Regulacija prostitucije u Hrvatskoj – sažeci rezultata istraživanja – summary of a research project on the regulation of 

prostitution in Croatia, published in March 2023.  

58   Stručnjaci: U Hrvatskoj nužna promjena regulacije prostitucije, Ius-Info, 30 November 2021. 
59   R.Krnic,  M.  Adamovic  and  I.  Radacic,  Stavovi  stručnjaka/inja  o  politici  regulacije  prostitucije  u  Hrvatskoj,  Politicka 

misao, god.58, No 3, 2021. 

60   Projekt  'PROREG  Regulacija  prostitucije  u  Hrvatskoj',  website  on  the  project  on  the  regulation  of  prostitution  in 

Croatia.  

61   Prostitucija  u  Republici  Hrvatskoj  –  statistički  pokazatelji,  specifičnosti  i  trendovi,  Policija  i  sigurnost,  Vol.  32, 

No 2/2023, 2023.  

62   Prva godina projekta Regulacija prostitucije u Hrvatskoj, summary of the first year of the project on the regulation of 

prostitution in Croatia, April 2020.  

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Finland 

In Finland, prostitution is legal, but is heavily regulated. While the sale of sex is not a criminal offence, 
many activities related to prostitution are criminalised. These include purchasing sexual services, 
promoting  prostitution,  and  operating  a  brothel.  The  laws  seek  to  protect  those  involved  in 
prostitution and to prevent human trafficking and exploitation. Key aspects include: 

Purchasing sexual services: both sale and purchase of sexual services in public places (e.g., on the 
street, in a restaurant) is illegal, as is buying sex from persons under 18 years old or from someone 
who has been trafficked or procured. Offenders can face fines or imprisonment from six months 
(Abuse of a person subject to sex trade) to up to two years (Offering compensation for a sexual act 
to a young person).63 

Promoting prostitution: organising prostitution is illegal in Finland. This includes providing facilities, 
promoting  or  otherwise  accommodating  prostitution;  providing  persons  engaging  in  prostitution 
with contact information; tempting or recruiting people into prostitution or otherwise profiting from 
the  prostitution  of  another  person.  The  penalties  for  these  offenses  can  range  from  fines  to 
imprisonment for up to three years, and up to six years for aggravated pandering.64 

Human  trafficking: trafficking  of  individuals  for  the  purpose  of  sexual  exploitation  is  a  serious 
offence  in  Finland,  with  penalties  ranging  from  4  months  to  up  to  6  years  (trafficking  in  human 
beings) and from 2 to 10 years in prison (aggravated trafficking in human beings). Buying sexual 
services  from  someone  who  has  been  trafficked  or  procured  is  punishable,  as  is  buying  sexual 
services if there is reason to suspect that the person selling sexual services is the object of third-
party exploitation or the victim of trafficking in human beings.65 In addition, the Aliens Act66 has a 
separate  section  restricting  entry  by  persons  travelling  to  Finland  from  outside  the  EU  who  are 
suspected of obtaining income by selling sexual services. Persons engaging in prostitution in Finland 
are also required to pay tax67 on their income, and have access to the same social welfare services 
as other Finnish citizens. 

The political debate in the 1990s and early 2000s on whether or not to fully criminalise the purchase 
of sexual services led to a compromise provision banning the purchase of sex from victims of human 
trafficking in 2006 (see above: new Article 8, Criminal Code, Chapter 20, further amended in 2015). 
However, the focus has now shifted to the implementation of current legislation on prostitution and 
the efficiency of anti-human trafficking measures. Several reports, by Finland's Non-Discrimination 
Ombudsman and National Rapporteur on Human Trafficking,68 the Finnish Parliament69 and Finnish 

63   Public Order Act 612/2003; Section 7 (1), Finnish Criminal Code; Chapter 20 Sexual offences (8.7.2022/723); Sections 

8 (Abuse of a person subject to sex trade) and 9 (Offering compensation for a sexual act on a young person). 

64   Finnish  Criminal  Code,  Chapter  20  Sexual  offences  (8.7.2022/723),  Sections 10  (Pandering)  and  11  (Aggravated 

Pandering). 

65   Criminal Code, Chapter 25 Offences against personal liberty, Sections 3 Trafficking in human beings (9.7.2004/650) 
and 3a Aggravated trafficking in human beings (9.7.2004/650); Finnish Criminal Code, Chapter 20 Sexual offences 
(8.7.2022/723), Section 8 (Abuse of a person subject to sex trade). 

66   Aliens Act 301/2004 of 20 April 2004. 
67   Taxation,  information  provided  on  the  website  of  Pro-tukipiste,  an  organisation  founded  in  1990  to  promote  the 

inclusion and human rights of people working in the sex and erotic industry in Finland. 

68  Yhdenvertaisuus-valtuutetun  kertomus  eduskunnalle  2022,  report  of  the  Non-Discrimination  Ombudsman  to 

Parliament 2022. 

69   Eduskunnan  kirjelmä EK 52/2022  vp K  7/2022  vp -  Yhdenvertaisuusvaltuutetun  kertomus  eduskunnalle  2022, 
23.11.2023,  (Parliamentary  statement  EK  52/2022  vp  -  K7/2022  vp  Parliamentary  statement  of  23.11.2023  on  the 
quadrennial report of the Ombudsman for Non-Discrimination to the Parliament (2022)). 

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Ministry of Justice,70 underline the need to fully apply the compromise provision to protect victims 
of  the  sex  trade.  Under  Finland's  2019-2023  government,  a  survey  was  undertaken  to  map  the 
situation  of  vulnerable  groups  in  prostitution  other  than  victims  of sex  trade,  to  feed  into  future 
policy.71 The current government has not announced any specific initiatives on prostitution, but has 
committed to fighting human trafficking and continuing Finland’s gender equality policy. 

France 

Law no 2016-444,72 adopted on 13 April 2016 aimed at stepping up the fight against the prostitution 
system and supporting individuals engaging in prostitution. The law includes measures to deal with 
the  prostitution  system  in  its  entirety.  Under  this  law,  such  people  are  no  longer  criminals,  but 
victims of the prostitution system. This text contains a series of repressive, social and educational 
measures designed to: 

  step  up  the  fight  against  pimping,  by  extending  the  system  for  reporting  illegal 
content  on  the  internet  to  pimping  and  by  strengthening  measures  to  protect 
witnesses against criminal networks (Article 1);73 

  reinforce France's commitment to abolition by repealing the offence of soliciting (délit 
de  racolage),  recognising  persons  engaging  in  prostitution  as  victims  and  making 
clients liable with a new offence of sexual purchase, regardless of the age or situation 
of the person selling sexual services. According to the 2016 Law, 'the act of soliciting, 
accepting or obtaining sexual relations from a person who practices prostitution, even 
on an occasional basis, for remuneration, a promise of remuneration, a performance in 
kind or a promise of such an advantage is punished' with a fine of €1 500 (up to €3 750 
in  cases  of  recidivism).  According  to  Article  20,74  the  fine  is  €45 000  if  the  person 
engaging  in  prostitution  is  a  minor  or  is  vulnerable  (e.g.  due  to  illness,  infirmity, 
disability or pregnancy);  

  improve care for victims of prostitution, pimping or human trafficking for the purpose 
of exploitation, thanks to the creation of a pathway out of prostitution (Chapter II).75 
This  pathway  gives  access  to  support  from  an  approved  association,  a  temporary 
residence  permit  and  financial  assistance.  In  each  département,  a  commission  to 
combat prostitution is responsible for organising and coordinating action on behalf of 
victims of prostitution. Likewise, a 13 April 2022 instruction76 reiterates the need to 
finalise the setting up of commissions in each département to combat prostitution, 
procuring and human trafficking; and to open pathways out of prostitution; 

  provide  information  on  the  realities  of  prostitution  and  the  dangers  of  the 
commodification of the body in secondary schools to combat the trivialisation of the 
phenomenon among young people under 18 years old (Article 18);77 

70   Seksikaupan kohteena olevan henkilön hyväksikäyttö Säännöksen soveltamiskäytäntö, 2022 report of the Ministry of 

Justice on the exploitation of sex trafficking victims. 

