The Legal Situation on Stalking among the European Member States

Stalking became a subject of academic and social concern in Europe in the mid-1990s. Shortly afterwards the issue of legislation became the subject of debate in some countries and in 1997 the United Kingdom was the first European Member State that passed anti-stalking legislation. Denmark constitutes an exception because its Criminal Code of 1933 contains a provision which also deals with stalking. Other States that up to now have passed legislation against stalking in Europe are Belgium, the Netherlands, Germany, Malta, Ireland, Austria and, last in order of time, Italy. Where an anti-stalking law exists, legislators have introduced a new article into the existing Penal Code or have amended an article still in force for similar conduct, or have introduced a specific Act against Harassment or Domestic Violence which is intended to cover not only such conduct but also stalking. In the remaining European countries where an anti- stalking law does not exist, it is possible to prosecute stalking only when the behaviour amounts to crimes prosecutable under other existing norms. This article analyses legal regulations on stalking across European Member States in civil and criminal justice considering specific laws addressing the phenomenon or, alternatively, other laws under which stalking can be prosecuted. In the conclusions some advantages and disadvantages of European anti-stalking laws are discussed and some suggestions are given for future work in order to improve the protection of the victims of stalking.