Europaudvalget 2024
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EUROPEAN
COMMISSION
Brussels, 24.7.2024
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COMMISSION STAFF WORKING DOCUMENT
2024 Rule of Law Report
Country Chapter on the rule of law situation in Portugal
Accompanying the document
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN
PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL
COMMITTEE AND THE COMMITTEE OF THE REGIONS
2024 Rule of Law Report
The rule of law situation in the European Union
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EN
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A
BSTRACT
Efficiency in dealing with civil and commercial cases has continued to improve, and new
measures aimed at strengthening the functioning of Administrative and Tax Courts have been
implemented and more efforts are underway to address remaining challenges. Transparency
in the allocation of cases has been significantly strengthened, with a new electronic system
being effectively implemented. Some steps have been taken to ensure adequate human
resources for the justice system, while serious concerns remain, in particular regarding the
shortage of legal clerks. There are challenges regarding the adequacy of general criminal
procedure legislation to efficiently deal with complex criminal procedures, and the
Government is taking initiatives to address the matter. High-visibility criminal cases have led
to public discussions. The use of digital technologies by courts is widespread and continues
to be encouraged. A new multiannual plan for the renovation of court buildings is in place,
while concerns regarding court and prosecution premises emerged.
The Government adopted the new Anti-Corruption Agenda. The Anti-Corruption Mechanism
has taken up the majority of its tasks. Corruption cases are being investigated as a matter of
priority and steps were taken to ensure sufficient resources for preventing, investigating, and
prosecuting corruption. New legislation on revolving doors introduced stricter penalties. A
new Code of Conduct applicable to the Government and high-level officials was adopted.
There was some further progress in relation to ensuring effective monitoring and verification
of asset declarations by the Transparency Entity. The legal framework for political party
financing has come under public scrutiny. The Government announced plans to regulate
lobbying through the creation of a transparency regime and a Code of Conduct. While the
current legislative framework regarding whistleblower protection is being efficiently
implemented, the strengthening of the protection of whistleblowers in cases of corruption was
announced. Concerns regarding the transparency of decision-making in public procurement
remain.
The Media Regulatory Authority further consolidated its central role, having been attributed
new powers on state advertising. There have been no changes to the legislative framework in
place concerning transparency of media ownership, but a specific high-profile case has
triggered discussion. Public service media continues to face financial difficulties due to the
lack of updating of the audiovisual tax. Tax incentives to encourage the subscription of
written media had a positive effect, but there are calls for structural measures. Precarious
working conditions for journalists continue to be a concern and instances of threats and abuse
to journalists in the exercise of their profession have increased.
New steps have been taken to improve the transparency of law-making and the quality of
legislation, while the regulation of impact assessment is still pending. Due to the dissolution
of Parliament and early termination of the legislature, the revision of the Constitution was not
finalised. The Office of the Ombudsperson continues to perform its functions effectively and
its autonomy is ensured. The civil society space continues to be considered as open. There
were further improvements regarding access to financing for civil society organisations,
although challenges remain.
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R
ECOMMENDATIONS
Overall, concerning the recommendations in the 2023 Rule of Law Report, Portugal has
made:
•
Some progress on continuing efforts to ensure adequate human resources of the justice
system, in particular regarding non-judicial staff, and some further progress in improving
its efficiency, in particular of Administrative and Tax Courts.
Significant further progress on continuing efforts to strengthen the transparency of
allocation of cases, in particular by monitoring the implementation of the new rules on
electronic allocation.
Some further progress on continuing to ensure sufficient resources for preventing,
investigating and prosecuting corruption, including for the new Anti-Corruption
Mechanism.
Some further progress on ensuring the effective monitoring and verification of asset
declarations by the Transparency Entity.
Some further progress in finalising the reforms to improve the transparency of law-
making, particularly on the implementation of impact assessment tools.