71   Pääministeri Petteri Orpon hallituksen ohjelma, 20.6.2023 and Valtioneuvoston tiedonanto yhdenvertaisuuden, tasa-
arvon ja syrjimättömyyden edistämisestä suomalaisessa yhteiskunnassa, 31.8.2023 (PM Petteri Orponen government 
program, 20.6.2023 and Government statement on promoting equality and non-discrimination, 31.8.2023). 

72   LOI n° 2016-444 du 13 avril 2016 visant à renforcer la lutte contre le système prostitutionnel et à accompagner les 

personnes prostituées. 

73   Article 1, Loi n° 2016-444 du 13 avril 2016. 
74   Article 20, Loi n° 2016-444 du 13 avril 2016. 
75   Chapter II, Loi n° 2016-444 du 13 avril 2016. 
76  

INSTRUCTION N° DGCS/SDFE/DGEF/DIMM/2022/7 2022 du 13 avril 2022 relative à l'ouverture des droits dans le 
cadre du parcours de sortie de la prostitution et d'insertion sociale et professionnelle.  

77  Article 18, Loi n° 2016-444 du 13 avril 2016. 

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Regulation of prostitution in the European Union 

  prevent  sexually  transmitted  infections  and  other  health,  social  and  psychological 
risks  associated  with  prostitution  through  risk  reduction  measures  defined  in  a 
national reference document (Article 17).78 

Furthermore,  the  French  Criminal  Code  criminalises  human  trafficking  (Article  225-4-1).79  Under 
Article 225-580  pimping  is  punishable  by  seven  years'  imprisonment  and  a  fine  of  €150 000. 
Operating a brothel is also illegal (Article 225-10).81 These laws were adopted after intense debate,82 
and  major  political,  legal  and  media  controversy.83  After  an  'application  for  a  priority  preliminary 
ruling on the issue of constitutionality', the Constitutional Council declared that the law complies 
with the French Constitution (Decision no 2018-761 QPC of 1 February 2019).84 

Four years after the passing of the 2016 law, an assessment85 published by the Inspection Générale 
des Affaires Sociales, Inspection de l'Administration and Inspection de la Justice is highly critical. 
The shortcomings of the government's actions include the mixed results of criminalising the client, 
the random support provided to individuals engaging in prostitution and the increase in underage 
prostitution. In an opinion86 published on 19 May 2021, the Haut Conseil à l'égalité entre les femmes 
et  les  hommes  also  regretted  that  the 
law's  historic  promises  had  not  been 
sufficiently  implemented,  including  the 
proposed  public  awareness  campaign  to 
'deconstruct preconceived ideas and help 
people  understand 
the  violence  of 
prostitution.' The opinion also highlighted 
other 
the  uneven 
including 
criminalisation  of  buyers  of  sexual  acts 
across the country and prostitution's shift 
later,87  on 
to  the 
13 April 2022, the Haut Conseil noted the 
law was still not fully applied throughout 
France.  The  Haut  Conseil  was  also 
concerned that other state signatories to 
instruments  are  pursuing 
international 
policies  which, 
their 
sexual 
commitment,  encourage 
exploitation of women and open the door 
to criminal networks and trafficking. 

In  M.A.  and  Others  v  France,  261 men  and  women  who 
practice prostitution lawfully in France complained to the 
the 
European  Court  of  Human  Rights 
criminalisation  of  the  purchase  of  sexual  relations 
introduced  by  Law no 2016-444.  They  claimed  that  'the 
possibility of criminal proceedings being brought against 
into 
clients  pushes  those  engaging 
operating  in  a  clandestine  manner  and  in  isolation, 
exposes them to greater risks for their physical integrity 
and  lives,  and  affects  their  freedom  to  define  how  they 
live  their  private  lives.'  They  argued  that  the  legislation 
breaches  their  rights  under  Articles 2  (right  to  life), 
3 (prohibition  of  torture)  and  8 (right  to  respect  for 
private  and  family  life)  of  the  European  Convention  on 
Human  Rights.  The  Court  declared  the  applications 
admissible, but ruled unanimously that there had been no 
violation of the ECHR. 

M.  A.  and  Others  v  France,  European  Court  of  Human 
Rights. 

internet.  Six  years 

in  prostitution 

contrary 

issues, 

about 

the 

to 

78   Article 17, Loi n° 2016-444 du 13 avril 2016.  
79   Article 225-4-1, French Criminal Code.  
80   Article 225-5, French Criminal Code.  
81   Article 225-10, French Criminal Code. 
82   Les députés votent pour la pénalisation des clients de prostitués, Le Monde, 12 July 2015. 
83   F. Gil, La prostitution entre débats et lois, Cairn Info, 26 October 2017. 
84   Constitutional Council, Decision no 2018-761 question prioritaire de constitutionnalité (QPC) of 1 February 2019. 
85   Evaluation de la loi du 13 avril 2016 visant à renforcer la lutte contre le système prostitutionnel et à accompagner 

les personnes prostituées, 22 June 2020. 

86   Opinion of the High Council for Equality between women and men, 19 May 2021. 
87   Opinion of the High Council for Equality between women and men, 13 April 2022.  

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Germany 

Historically, prostitution in Germany was subject to varying degrees of criminal, administrative and 
civil  regulation.88  With  the Law  for  Combating  Venereal  Diseases  of  1927  and  the  accompanying 
changes to the German Penal Code of 1871 (as amended in 1876),89 voluntary prostitution was, in 
principle, decriminalised and became legal. Today, prostitution that violates statutory prohibitions 
such  as  a  restricted  area  ordinance  (Sperrbezirksverordnung)  and  prostitution  that  is  likely  to 
corrupt juveniles is punishable under Sections 184f and 184g of the German Criminal Code (GCC)90. 
In 2023, German Justice Minister Marco Buschmann announced plans to table a draft law that would 
qualify  the  violation  of  restricted  area  regulations  as  an  administrative  rather  than  a  criminal 
offence.91 This echoed a whitepaper issued by the Federal Ministry of Justice.92  

Additionally,  pimping,  human  trafficking,  forced  prostitution  and  the  exploitation  of  persons 
engaging in prostitution are punishable as offences under GCC Sections 180a, 181a, 232 and 232a.93 
In  2022,  police  authorities  at  Länder  and  federal  level  completed  505 investigations  into  human 
trafficking  and  exploitation,  of  which  346 related  to  sexual  exploitation.94  This  is  a  significant 
increase compared with 2021, when 291 investigations were completed (+18.9 %). Section 232a(6) 
of  the  GCC  penalises  negligent  engagement  in  transactions  for  sexual  services  with  victims  of 
human  trafficking  or  forced  prostitution.  It  is  sufficient  that  the  perpetrator  recklessly  fails  to 
recognise the individual is such a victim for a person to be liable. The liability threshold was lowered 
from requiring intent to encompassing acts of gross negligence when the 2021 GCC amendment95 
entered  into  application  in  October 2021.  This  reform  aimed  to  enhance  the  provision's  practical 
effect.  Recently,  the  main  political  opposition  began  advocating  for  the  adoption  of  the  'Nordic 
model'.96 Like the 2023 European Parliament resolution on the regulation of prostitution in the EU,97 
their main policy paper refers to a study98 the lead author of which is a member of the Nordic Model 
Alliance (Bündnis Nordisches Modell). The German Federal Government indicated it will not take a 

88   C.W. Mayer, Prostitution – unde venis, quo vadis?, Verlag Dr. Kovač, 2021.  
89   Despite the ban in principle, the German Criminal Code of 1871 equipped the police with discretion to permit and 

regulate prostitution. 

90   Sections 184f and 184g of the German Criminal Code as last amended on 22 November 2021. 
91   AHH/DPA, Buschmann hält nichts von generellem Sexkauf-Verbot, Der Spiegel, December, 2023. 
92   Federal Ministry of Justice, Eckpunkte des Bundesministeriums der Justiz zur Modernisierung des Strafgesetzbuchs, 

November 2023.  

