Free movement in the EU

Subject: Free movement in the EU

In Sweden, selling sex is legal, but buying sexual services is prohibited. Despite this, however, women from other EU countries are being detained and deported from Sweden if they sell sex1. In practice these women are being treated as criminals, not victims, although many of them have been trafficked. The authorities maintain that the deportations are justified on the grounds that prostitution is an activity that promotes and generates serious criminality, and therefore poses a threat to public order and security in Sweden.

1. Does the Commission take the view that it is compatible with EU law to deport EU citizens in these circumstances, and is this in line with EU rules on the right of residence?

2. Does the Commission take the view that Sweden’s actions are in line with the EU directive on the trafficking of human beings, and that the support and assistance provided to potential victims is sufficient?

Submitted: 2.5.2025

1 https://www.aftonbladet.se/nyheter/a/Rzw6nW/polisen-laser-in-prostituerade-utgor-hot-mot-allman-ordning

Answer given by Mr Brunner and Mr McGrath on behalf of the European Commission (25 June 2025)

The Commission would like to recall that legislation applicable to prostitution is a matter that remains within the competence of Member States, which have different approaches and legislations in this area.

1. Restrictions on the right to move and reside freely on grounds of public policy and public security are set in Chapter VI of Directive 2004/38/EC (2), Articles 27 to 33. Member States retain the freedom to determine the requirements of public policy and public security in accordance with their needs, but they must interpret those requirements strictly. Restrictive measures, including a detention measure or ending a right to reside in or enter a Member State, may be taken only on a case-by-case basis where the personal conduct of an individual represents a genuine, present and sufficiently serious threat affecting one of the fundamental interests of the society of the host Member State (3).

2. The Anti-Trafficking Directive (Directive 2011/36/EU) (4) provides for minimum common rules for Member States to address the exploitation of the prostitution of others or other forms of sexual exploitation as a purpose of trafficking in human beings, in so far as the other elements of the offence (i.e. the intentional act and the means) are met. It is for Member States to assess if, in individual cases, these elements are fulfilled. The directive is without prejudice to the way in which Member States deal with prostitution in their national law.

1 ∙ ⸱ https://www.aftonbladet.se/nyheter/a/Rzw6nW/polisen-laser-in-prostituerade-utgor-hot-mot-allman-ordning

2 ∙ ⸱ 1 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to

move and reside freely within the territory of the Member States, OJ L 158, 30.4.2004. 3 ∙ ⸱ 2C-331/16 and C-366/16, K and H. 4 ∙ ⸱

3Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA, OJ L 101, 15.4.2011.