•
•
•
•
On this basis, and considering other developments that took place in the period of reference,
and in addition to recalling the relevant commitments made under the Recovery and
Resilience Plan, it is recommended to Portugal to:
•
Step up efforts to ensure adequate human resources of the justice system, in particular
regarding judicial clerks, and continue efforts to improve its efficiency, in particular of
Administrative and Tax Courts.
Take measures to ensure the adequacy of the general criminal procedure legislation to
efficiently deal with complex criminal proceedings.
Continue efforts made to ensure sufficient resources for preventing, investigating and
prosecuting corruption, including for the new Anti-Corruption Mechanism.
Ensure the effective monitoring and verification of asset declarations by the Transparency
Entity.
Finalise the reforms to improve the transparency of law-making, particularly on the
implementation of impact assessment tools.
•
•
•
•
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I.
J
USTICE
S
YSTEM
The Portuguese justice system comprises the Constitutional Court, the Supreme Court of
Justice and the ordinary courts of first and second instance, the Supreme Administrative
Court, and the administrative and tax courts of first and second instance, and the Court of
Auditors
1
. The High Council for the Judiciary, the High Council for Administrative and Tax
Courts and the High Council for the Public Prosecution exercise disciplinary action over the
respective magistrates and are entrusted with relevant managerial functions. Furthermore,
they are competent to nominate, transfer and promote judges and prosecutors. Judges and
prosecutors are appointed by the respective Council, following an open competition and
according to the grades obtained in mandatory training courses at the Centre for Judicial
Studies. The public prosecution service is independent from the judicial power and operates
autonomously from the executive branch. It has its own governance system in which the
Prosecutor General’s Office is the highest body. Portugal participates in the European Public
Prosecutor’s Office (EPPO). The Bar Association is an independent legal entity governed by
public law and, in the exercise of its public powers, performs regulatory functions.
Independence
The level of perceived judicial independence in Portugal continues to be average among
both the general public and companies.
Overall, 53% of the general population and 44% of
companies perceive the level of independence of courts and judges to be ‘fairly or very good’
in 2024
2
. Judicial independence as perceived by the general public has increased in
comparison with 2023 (49%), as well as in comparison with 2020 (40%). The perceived
judicial independence among companies has slightly decreased in comparison with 2023
(45%), as well as in comparison with 2020 (45%)
3
.
There has been significant further progress to strengthen the transparency of allocation
of cases, as the new electronic system is being effectively implemented.
The 2023 Rule of
Law Report recommended to Portugal to ‘[c]ontinue efforts to strengthen the transparency of
allocation of cases, in particular by monitoring the implementation of the new rules on
electronic allocation’
4
. The implementing regulation of the new system of electronic
1
2
3
4
Execution of criminal sentences courts, maritime courts, intellectual property courts, competition, regulation
and supervision courts, central instruction courts, arbitration tribunals and justices of the peace exist and
their number and jurisdiction is mainly established in their respective legal regimes (Law No. 62/2013, of 26
August and Law No. 78/2001, of 13 July).
Figures 51 and 53, 2024 EU Justice Scoreboard, and Figures 50 and 52, 2022 EU Justice Scoreboard. The
level of perceived judicial independence is categorised as follows: very low (below 30% of respondents
perceive judicial independence as fairly good and very good); low (between 30-39%), average (between 40-
59%), high (between 60-75%), very high (above 75%).
51% of the companies in Portugal are either fairly or very confident that their investments are protected by
the law and courts in the Member State. 29% of the surveyed companies see the quality, efficiency or
independence of justice as one of the main reasons for concern about investment protection in the country.
Figures 55 and 56, 2024 EU Justice Scoreboard.
2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 2. The 2022 Rule of
Law Report had also recommended to Portugal to ‘Continue the efforts to strengthen the transparency of
allocation of cases’ (2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p.
2). In the 2023 Rule of Law Report, the Commission concluded that significant progress was made on the
recommendation.