93   Sections 180a, 181a, 232, 232a of the German Criminal Code as last amended on 22 November 2021. 
94   For more information, see BMFSFJ, The new Prostitute Protection Act, 2021. 
95   German Bundestag, Gesetz zur Änderung des Strafgesetzbuches - effektivere Bekämpfung von Nachstellungen und 
bessere Erfassung des Cyberstalkings sowie Verbesserung des strafrechtlichen Schutzes gegen Zwangsprostitution, 
Act amending the Criminal Code coming into force in October 2021. 

96   Christian Democratic Union/Christian Social Union (CDU/CSU) parliamentary group, Menschenunwürdige Zustände 

in der Prostitution beenden – Sexkauf bestrafen, November 2023. 

97   European Parliament resolution on the regulation of prostitution in the EU: its cross-border implications and impact 

on gender equality and women's rights, 14 September 2023. 

98   M. Farley, et al., Men who pay for sex in Germany, 2022. 

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position99  before  the  outcome  of  the  ongoing  evaluation100  of  the  Prostitute  Protection  Act.101  It 
appears that the Social Democrats have not yet found a common position.102  

In  civil  law  terms,  it  was  only  when  the  Prostitution  Act103  entered  into  application  in  2002  that 
contracts for sexual services were recognised as valid contracts and the judicial practice of nullifying 
such contracts was overturned. According to the Federal Ministry of Family Affairs, Senior Citizens, 
Women  and  Youth (BMFSFJ),  this  act  aimed  at  improving  the  legal  and social  situation  of  those 
engaging in prostitution and eliminating negative impacts of the invalidation of their contracts.104 
The  act  allows  those  engaging  in  prostitution  to  conclude  employment  contracts,  provide  their 
services on a freelance basis, and enforce their contracts. The Prostitute Protection Act entered into 
application  in  July 2017.  The  regulation  aims  to  provide  individuals  engaging  in  prostitution  with 
information about their rights and obligations and to encourage them to exercise their rights and 
seek help if they need it. The act makes it compulsory for people engaging in prostitution to register 
their  work,  requires  those  registered  to  attend  regular  health  counselling,  and  makes  the  use  of 
condoms compulsory.105 Of the 476 victims of sexual exploitation identified by the police in 2022, 
78 had registered an activity pursuant to this act.106 Reasons for most victims not being registered 
included that they were staying illegally in Germany, were underage, or pursued their activities in 
unlicensed or unauthorised establishments. Additionally, the COVID-19 induced ban on performing 
sexual services may have played a role. For 28 victims it was uncertain whether they had registered 
or not. Germany is a federal state, where the Länder are competent for enacting, interpreting and 
enforcing  legislation  in  certain  areas:  specific  regulations  (e.g.  area  restrictions  on  prostitution, 
taxation, and law enforcement) differ from Land to Land.  

Greece 

Prostitution in Greece has been legal and regulated since 1834. Attempts to legalise prostitution 
were  first  made  in  the  1800s,  with  the  aim  of  combating  the  spread  of  sexually  transmitted 
infections, such as a syphilis outbreak.107 Legislation around prostitution has gradually evolved since 
then until the current regulation came into force in 1999. 

Law  2734/1999108  linked  prostitution  to  employment  conditions.  The  legislation  set  strict 
requirements,109 which applied to anyone who wanted to work in the sex industry – nationals, EU 
citizens or migrants – with the exception of minors (under 18 years old). Applicants for a licence to 
practice prostitution must be unmarried, widowed or divorced. People engaging in prostitution must 
register at the local prefecture to obtain a personal license for three years, with compulsory health 

99   German Bundestag, Oral question in plenary on the Government's stance on the Nordic Model for prostitution, plenary 

minutes, March 2023, pp. 10370-10371. 

100   BMFSFJ, Gesetzliche Evaluation, August 2023; Kriminologische Forschungsinstitut Niedersachsen, Evaluation of the 

Prostitute Protection Act, accessed February 2024. 

101   Prostitute Protection Act, as last amended on 9 March 2021.  
102   A.-L. Ripperger, SPD-Politikerin: Unionsbeschluss für Sexkaufverbot ist richtig, FAZ, November 2023. 
103   Prostitution Act as amended on 21 October 2016. 
104   BMFSFJ, Report by the Federal Government on the Impact of the Act Regulating the Legal Situation of Prostitutes, 

2007, p. 9. 

105   Federal Criminal Police Office, Situation report on human trafficking and exploitation 2022. 
106   For more information, see BMFSFJ, The new Prostitute Protection Act, 2021. 
107   Section of proanakrisi.gr website with links to two legislative acts: Law 2734/1999 Persons issued for remuneration 

and other provisions, and Law 1193/1981 On venereal diseases protection and regulations.  

108   Law 2734/1999, Government Gazette A' 161/5.8.1999.  
109   How Sex Work Laws are Implemented on the Ground and Their Impact on Sex Workers: Greece Case Study, study 

from the Global Network of Sex Work Projects, 2019.  

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screenings  to  obtain  a  license  to  provide  sexual  services.  Licenses  for  non-Greek  individuals 
engaging in prostitution are valid for the same time as their residence permit,110 if valid for less than 
three years. Moreover, they must carry a medical card, regularly updated under law 1193/1981, as 
people engaging in prostitution are subject to a strict health-monitoring regime aimed at avoiding 
sexually transmitted infection. Persons engaging in prostitution must undergo regular testing for 
such infections (every 15 days), for syphilis (every month) and for HIV111 (every three months).  

According  to  Law  2734/1999,  sexual  services  are  only  allowed  within  state-licensed  brothels.112 
Moreover,  prostitution  is  not  permitted  in  buildings  within  a  radius  of  less  than  200 metres  of 
churches, schools, kindergartens, nurseries, day-care centres, nursing homes, youth centres, sports 
centres,  boarding  schools,  libraries  and  charitable  institutions,  as  well  as  distant  from  squares, 
playgrounds and other public buildings. Local authorities have the power to define the number of 
licences per municipality. Additionally, only one brothel is permitted per building. An apartment can 
be used as a brothel only with the owner's consent, plus that of all the other people living in the 
building. Specific requirements and licenses are also envisaged for brothel owners and for all the 
staff: for instance,113 maids must be aged over 50 years, possess valid residency documentation, and 
undergo  the  same  medical  examinations  as  those  engaging  in  prostitution.  However,  only  a  few 
licensed brothels114 are active in Greece, and they cover only a small percentage of the actual sex 
industry in the country. Although prostitution outside of state-licensed brothels is formally illegal, 
in practice those engaging are not prosecuted. 

The  criminalisation  approach  to  prostitution  is  governed  by  Act  2734/1999,115  as  amended  by 
Article 31 of Act 3904/10, pursuant to which the crime of engaging in prostitution may be punished 
by  a  fine  not  exceeding  €3 000.  Furthermore,  people  involved  in  violent  exploitation  of  sexual 
freedom and the promotion of prostitution face the relevant provisions116 of the Criminal Code, in 
particular Article 349 (pimping), Article 350 (exploitation of persons engaging in prostitution), and 
Article 351 (human trafficking). In addition, under Article 351, para. 3 of the Penal Code), clients face 
imprisonment of at least six months. Law 3064/2002117 and Presidential Decree 233/2003118 prohibit 
both  human  trafficking  and  forced  labour,  which  may  incur  prison  sentences  of  up  to  10 years. 
Furthermore,  under  Article 323A of  the  Criminal  Code  on  human  trafficking,119  the  concept  of 
exploitation  includes  obtaining  any  financial  benefit  from  sexual  acts  performed  by  a  victim. 
Perpetrators  face  financial  penalties  plus  imprisonment  between  at  least  3 and  10 years.  Anyone 

110   Website  of  the  Directory  of  Health  and  Social  Support  Services  for  Sex  Workers  in  Europe,  section  on  the  legal 

framework on sex work in Greece. 

111   UNAIDS urges Greek authorities to repeal Sanitary Decree, press statement, Geneva, 31 July 2013. 
112   Directory of Health and Social Support Services for Sex Workers in Europe, section on the legal framework in Greece 

on sex work. 