3
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allocation of cases, applicable both in ordinary and administrative and tax courts
5
, required an
evaluation of the system within six months of its full operationalisation
6
. The evaluation was
completed and presented in July 2024
7
. The new electronic system is being effectively
implemented and, although stakeholders have not been involved in the evaluation,
stakeholders do not report concerns regarding the transparency of case allocation
8
. However,
challenges remain regarding the excessive burden for courts, particularly as judges
9
and
prosecutors
10
have to be present in the room while the judicial officials electronically allocate
cases, even though they do not influence the actual allocation and do not perform any formal
control over it
11
. As the application of the system of allocation of cases is being effectively
implemented there has been significant further progress on the recommendation made in the
2023 Rule of Law Report.
The High Council for the Judiciary continues to call for changes to the legislative
framework governing its organisation and functioning.
As mentioned in the 2023 Rule of
Law Report
12
, the High Council for the Judiciary submitted to the Ministry of Justice, in
2022, a proposal for the revision of the regime governing its organisation and functioning
13
.
The proposed amendments are deemed necessary to better allow the Council to exercise its
functions as the administrative body of courts, also in light of the changes to the functioning
and powers of the Council introduced by the new Statute of Judges, which came into force in
2020
14
. Despite reminders by the Council
15
, the Ministry of Justice did not initiate any
process to address the proposed amendments
16
. Regarding the proposal from the Council to
regulate ‘revolving doors’ in the judiciary, following its transmission to the Ministry of
Justice in March 2023
17
, there have been no further developments at Government level
18
.
5
6
7
8
9
10
11
12
13
14
15
16
17
In force since May 2023, see 2023 Rule of Law Report, Country Chapter on the rule of law situation in
Portugal, pp. 3-4.
Art. 7, Portaria No. 86/2023, of 27 March, amending the rules relating to the distribution, by electronic
means, of cases in judicial courts and in administrative and tax courts.
At the request of the Ministry of Justice, the evaluation was publicly presented on 15 July 2024 by the CES -
Centre for Social Studies of the University of Coimbra.
Information received from the High Council for the Judiciary and from the Judges Union in the context of
the country visit to Portugal.
Information received from the High Council for the Judiciary, the Supreme Court of Justice and the Judges
Union in the context of the country visit to Portugal.
High Council for Public Prosecution, Information Bulletin No. 16/2023, p. 6.
Concerns have also been raised regarding the fact that the parameters of the allocation algorithm have not
been disclosed (Information received from the High Council for the Judiciary in the context of the country
visit to Portugal).
2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 4.
As established by Law No. 36/2007, of 14 August.
Among others, the proposal suggests amendments to the internal organisation of the Council, with the
creation of a Directorate for Data Protection Services and the redefinition of the Directorate for Information
Technology Services, as well as the restructuring of the existing internal organisation. A revised version of
the proposal was submitted to the Ministry of Justice in August 2023. See Proposal for the revision of Law
36/2007, of 14 August, establishing the regime governing the organisation and functioning of the High
Council for the Judiciary, of 11 July 2023, and contribution from European Network of Councils for the
Judiciary (ENCJ) for the 2024 Rule of Law Report, p. 34.
Ibidem.
The High Council for the Judiciary does not have legislative initiative. However, the Government is
currently reviewing policy in this regard. Information received from the High Council for the Judiciary in the
context of the country visit to Portugal.
2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 4. Contribution from
European Network of Councils for the Judiciary (ENCJ) for the 2024 Rule of Law Report, p. 14.
4
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However, the Government is currently reviewing policy in this regard. Regarding the
composition of the High Council for the Judiciary and of the High Council for Administrative
and Tax Courts, in December 2023, the Council of Europe’s Group of States Against
Corruption (GRECO) recalled their recommendation to Portugal that not less than half the
members of the Council for the Judiciary, as well as of the Council for the Administrative
and Tax Courts, should be judges chosen by their peers
19
. In this respect, the authorities have
reiterated that there are other legislative safeguards, beyond the composition of the two
councils, that sufficiently ensure their independence
20
. As mentioned in the 2022 Rule of Law
Report
21
, the High Council for Administrative and Tax Courts and the High Council for the
Judiciary are not composed by a net majority of judges elected by their peers, but the latter is
currently
de facto
composed by a majority of judges, as the President of the Republic, who is
entitled to appoint two members, also appointed a judge
22
. GRECO has requested Portugal to
report on the progress of this recommendation by the end of 2024
23
. It is recalled that, in line
with European standards, not less than half the members of judicial councils should be judges
chosen by their peers from all levels of the judiciary and with respect for pluralism inside the
judiciary
24
.
High-visibility criminal investigations have led to public discussions regarding the work
of the public prosecution.
Following the announcement of criminal investigations involving
18
19
20
21
22
23
24
The Government is currently reviewing policy in this regard.
This recommendation was addressed in 2015 – see GRECO Fourth Evaluation Round – Evaluation Report
Portugal, recommendation vi, i), recalled in GRECO Fourth Evaluation Round – Third interim compliance
report, paras. 36-40. See also Figure 57, 2024 EU Justice Scoreboard.
These include: (i) the President and the Vice-President of the Councils are judges; (ii) the direction and
management of the Councils’ services are ensured by a judge secretary; (iii) the members of the Councils are
assisted by a Cabinet composed of a chief of staff and four advisors, all of them judges and (iv) the
inspectorate of the Councils’ inspection services is composed exclusively by judges. See GRECO Fourth
Evaluation Round – Third interim compliance report, para. 38.
2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, pp. 5-6.
There are seven judges elected by their peers, in addition to one judge who an
ex officio
member of the
Council (the President of the Supreme Court) and one judge currently appointed by the President of
Republic. The High Council for the Judiciary is composed of the President of the Supreme Court of Justice
(who also chairs the Council), two members appointed by the President of the Republic, seven members
elected by Parliament, and seven judges elected by their peers in accordance with the principle of
proportional representation. Currently, the High Council for the Judiciary is composed of eight lay members
and nine members who are judges.
The High Council for Administrative and Tax Courts is composed of the President of the Supreme
Administrative Court (who also chairs the Council), two members appointed by the President of the
Republic, four members elected by Parliament and four judges elected by their peers in accordance with the
principle of proportional representation. See also 2020 Rule of Law Report, Country Chapter on the rule of
law situation in Portugal, p. 2.
GRECO Fourth Evaluation Round – Third interim compliance report, para. 83.
Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para. 27.
According to the Venice Commission, while judges may make up half or the majority of a council, the
parameters set out in Recommendation CM/Rec(2010)12 are only met if these members were elected by
their peers, and not if some of these judges are members ex officio (CDL-AD(2020)035, para. 44) See also
CCJE, Opinion No. 24 (2021) on the evolution of the Councils for the Judiciary and their role in independent
and impartial judicial systems, para. 29; Opinion No. 10(2007) of the Consultative Council of European
Judges (CCJE) to the attention of the Committee of Ministers of the Council of Europe on the Council for
the Judiciary at the service of society, of 23 November 2007, paras. 15 ff.
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public office holders
25
, public discussions emerged regarding the work of the public
prosecution, including critical remarks by politicians
26
. Criticism
27
was particularly directed
at publicising investigations and individual criminal probes before an indictment decision
28
.