113   The differing EU Member States' regulations on prostitution and their cross-border implications on women's rights, 
Policy Department for Citizens' Rights and Constitutional Affairs, Directorate-General for Internal Policies, European 
Parliament, September 2021. 

114   How Sex Work Laws are Implemented on the Ground and Their Impact on Sex Workers: Greece Case Study, Global 

Network of Sex Work Projects, 2019. 

115   Answers to the questionnaire from the Chairman-Rapporteur of the Working Group to combat discrimination against 

women in law and in practice, Ministry of Justice, 2015. 

116   Answers to the questionnaire from the Chairman-Rapporteur of the Working Group to combat discrimination against 

women in law and in practice, Ministry of Justice, 2015. 

117  

Information and data on the issue of violence against women in Greece, Ministry of the Interior, Administration and 
Decentralisation, General Secretariat for Gender Equality, April 2005.  

Ibid. 

118  
119   Article 323A of the Criminal Code. 

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Regulation of prostitution in the European Union 

who  knowingly hires  a  victim  of  trafficking,  accepts  their  services  or  has  sexual  intercourse  with 
them may incur imprisonment of at least three years plus a fine. 

In May 2021, the Ministry of Social Affairs published the 2021-2025 national action plan for gender 
equality120. Action 1.4.3 calls for the review and update of Law 2734/1999. It also notes a working 
group has been set up in the Ministry of Citizen Protection. Moreover, the plan stresses the need to 
provide alternatives as a means of preventing 'survival sex', for instance by strengthening access to 
the labour market and development of voluntary vocational training programmes, apprenticeship 
and professional guidance programmes. 

In  the  public  debate  on  prostitution,  stakeholders  raise  a  series  of  issues121  in  the  Greek  legal 
framework defined by Law 2734/1999, and call for legislative change.122 Firstly, stakeholders stress 
that the legislation itself creates obstacles that lead to the illegality of prostitution, while in some 
cases it may also foster human trafficking instead of protecting those engaging in prostitution. The 
lack of regulation relevant to the digitisation of prostitution, together with several restrictions on 
the  functioning  of  brothels  and  the  ban  on  working  on  the  street  or  in  a  hotel,  impedes  the 
constitution of prostitution as a free and safe employment. In particular, the Greek HIV Association123 
has called for the law to be amended, as well as the complete legalisation of prostitution – without 
restriction – and the equalisation of the rights of persons engaging in prostitution with the rest of 
the working force. 

Ireland 

Prostitution in Ireland is covered by Part 4 of the Criminal Law (Sexual Offences) Act 2017,124 which 
amends the Criminal Law (Sexual Offences) Act 1993.125 Under this legislation, it is an offence to 
pay, promise to pay, or give any remuneration or compensation to another person in exchange for 
sexual activity. Sexual activity is described as any activity that a reasonable person would consider 
sexual, the law applies equally to men and women. Selling sexual services in Ireland is legal, it is not 
an offence to receive payment in exchange for sexual services, but it is an offence to advertise sexual 
services.  

It is against the law to profit from the provision of sexual services of another person or to control or 
direct  another's  activities.  It  is  also  against  the  law to  operate  a  brothel  or  allow  a  brothel  to  be 
operated in premises that you own or lease. People engaging in prostitution are also not allowed to 
work together in the same premises. For example, two such individuals sharing an apartment and 
providing sexual services there are operating a brothel under the law. If convicted of buying sexual 
services, an individual could be fined €500 for a first offence or €1 000 for a second or subsequent 
offence. However, under the 2017 Act, higher penalties apply if the person from whom the sexual 
service is bought is trafficked. If convicted in such circumstances, the maximum penalty is five years 
in prison, an unlimited fine, or both. It is however, a defence to prove that you did not know and had 
no reasonable grounds for believing the person was trafficked. 

120   National Action  Plan for Gender Equality 2021-2025, Ministry of Labour and Social Affairs, General Secretariat for 

Demography and Family Policy and Gender Equality, Athens, May 2021. 

121   Sex work is work, blog post, A. Karagianni, June 2023.  
122   List  of  ten  reasons  why  Greek  sex  worker  organisation  Red  Umbrella  Athens  advocates  for  legislative  reform  on 

prostitution in Greece. 

123   Positive Voice, website of an association of people living with HIV in Greece.  
124   Criminal Law (Sexual Offences) Act 2017. 
125   Criminal Law (Sexual Offences) Act 1993.  

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The  Department  of  Justice  in  Ireland  is  carrying  out  a review  of  the  section  of  the  Criminal  Law 
(Sexual Offences) Act 2017 that makes it an offence to buy sexual services. At the end of 2023, it 
invited expressions of interest126 to complete the review. The requirement for a review was a feature 
of the legislation itself, to assess its operation and impact on those most affected.  

In 2020 a study entitled 'Shifting the burden of criminality',127 analysed the Irish sex trade in relation 
to  law  reform,  conducted  by  the  sexual  exploitation  research  programme  at  University  College 
Dublin (UCD). The research was funded by the Department of Justice as part of the review of Part 4 
of  the  Criminal  Law  (Sexual  Offences)  Act  2017.  The  aim  of  the  study  was  to  provide  data  on 
commercial sexual services in the context of the 2017 changes in legislation. The study identified 
that those involved in prostitution, the vast majority of whom were female, experienced a wide range 
of vulnerabilities and risk factors. The report found that the 2017 Act had made a significant impact 
on  policing  the  sex  trade;  with  a  decline  in  women  prosecuted  under  brothel-keeping  laws.  It 
recommended  continued  training  in  law  enforcement  to  further  embed  the  shift  in  burden  of 
criminality on to the buyer.  

Another  study128  published  in  September  2020  by  Maynooth  University  researchers,  with  the 
support of the Irish Sex Worker Research Network and the Sex Workers Alliance Ireland (SWAI), 
which was commissioned by HIV Ireland, looked at the impact of the laws on the sale and purchase 
of sex arising from the Criminal Law (Sexual Offences) Act 2017. This report outlines the views of 
people engaging in prostitution on how to improve Ireland's existing legislative framework, including 
by ending criminalisation, and how to safeguard their health and wellbeing. The findings from this 
study  point  to  the  negative  impact  of  current  laws  on  the  abilities  of  individuals  engaging  in 
prostitution  to  keep  safe  and  reduce  harm  to  their  health  and  wellbeing,  in  line  with  mounting 
evidence from other jurisdictions where sex-buyer laws are in place. 

Italy 

The  law  in  Italy  has  not  changed  since  1958,  when  running  a  brothel,  renting  premises  for 
prostitution,  recruiting  people  to  engage  in  prostitution,  membership  of  or  association  with 
organisations exploiting people engaging in prostitution, and inducing people to move residence for 
prostitution were made illegal (Article 3 of Law no 75, the 'Merlin Law').129  

Sanctions  envisaged  in  these  cases  vary  between  fines  ranging  from  €258  to  €10 329  and 
imprisonment of two to six years. In addition, if the inducing/tolerance/facilitating takes place in 
venues  such  as  bars,  hotels,  clubs  etc.  (Article 3  of  Law 75/1958),  their  licence  may  also  be 
withdrawn. Harsher sanctions apply if the recruitment, inducing or exploitation for the purpose of 
prostitution involves minors (less than 18 years, Article 600bis of the Criminal Code). Therefore, the 
sale  or  purchase  of  sex  has  no  criminal  relevance  under  Italian  law  today,  as  opposed  to  the 
facilitation  and  exploitation  of  prostitution.  Street  prostitution  and  independent  prostitution  in 
private homes are therefore legal, but unregulated. The Supreme Court of Cassation decided sexual 
services are subject to taxation and that refusing to pay a person engaging in prostitution may entail 

126   Expressions of Interest to complete a review on the operation of section 7A of the Criminal Law (Sexual Offences) 

Act 1993, 10 October 2023. 

127   M. O'Connor and R. Breslin, Shifting the Burden of Criminality, Dr Monica O'Connor and Ruth Breslin: An analysis of 

the Irish sex trade in the context of prostitution law reform, 2020. 