While prosecutors welcomed the public debate
29
, they warned that the public criticism was
mostly based on individual decisions and could be perceived by magistrates as an attempt to
influence their work
30
. Moreover, whereas no formal proposals have been presented, there
have been public calls for a reform of the public prosecution
31
, and stakeholders have raised
concerns that individual cases may be instrumentalised and lead to reforms aiming at limiting
the autonomy of the public prosecution, with the risk of tampering with the functioning of the
justice system
32
. The Bar Association also raised concerns regarding the impact of public
discussions on ongoing cases
33
. Leaks of information protected by secrecy of justice in
ongoing investigations have also led the President of the Republic to call for a reflection
concerning the reform of criminal justice
34
. In June 2024, two parliamentary groups requested
the summoning of the Prosecutor General to provide information before Parliament
35
. In line
with European standards, ‘states should take appropriate measures to ensure that public
prosecutors are able to perform their professional duties and responsibilities without
unjustified interference’, while ‘the public prosecution should account periodically and
publicly for its activities as a whole and, in particular, the way in which its priorities [a]re
carried out’
36
.
25
26
27
28
29
30
31
32
33
34
35
36
Including, in particular, members of the Central Government (Cabinet of the Prosecutor General, Press
release of 7 November 2023) and of the Government of the Autonomous Region of Madeira (Cabinet of the
Prosecutor General, Press release of 16 February of 2024).
Contribution from Magistrats Européens pour la Démocracie et les Libertés (MEDEL) – Portugal for the
2024 Rule of Law Report, p. 12. See also RTP, ‘After political crises. Multiple critics to the public
prosecution’, 16 February 2024.
RTP, ‘Public prosecution. Union considers critics to Prosecutor General unjustified.’, 13 November 2023.
Following the announcement by the Cabinet of the Prosecutor General of suspicions of the involvement of
the Prime Minister in facts being investigated, the Prime Minister announced his resignation, which was
accepted by the President of the Republic on 7 December 2023, who subsequently decided to dissolve the
Parliament. The facts remain under investigation, and there has been no formal indictment.
Diário de Notícias, ‘Scrutiny of Prosecution? Some call for Prosecutor General to be heard on report that is
already mandatory’, 4 January 2024.
Information received from the Office of the Prosecutor General, the Prosecutors Union and Judges Union in
the context of the country visit to Portugal. See also Prosecutors Union, ‘The political speech and the attacks
to Prosecution and the Prosecutor General’, 8 January 2024.
While no legislative changes have been proposed, there are public calls for a reform of the Prosecution
Service, which have been brought to the attention of the President of the Republic (see RTP, ‘Marcelo meets
representatives of the manifest calling for justice reform’, 15 May 2024; Advocatus, ‘Manifest from 50
sound names calls for “justice reform”, criticises Prosecutor General and says that Prosecution has
“uncontrolled power”’, 2 May 2024).
For concerns expressed by the Prosecutor General, see public communication of the Prosecutor General in
the XIII Congress of the Prosecutors Union, 29 February 2024; for concerns expressed by the President of
the Supreme Court of Justice, see Nascer do Sol, ‘President of the Supreme Court of Justice: Corruption is
installed in Portugal’, 3 November 2023.
Contribution from Council of Bars and Law Societies of Europe (CCBE) for the 2023 Rule of Law Report,
p. 129. See also Press release of 15 November 2023.
Eco, ‘Marcelo defends that leaks are ‘important point’ of the reform of the sector’, 24 June 2024.
Público, ‘PAN presents request to summon PG to Parliament. BE; PCP and Livre agree’, 24 June 2024; SIC
Notícias, ‘BE wants to hear PG in Parliament on the Prosecution activities report’, 24 June 2024.
Recommendation CM/Rec(2000)19 of the Committee of Ministers of the Council of Europe, para. 11.
6
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Parliament adopted a new statute of the Bar Association, which introduces changes to
access to the initial training of lawyers.
On 19 January 2024, Parliament adopted a law
amending the Statute of the Bar Association
37
. The Bar Association has been critical of some
of the changes introduced, particularly those on the organisation of the initial training for
lawyers
38
, and those affecting the definition of acts reserved to lawyers
39
. Whereas the
President of the Republic had vetoed the amendments
40
, these were ultimately adopted by
Parliament and is already in force
41
. In relation to concerns regarding the respect for lawyers’
legally recognised rights and privileges referred to in the 2023 Rule of Law Report
42
, the
Council of Bars and Law Societies of Europe reported new instances where such rights and
privileges had been denied by public officials
43
. Moreover, the Bar Association is aware of
cases of threats to lawyers and is providing legal assistance to lawyers who are victims of
crimes in the exercise of or related to their functions
44
.
Quality
There has been some further progress in ensuring adequate human resources for the
justice system, while serious concerns remain, in particular regarding the shortage of
legal clerks.
The 2023 Rule of Law Report recommended to Portugal to ‘[c]ontinue efforts to
ensure adequate human resources of the justice system, in particular regarding non-judicial
staff […]’
45
. As mentioned in the 2023 Rule of Law Report, the Government opened in 2023
a competition for the recruitment of 200 new legal clerks
46
. Stakeholders considered this
number insufficient to address the needs identified
47
, in particular in light of the high number
37
38
39
40
41
42
43
44
45
46
47
Law No. 6/2024, of 19 January. Some of the changes were introduced in the context of Reform RE-r16:
‘Reducing restrictions in highly regulated professions’ of the Portuguese Recovery and Resilience Plan (see
Annex to the Council Implementing Decision on the approval of the assessment of the Recovery and
Resilience Plan for Portugal, p. 71). See also input from Portugal for the 2024 Rule of Law Report, pp. 4-5.
Reducing the training period from 18 to 12 months, eliminating the requirement of a final exam, and
establishing mandatory remuneration of trainee lawyers (Contribution from Council of Bars and Law
Societies of Europe (CCBE) for the 2024 Rule of Law Report, pp. 129-130).
Contribution from Council of Bars and Law Societies of Europe (CCBE) for the 2024 Rule of Law Report,
p. 129.
President of the Republic, Press Releases of 11 and 13 December 2023. The reasons for the veto refer to
doubts regarding the provisions governing the training for access to the profession, as well as to the regime
on the acts reserved to lawyers.
Regarding the concerns raised by the Bar Association, see also 2023 Rule of Law Report, Country Chapter
on the rule of law situation in Portugal, pp. 6-7.
2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 6.
Contribution from Council of Bars and Law Societies of Europe (CCBE) for the 2024 Rule of Law Report,
p. 129.
Criminal cases involving arson, hijack, attempted murder, slander, defamation, physical assault, forgery,
offence to a legal person, harm with violence, usurpation of functions and intimidation. Contribution from
Council of Bars and Law Societies of Europe (CCBE) for the 2024 Rule of Law Report, p. 128.
2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 2. In the 2023 Rule of
Law Report, the Commission concluded that some progress was made on the recommendation.
2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, pp. 7-8. See also input
from Portugal for the 2024 Rule of Law Report, p. 2.