128   K. McGarry and P. Ryan, Sex worker lives under the law: A community engaged study of access to health and justice 

in Ireland, 2020. 

129   Legge 20 febbraio 1958, no 75, Abolizione della regolamentazione della prostituzione e lotta contro lo sfruttamento 

della prostituzione altrui. 

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liability for rape.130 Moreover, the notion of 'exploitation of prostitution' is quite broad and includes 
the spontaneous transfer of revenues, without constriction, to the exploiter. According to a Supreme 
Court decision, this may include the behaviour of a spouse living from the income of their partner 
exercising prostitution (Judgment of the Supreme Court no 40841/2005). Similarly, the owner or 
manager of a hotel where a person engaging in prostitution remains with clients overnight could be 
criminally  liable  if  they  habitually  tolerate  such  conduct  (Judgment  of  the  Supreme  Court 
no 5457/2005). Renting premises to an individual engaging in prostitution is not criminally relevant 
as  such,  unless  the  owner  is  aware  of  the  activity  of  the  lessee,  which  might  entail  criminal 
responsibility. 

Italian municipalities may adopt local regulations issuing administrative fines against both buyers 
and people engaging in prostitution under Law 125/2008. Local mayors may only adopt provisions 
against prostitution in emergency cases and for a limited period of time.131 Article 601 of the Criminal 
Code132 concerns human trafficking133 (i.e. recruiting, bringing into the state or harbouring persons 
in the conditions of slavery to force them to engage in sexual activities). For this crime to occur, it is 
not necessary for the person to already suffer slavery, it is sufficient for an individual to be brought 
onto the national territory and subsequently induced to engage in sexual activities by deception or 
other  means.  The  discussion  on  how  to  deal  with  the  phenomenon  of  prostitution  resurges 
periodically in Italy, with legislative proposals based on very different premises. In 2022, a proposal134 
was submitted to the Senate aimed at introducing the 'Nordic model', by inter alia considering the 
client  criminally  liable.  A  2019  proposal135  intended  to  prohibit  prostitution  in  public  places  and 
restrict  it  on  private  property,  with  provisions  safeguarding  the  health  of  those  engaging  in 
prostitution. In 2016, it was proposed136 to criminalise clients of persons engaging in prostitution. 
Earlier, in 2013, it was proposed to recognise137 prostitution activity from a tax perspective, including 
the possibility to register with the Chamber of Commerce, regularly rent premises for the exercise 
of the activity without the owner risking criminal liability, and providing pension rights. 

Lithuania 

Prostitution  is  illegal  in  Lithuania.  Under  Article 487  of  the  Lithuanian  Code  of  Administrative 
Offences,138  both  the  activities  of  individuals  selling  sex  and  those  buying  it  constitute  an 
administrative offence. They are both punishable with a fine of between €90 and €140. If the offence 
is committed repeatedly, the fine rises to between €140 and €300. Both first-time and repeated 
offences may also incur an administrative sanction, such as an obligation to participate in alcoholism 
or drug addiction prevention programmes, healthcare and wellbeing or socialisation training, among 

Italian Constitutional Court (Judgment no 115/2011). 

130   Judgments no 20528/2010 and 10578/2011 and Judgment 8286/2010. 
131  
132   Article 601, Italian Criminal Code. 
133  
134   Atto Senato n. 2537 XVIII Legislatura Modifiche alla legge 20 febbraio 1958, n. 75, e altre disposizioni in materia di 
abolizione della prostituzione, amendments to Law No 75 of 20 February 1958 and other provisions on the abolition 
of prostitution, 2022. 

Italian Chamber of Deputies, Human trafficking. 

135   Atto Senato n. 1047 XVIII Legislatura Disposizioni in materia di disciplina dell'esercizio della prostituzione, Provisions 

governing the exercise of prostitution, 2019. 

136   Atto  Senato  n.  2563  XVII  Legislatura  Modifica  all'articolo  3  della  legge  20  febbraio  1958,  n.  75,  concernente 
l'introduzione  di  sanzioni  per  chi  si  avvale  delle  prestazioni  sessuali  di  soggetti  che  esercitano  la  prostituzione, 
Amendment to Article 3 of Law No 75 of 20 February 1958 on the introduction of penalties for those who use the 
sexual services of persons engaging in prostitution, 2016.  

137   Atto Senato n. 1201 XVII Legislatura Regolamentazione del fenomeno della prostituzione, Regulation of prostitution, 

2013.  

138  Lithuanian Code of Administrative Offences, No 2015-11216. 

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other initiatives. However, in several specific cases, the person engaging in prostitution is exempt 
from administrative responsibility. In particular, those engaging in prostitution by means of physical 
or mental coercion or deception, or materially, service or otherwise dependent individuals, are not 
punished. In addition, minors, regardless of how they are induced into prostitution, and recognised 
human-trafficking victims, are exempt.  

In certain cases, involvement in prostitution activities may also constitute a criminal offence. The 
Criminal Code139 of the Republic of Lithuania states that profiting from another person's prostitution 
(Article 307) and engagement of a person in prostitution (Article 308) are crimes and can incur a 
fine,  restriction  of  liberty,  arrest  or  imprisonment.  Under  Article 307,  generating  income  from 
another person's prostitution is punishable by a fine, restriction of liberty, arrest, or imprisonment 
for up to four years. The organisation or management of prostitution or transportation of a person, 
with the latter's consent, to or from the Republic of Lithuania incurs imprisonment of up to six years. 
Organising,  managing  or  otherwise  profiting  from  the  prostitution  of  a  minor  is  punished  by 
imprisonment from 3 to 10 years. Under Article 308, introduction of a person into prostitution is a 
criminal offence incurring a fine, restriction of liberty, arrest, or imprisonment of up to three years. 
If coercion or deception is used, or a materially, service or otherwise dependent person is involved, 
the offence results in imprisonment from two to seven years. The recruitment or inducing of a minor 
by  any  means  incurs  imprisonment  between  3  to  10 years.  In  addition,  under  Article 147  of  the 
Criminal Code, human trafficking for commercial sexual exploitation would result in imprisonment 
of between 2 and 10 years, or between 4 and 12 years if the offence concerns two or more victims. 
In the same vein, using a service when knowing or 'being able to know' that the person engaging in 
prostitution  is  constrained  by  physical  violence,  threat,  fraud  or  other  acts  of  exploitation,  could 
incur restriction of liberty, or arrest, or imprisonment for up to two years. However, the exemption 
from criminal liability under Article 147 could be applied for those, who, before being identified as a 
suspect,  voluntarily  report  the  incident  to  and  actively  cooperate  with  the  law  enforcement 
authority.  Finally,  under  Article 151(1),  having  sexual  intercourse  or  otherwise  satisfying  sexual 
activity with a minor after offering, promising or giving monetary or other form of remuneration (but 
in the absence of rape or coercion), can incur a public service penalty, a fine, restriction of liberty, 
arrest, or imprisonment for up to five years. 

In  2014,  arguing  that  the  current  law  contributes  to  the  stigmatisation  of  those  engaging  in 
prostitution, the perpetration of sexist views of women, and incites further violence against women, 
the  Parliament  of  Lithuania  adopted  resolution  no XII-1464140  on  criminal  liability  for  purchasing 
sexual services. In line with the 'Nordic model', this offered to punish only buyers of sexual services, 
rather than those engaging in prostitution. The resolution proposed that the government prepare 
relevant amendments to the law; however, no action was taken. In 2019, the Parliament followed up 
with  the  proposed  amendments  to  the  Criminal Code  and  the  Code of  Administrative  Offences, 
which provided, on one hand, for administrative liability 141 for the provision of sexual services to be 
abolished, and for punishment of buyers to be reinforced, by introducing criminal liability142 on the 
other. According to the project, seeking or using sexual services would constitute a criminal offence 
punishable  by  a  fine  between €750  and €2 500,  or arrest  and  detention  from  10 to  45 days.  The 
Human Rights Committee of the Parliament approved143 the proposals, underlining the need to de-

139   The Criminal Code of the Republic of Lithuania, No 1001010ISTAIII-1968. 
140   Parliament resolution no. XII-1464 on criminal liability for purchasing sexual services, 2014.  
141   Repeal of Section 487 of the Code of Administrative Offenses, 2019.  
142  The bill to supplement the Criminal Code with Article 147(3), 2019. 
143   Human Rights Committee supports the criminalisation of the use of remunerated sexual services, press release of 

30 April 2020. 

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victimise those engaging in prostitution and facilitate their access to assistance and justice, as well 
as  the need  to  reduce  the  demand  for  sexual services.  However,  the  government  rejected144  the 
proposals, explaining that the proposed measures would not be effective, proportionate or rational. 
Instead,  the  government  suggested145  making  better  use  of  the  existing  legal  measures,  and 
considering increasing the administrative fines for purchasing sexual services. 

Malta 

Prostitution  of  adults  in  Malta  is  generally  not  criminalised,  except  for  certain  aspects.  The  main 
legislation  regarding  prostitution  is  Chapter 63146  of  the  Laws  of  Malta,  the  1930  White  Slave 
(Suppression) Ordinance. Under the legislation it is a crime, inter alia, to:  

  live off the earnings of prostitution of another person (Article 7(1)) – if that person is 
an  adult,  punishment  is  imprisonment  of  maximum  two  years  and  if  that  person  is 
under 18 years old, punishment is between 18 months to 4 years imprisonment; 
  loiter or solicit for the purposes of prostitution (Article 7(2)) – maximum punishment 

is six months in prison; 

  keep or manage a brothel (Article 8) – punishment is maximum imprisonment of two 

years and a fine not exceeding €465.87; 

  let or permit the use of a house or other premises for the purposes of prostitution 

(Article 10) – punishment is imprisonment between one to six months. 

The  Criminal  Code147  prohibits  someone  from  forcing,  deceiving  or  manipulating  someone  into 
prostitution. Article 197(3) punishes compelling to prostitution by violence or threats and inducing 
to prostitution by deceit of a descendant or spouse of age with imprisonment from three to six years. 
Under Article 205, the inducing of persons of age to prostitution by violence or deceit is punishable 
by  three  to  seven  years  of  imprisonment.  Abuse  of  authority,  of  trust  or  of  domestic  relations, 
including if it is committed habitually or for gain, is punishable by imprisonment between four to 
nine years. Forced prostitution falls under the category of crimes against humanity under Article 54C 
of  the  Criminal  Code.  Trafficking  a  person  of  age  for  the  purpose  of  exploiting  that  person  in 
prostitution is punished by 6 to 12 years in prison (Article 248B of the Criminal Code). However, 
Maltese law does not criminalise clients of adults engaging in prostitution, even if they are victims 
of human trafficking. 

Child prostitution is considered an unlawful sexual activity (Article 204 of the Criminal Code), as is 
inducing of a child to prostitution, which is punishable by imprisonment between three to six years 
(6 to  9 years  if  the  child  is  under  12 years  of  age  and  6  to  12 years  if  threats  or  force  are  used). 
Participating  in  sexual  activities  with  a  person  under  age,  where  recourse  is  made  to  child 
prostitution, is punishable by imprisonment of five to ten years. Recruiting, engaging, exploiting or 
living off the profits of the prostitution of an underage person is illegal (Article 204B) and punishable 
by  5 to  10 years  imprisonment  (in  certain  cases  6  to  12 years).  The  Civil  Code148  of  Malta  is  also 
relevant to prostitution. Article 1618 allows for the automatic termination of rent if it is determined 
that the rental location is being used for prostitution, and Article 623 holds that a descendant can 

144 

Iš gerosios praktikos Lietuva mokytis nenori: sekso paslaugų pirkėjai gali ir toliau ramiai miegoti, 2020 (article in LRT.lt, 
unofficial  English  translation:  Lithuania  does  not  want  to  learn  from  good  practice:  buyers  of  sexual  services  can 
continue to sleep peacefully). 

145  On  the  repeal  of  draft  law  No XIIIP-4099  of  the Supplement  to the  Criminal  Code  of  the  Republic  of  Lithuania  by 

Article 147-3 and Article 487 of the Code of Administrative Offenses of the Republic of Lithuania, 2021. 

146   White Slave Traffic (Suppression) Ordinance, Chapter 63 of the Laws of Malta. 
147   Criminal Code, Chapter 9 of the Laws of Malta. 
148   Civil Code, Chapter 16 of the Laws of Malta.  

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be disinherited if engaged in prostitution. In 2019, the Maltese government initiated discussion on a 
prostitution  reform  via  public  consultation149  to  gather  feedback  from  governmental  and  non-
governmental  experts  working  in  the  field.  The  Malta  Women's  Lobby150  and  the  National 
Commission for the Promotion of Equality (NCPE),151 among others, have taken a position in favour 
of the decriminalisation of prostitution coupled with the penalisation of sex buyers.  

The Netherlands 

Prostitution is legal and regulated since 2000, when the general ban on brothels and pimping was 
abolished.152 A distinction is made between forced prostitution, punished under Article 273f(1)(3) of 
the Criminal Code,153 and voluntary prostitution, which has been regulated. Since 1 January 2022, 
with the introduction of Article 273g of the Criminal Code,154 clients who have full knowledge or who 
have grounds to believe that they are purchasing the services of a victim of human trafficking can 
be punished with up to four years' imprisonment or a fine of the 'fourth category' (up to €25.750).155 

Regulation  of  the  sex  market  is  decentralised.  In  accordance  with  the  Municipalities  Act,  local 
authorities can adopt by-laws concerning prostitution in their respective municipalities (Articles 149 
and 151a of the Municipalities Act).156 Chapter 3 of the model General Municipal By-Law,157 created 
by  the  Dutch  Association  of  Municipalities  (followed  by  several  local  authorities),  contains  rules 
governing  prostitution,  such  as  licensing  requirements.  Because  many  municipalities  have  based 
their own by-laws on this model, there is considerable overlap in the municipal by-laws across the 
country. In general, brothels are required to obtain a licence and to comply with safety, sanitation, 
fiscal accountability and health regulations. Outdoor prostitution is restricted to designated areas 
known as tippelzonen. Since the legalisation of prostitution in 2000, several bills have been proposed 
to reform the system, seeking to address issues such as forced prostitution and sexual exploitation. 

Although still pending, the draft law on sex work first proposed in 2009 and later amended in 2014 
and  2021  (Wet  regulering  sekswerk)158  proposes  a  centralised  licensing  system.  The  proposal 
furthermore states that applicants for prostitution licences need to be at least 21 years old (de facto 
raising the age limit) and be a legal resident. The proposed law would also introduce an article in the 
Criminal  Code  criminalising  clients  buying  services  from  unlicensed  individuals.  This  bill  is  still 
pending. In January 2021, the Dutch Council of State issued a negative recommendation159 on the 
bill.  It  considered  that  the  licensing system  would  set  a  high  barrier  to  practising  the  profession 
legally,  which  could  lead  to  an  increase  in  illegal  prostitution.  It  therefore  considered  that  the 

149   An Initiative to Combat Trafficking in Human beings, Project Management & Communication Plan, Ministry of Home 

Affairs, Security, Reforms and Equality, 2022. 

150   Buying of sex should be outlawed and penalised – Malta Women's Lobby, Malta Independent online, 2023. 
151   A human rights approach to the prostitution reform entails the penalisation of sex-buying, press statement from the 

National Commission for the Promotion of Equality, 2020. 

152   Wet van 28 oktober 1999 tot wijziging van het Wetboek van Strafrecht, enige andere wetboeken en enige wetten 

(opheffing algemeen bordeelverbod), Official Gazette of the Kingdom of Netherlands, published 9 November 1999. 

153   Wetboek van Strafrecht (Criminal Code), Article 273f.  
154   Wetboek van Strafrecht (Criminal Code), Article 273g.  
155   Hoe hoog zijn de boetes in Nederland? (How high are the fines in the Netherlands?), website of the Government of 

the Netherlands. 

156   Gemeentewet (Municipalities Act)  
157   Algemene plaatselijke verordening (General Municipal By-Law) 
158   Wet regulering sekswerk, webpage of the Bill Regulation of Sex Work at Tweede Kamer (House of Representatives) 
159   Opinion of the Council of State on the Bill Regulation of Sex Work  

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licensing  system  could  achieve  the  opposite  of  the  bill's  intention.  A  study,160  published  by  the 
Scientific Research and Documentation Centre (WODC) of the Ministry of Justice in 2022, came to 
a similar conclusion but those involved also showed more understanding for a licensing requirement 
for companies. This study also concluded that a '(partial) criminalisation deteriorates the position 
and  working  conditions  of  sex  workers'  and  that  there  is  little  evidence  that  such  criminalisation 
would lead to a fall in demand. Moreover, the study found that the effects of various policy variants 
are not so much determined by the variant chosen, 'but much more by individual measures, the way 
these  measures  are  implemented,  and  the  extent  to  which  they  are  being  enforced.'  It  also 
considered that little empirical research has been conducted on some of the policy variants.  

Poland 

In Poland, the sale and purchase of sex are legal but not subject to specific regulation. By contrast, 
various forms of third-party involvement are criminalised under Articles 203 and 204 of the Polish 
Criminal Code.161 Moreover, the Code of Misdemeanours prohibits soliciting under penalty of arrest, 
restriction  of  liberty  or  a  fine.162  Whereas  brothels  in  Poland  are  officially  registered  as  escort 
agencies, implying that they do not offer sexual services, it is widely known that they do provide 
such  services.163  Human  trafficking  is  defined  in  legislation  and  punished  by  imprisonment  of 
between 3 and 20 years (Article 189a of the Criminal Code). However, the knowing use of services 
of human-trafficking victims is not criminalised. 

The regime in place has been in operation since 1952, when Poland ratified the UN Convention for 
the  Suppression  of  the  Traffic  in  Persons  and  of  the  Exploitation  of  the  Prostitution  of  Others. 
However,  discussions,  held  mostly  within  academic  circles,  have called  into  question  some  of  its 
aspects. Whereas some commentators highlight the diversity of approaches adopted by other EU 
Member States, there seems to be no substantial support for one specific model.164 

Taxing income generated by prostitution is one focus in the prostitution discourse. The Supreme 
Administrative  Court  (NSA)  and  tax  offices  throughout  the  country  have  examined  this  issue.165 
Under legal provisions on personal income tax, it is not possible for revenues to be derived from 
activities  that  cannot  be  the  subject  of  a  legally  effective  contract.166  In  practice,  this  had  been 
exploited by persons unable to demonstrate the source of their revenues, claiming these revenues 
originated from prostitution and were thus untaxable.167 However, the NSA ruled that the taxpayer 
needs to present facts and evidence substantiating such claims.168 Whereas some commentators 

160   De aard en effecten van prostitutiebeleid, study on prostitution by the Scientific Research and Documentation Centre 

of the Ministry of Justice, 2022.  

161   Ustawa z dnia 6 czerwca 1997 r. – Kodeks karny, Dz.U. 1997 nr 88 poz. 553 (Act of 6 June, 1997 – Criminal Code, 

Journal of Laws 1997, No 88, item 553).  

162   Ustawa z dnia 20 maja 1971 r.  – Kodeks wykroczeń, Dz.U. 1971 nr 12 poz. 114 (Act of 20 May  20, 1971 – Code of 

Misdemeanors, Journal of Laws 1971 No 12, item 114), Article 142. 

163   A. Weatherburn, Z. Lasocik, Ł. Wieczorek, K. Rejmer-Jobczyk, and P. De Hert (Ed.), op. cit., p. 36. 
164  

Ibid., pp. 29-30; The report stated there was no active ongoing discussion around prostitution among Polish politicians 
and policy makers and that the debate was insufficient to promote a certain legislative model, a statement that still 
appears to be true. 

165  

Individual tax interpretations related to the taxation of prostitution can be found in the customs and tax interpretation 
system available at https://eureka.mf.gov.pl/. 

166   Ustawa z dnia 26 lipca 1991 r. o podatku dochodowym od osób fizycznych, Dz.U. 1991 nr 80 poz. 350 (Act of 26 July 

1991, on Personal Income Tax, Journal of Laws 1991, No 80, item 350), Article 2. 

167   M. Kowalewska-Łukuć, Prostytucja i czerpanie z niej korzyści majątkowych – analiza prawnoporównawcza, Instytut 

Wymiaru Sprawiedliwości, p 21. 

168  Wyrok Naczelnego Sądu Administracyjnego z dnia 12 lipca 2018 r. w sprawie II FSK 2135/1 (Judgment of the Supreme 

Administrative Court of 12 July 2018 in case II FSK 2135/1). 

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have called for a change to the law to allow taxation of income derived from prostitution, critics 
argue that Article 204 in the Polish Criminal Code (which criminalises the act of deriving financial 
benefits from another person's prostitution), prevent this.169  

The  concept  of  'virtual  prostitution',  encompassing  activities  such  as  webcamming,  is  another 
debated element, with uncertainty regarding the application of criminal law provisions to such forms 
of prostitution.170 In 2021, a notable case emerged involving arguably the most popular website for 
sexual advertisements in the country, shedding light on a more general issue of the limited instances 
of bringing criminal charges related to prostitution offences.171 The media discourse in Poland tends 
to centre on the social acceptability of 'sex work' and the concerns about the untaxed nature of such 
services. 

Romania 

In Romania, prostitution has recently become legal, but soliciting in public spaces remains subject 
to a fine. Prostitution is not regulated as a profession. The new Criminal Code,172 which entered into 
force in 2014, removes the practice of prostitution from the criminal offences. However, according 
to a 1991 law (no 61/1991),173 still in force, soliciting in public spaces remains subject to a fine of 
between RON500 and RON1 500 (€100 to €300). According to Article 2(6), 'the luring of persons in 
any form whatsoever on food and drink premises, parks, streets or in other public places to engage 
in sexual intercourse in order to obtain a material gain, as well as encouraging or inducing, for the 
same purpose, a person to commit such acts', is a contravention subject to the fine described above. 

The Criminal Code continues to criminalise certain acts related to exploitative forms of prostitution. 
It  defines  sexual  exploitation  in  Article 182(c)  as  'compelling  someone  to  engage  in  prostitution, 
pornographic  performances  with  a  view  to  the  production  and  dissemination  of  pornographic 
material or in other forms of sexual exploitation'. Under the legislation, clients of persons engaging 
in prostitution who are aware that these are victims of human trafficking can be subject to a prison 
term of six months to three years, or a fine (Article 216). Clients of minors engaging in prostitution 
face imprisonment of three months to two years, or a fine (Article 216.1). Pimping risks imprisonment 
of 2 to 7 years, or 3 to 10 years if the perpetrator uses force to coerce the victim (Article 213). 

The current status of prostitution in Romania remains a topic of public debate. Individuals engaging 
in prostitution soliciting in public spaces are sometimes subject to the fines provided for in the 1991 
law. This can lead to an unmanageable debt burden.174 Because such people have no formal revenue 
and often own no property that could be confiscated, the law states they can be required to provide 
community  work175  as  an  alternative  punishment  to  fines.  Politicians  have  called176  to  regulate 
prostitution. A 2010 legislative proposal177 to regulate prostitution tabled in parliament was rejected. 

169   M. Kowalewska-Łukuć, op. cit., pp. 73-74. 
170   M. Kowalewska-Łukuć, Prostytucja, usługi seksualne i przestępstwa okołoprostytucyjne w prawie karnym – próba 

uporządkowania pojęć, Prawo w Działaniu, 51/2022, pp. 101-103. 

171   Seksbiznes w Polsce ciągle w szarej strefie. Prawo go nie widzi, W. Ziomek,2021 available at: www.finanse.pl  
172   CODUL PENAL din 17 iulie 2009, MONITORUL OFICIAL nr. 510 din 24 iulie 2009. 
173   LEGE Nr. 61 din 27 septembrie 1991 pentru sancţionarea faptelor de încălcare a unor norme de convieţuire socială, a 

ordinii şi liniştii publice, MONITORUL OFICIAL NR. 196 din 27 septembrie 1991.  

174   BAIA MARE. Prostituate datornice la stat. Una a strâns amenzi de 162.775 lei, ZiarMaramures, 2023.  
175   O prostituată care a acumulat datorii uriaşe din amenzi, obligată să presteze muncă în folosul comunităţii, adevărul.ro, 

2021.  

176   Such  as  from  former  president  Băsescu;  see  Traian  Băsescupropune  legalizarea  prostituţiei  în  România  pentru 

diminuarea traficului de persoane, mediafax.ro, 2019. 

177   Silviu Prigoană a depus la Parlament o propunere legislativă privind legalizarea prostituţiei, mediafax.ro, 2010. 

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Arguments in favour of regulation have pointed to the alleged public-health and fiscal benefits, as 
well as to the expected positive impact in terms of reducing human trafficking. However, these are 
met with strong opposition from churches178 and conservative civil society associations.179 Human 
trafficking is a serious issue180 in the context of prostitution in Romania. The National Agency for 
Fighting  Human  Trafficking  estimates  that  in  2022,181  80 %  of  victims  of  human  trafficking  were 
women, and at least 60 % were sexually exploited. Roughly half of the victims were minors. 

Sweden 

As previously noted, Sweden is the first country in the world to have outlawed the purchase of sexual 
services. In contrast, Sweden does not prohibit the provision of sexual services. The 'Swedish' or 
'Nordic  model'  is  based  on  the  understanding  that  as  the  majority  of  prostitution  involves  male 
buyers  of  sexual  services  provided  by  females,  such  transactions  constitute  a  form  of  violence 
against  women.  Legislation  is  one  component  of  a  broader  framework  that  includes  policy 
instruments and services implemented within the unique context of Sweden. 

After nearly three decades of activism, Sweden criminalised purchasing sex through the 1999 Law 
on the Prohibition of the Purchase of Sexual Services (the Sex Purchase Act – Sexköpslagen). Under 
the act, paying for sexual services is punishable with fines or imprisonment of up to six months. In 
2005, the law was integrated in Chapter 6 ('On sexual offences') of the Swedish Criminal Code.182 In 
2011, the Criminal Code was amended to extend the maximum imprisonment sentence to one year. 
Additionally, a 2022 amendment removed the option of imposing fines, specifying that the offence 
must invariably result in a prison sentence of up to one year.183 Chapter 6 also criminalises third-
party activities such as pimping, procuring, living off immoral earnings and brothel-keeping. Swedish 
gender equality policy aims at ending male violence against women, and combating prostitution and 
human  trafficking  are  important  aspects.  Although  Chapter  6  of  the  Criminal  Code  does  not 
expressly mention human trafficking, reducing demand for purchasing sexual services is assumed to 
act as an anti-trafficking measure. The Swedish Equality Agency has emphasised the link between 
prostitution and human trafficking, describing them as 'clearly intertwined' issues that 'cannot be 
viewed as two entirely separated phenomena'.184 In 2018, the Swedish Government addressed both 
in a national action plan to combat prostitution and human trafficking.185 The two issues are also 
mentioned  in  the  2017-2026  national  strategy  to  prevent  and  combat  men's  violence  against 
women.186 

Debate continues in Sweden regarding the effectiveness of the 1999 Sex Purchase Act. The Swedish 
government conducted an evaluation in 2010, which concluded that the criminalisation of purchasing 
sexual services had succeeded in preventing and combating prostitution and human trafficking. It 
credited the act with an over 50 % fall in street prostitution since 1995, a 50 % fall in demand for 

178   Biserica împotriva prostituţiei şi drogurilor uşoare, Radio România Actualităţi, 2009. 
179   antiprostitutie.ro is an information website militating against prostitution and its legalisation. 
180   Fețele ascunse ale traficului de persoane din România. Patru povești cutremurătoare și o statistică, 2022.  
181   Analiză succintă privind victimele traficului de persoane identificate în anul 2022, National Agency for Fighting Human 

Trafficking. 

182   Brottsbalk (1962:700), 6 kap. Om sexualbrott, 11 §. 
183   Lag om ändring i brottsbalken, 2022. 
184   Prostitution policy in Sweden – Targeting Demand, Swedish Gender Equality Agency, 2022, last updated in April 2023, 

p. 16. 

185   Handlingsplan mot prostitution och människohandel, 2018. 
186   Nationell strategi för att förebygga och bekämpa mäns våld mot kvinnor'; for description in English see Sweden's work 

to combat men's violence against women, Government Offices of Sweden, January 2023. 

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EPRS | European Parliamentary Research Service 

sexual services and deterring human-trafficking networks. Furthermore, the act was credited for a 
change of attitude in society, with the population mostly in favour of the purchase prohibition.187 
However, the 2010 evaluation was criticised by public institutions and academics, questioning these 
claims.188 For example, the Ombudsman for Discrimination and the National Board of Health and 
Welfare questioned the evaluation's methodology and sources and considered its conclusions as too 
far-reaching with respect to the Act's efficacy.189 In 2021, the Gender Equality Agency concluded a 
mapping of prostitution and human trafficking. Results showed that while street prostitution had 
continued to decline in several cities, the number of websites marketing the sale of sexual services 
had increased since a national survey conducted in 2014.190 

187   Swedish Government Report (2010), Evaluation of the Prohibition of the Purchase of Sexual Services 1999-2008. See 
also Swedish Gender Equality Agency, 2022, op. cit. p. 8. See however Ch. Holmström and M-L. Skilbrei, The Swedish 
Sex  Purchase  Act:  Where  Does  it  Stand?,  Oslo  Law  Review,  vol.  4  issue  2,  2017,  pp.  91-92  for  a  more  nuanced 
assessment of public opinion on the act.  

188   See e.g. J. Levy and P. Jakobsson, Sweden's abolitionist discourse and law: Effects on the dynamics of Swedish sex 
work and on the lives of Sweden's sex workers, Criminology & Criminal Justice, vol. 14(5), 2014; Ch. Holmström and 
M-L. Skilbrei, op. cit.; N. Vuolajärvi, Governing in the Name of Caring—the Nordic Model of Prostitution and Its Punitive 
Consequences for Migrants Who Sell Sex, Sexuality research & social policy 16.2, 2019. For a different outlook, see G. 
Ekberg, The Swedish Law that Prohibits the Purchase of Sexual Services: Best Practices for Prevention of Prostitution 
and Trafficking in Human Beings, Violence against women, vol.10, 2004. 

189   Sexual Exploitation and Prostitution and its Impact on Gender Equality, study, European Parliament, 2014, p. 55. 
190   Prostitution and human trafficking, The Swedish Gender Equality Agency, 2021. 

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References 

Økland Jahnsen, S. and Wagenaar, H. (eds.), Assessing prostitution policies in Europe, Routledge, 2018. 
Östergren, P. AC., From_Zero-Tolerance to Full Integration Rethinking Prostitution Policies, DemandAT 
Working Paper No 10, 2017. 
Weatherburn A., Lasocik Z., Wieczorek Ł., Rejmer-Jobczyk K., and De Hert P. (Ed.), DESIRE deliverable 
5.2 DESIrE Final Report and Recommendations, 2019. 

1 

 
 
 
 
Considerable  differences  of  opinion  characterise  the 
public debate on the regulation of prostitution in the EU. 
This results in a complex legal and policy landscape. A 
lack of comprehensive statistical data complicates the 
picture,  and  the  choices  legislators  make  are  deeply 
rooted  in  overarching  ideological  approaches.  At  EU 
level,  the  European  Parliament  has  long  been  the 
primary forum for debating prostitution issues. 

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This is a publication of the Members' Research Service 
EPRS | European Parliamentary Research Service 

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The content of the document is the sole responsibility of its author(s) and any opinions 
expressed herein should not be taken to represent an official position of the Parliament. 

PE 762.354 
ISBN 978-92-848-2024-5 
doi:10.2861/757840 
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