The High Council for the Judiciary estimates the deficit of clerks to amount to 1000 (Contribution from
European Network of Councils for the Judiciary (ENCJ) for the 2024 Rule of Law Report, p. 36), whereas a
deficit of over 500 clerks in prosecution offices is reported (2023 Rule of Law Report, Country Chapter on
the rule of law situation in Portugal, p. 8). The Union of ‘Funcionários Judiciais’ estimates a deficit of 1800
clerks, both in courts and prosecution services (Information received from the Union of ‘Funcionários
Judiciais’ in the context of the country visit to Portugal). The High Council for the Judiciary reports that
7
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of expected retirements
48
. Following the competition, two training sessions were organised
49
for successful candidates, and they will take on their functions after the 18-month training
period. However, 186 of the 200 candidates have initiated the professional training
50
, and it is
reported that over 70 of them have already withdrawn from the training courses
51
. There are
currently over 1100 vacancies in first instance ordinary courts
52
and 59 vacancies in first
instance Administrative and Tax Courts that have not been filled
53
. According to
stakeholders, factors contributing to the lack of attractiveness of the profession, such as low
salaries
54
, limited career progression possibilities, and high workload, played a role in the
withdrawals
55
. However, in May 2024 the Government announced the recruitment of 108
legal clerks to work in the courts, using the reserve that resulted from the previous external
competition, held in 2023. In addition, with a view to the entry of new legal clerks, an
extraordinary recruitment process was opened
56
, with new legal clerks expected to join in
September 2024. Moreover, whereas in October 2023 the Government presented a proposal
for a new statute of legal clerks and initiated discussions with trade unions
57
, the revision was
halted due to the dissolution of Parliament announced in November 2023. Consultations with
the trade unions have resumed under the new legislature. The revision of the current statute
for legal clerks is under way and authorities expect it to be finalised by the end of 2024 or
beginning of 2025. Stakeholders consider that the deficit of legal clerks significantly impacts
the efficiency and quality of the justice system
58
, and that this impact was intensified by the
successive strikes since January 2023
59
. Stakeholders also continue to raise concerns
there are instances of courts where the rate of vacant posts is above 60% (Information received from the
High Council for the Judiciary in the context of the country visit to Portugal).
It is estimated that 390 clerks will retire in 2024 (Information received from the Union of ‘Funcionários
Judiciais’ in the context of the country visit to Portugal). The average age of legal clerks is over 50
(Contribution from European Network of Councils for the Judiciary (ENCJ) for the 2024 Rule of Law
Report, p. 36).
In September and December 2023.
Information received from the Ministry of Justice in the context of the country visit to Portugal.
Information received from the Union of ‘Funcionários Judiciais’ in the context of the country visit to
Portugal. See also Público, ‘One third of the new legal clerks have dropped out after less than six months’,
12 February 2024.
Over 15% of the posts foreseen in the staff map. In several judicial circles, over 25% of the posts remain
vacant. Situation on 27 February 2024. Ministry of Justice, Staff map.
Over 17% of the posts foreseen in the staff map. Situation on 27 February 2024. Ministry of Justice, Staff
map.
The gross salary at entry level was increased to EUR 915,47.
Information received from the Union of ‘Funcionários Judiciais’ and the Union of ‘Oficiais de Justiça’ in the
context of the country visit to Portugal. See also ‘National Enquiry on the Work and Living Conditions of
Legal Clerks in Portugal’.
The deadline for candidates to submit applications was 5 July 2024.
Ministry of Justice, Press release ‘Statute proposal increases remuneration of legal clerks’, of 2 October
2023. Trade unions were critical of the proposal, and the High Council of the Judiciary raised concerns
regarding some aspects of the proposal (Contribution from European Network of Councils for the Judiciary
(ENCJ) for the 2024 Rule of Law Report, p. 36).
Information received from the High Council for the Judiciary, High Council for the Administrative and Tax
Courts, High Council for the Public Prosecution, Judges Union, Prosecutors, Union of ‘Funcionários
Judiciais’, Union of ‘Oficiais de Justiça’ and Business Roundtable Portugal in the context of the country visit
to Portugal. See also Jornal de Notícias, ‘Lisbon Court warns of rupture due to lack of clerks’, 23 February
2023.
The Union of ‘Funcionários Judiciais’ appealed a decision to implement minimum service levels for one of
the strikes; the case is currently pending before the Lisbon Administrative Court (Case No. 40/2023/DRCT-
ASM). The Bar Association has publicly supported the trade unions on their strikes (contribution from
48
49
50
51
52
53
54
55
56
57
58
59
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regarding the insufficient number of legal and technical advisers
60
. Concerning judges and
prosecutors, new recruitments took place in 2023
61
and the evolution is deemed positive in
Administrative and Tax Courts
62
. However, following complaints presented by first instance
judges seeking promotion to second instance Administrative and Tax Courts, the Supreme
Administrative Court declared that the High Council for the Administrative and Tax Courts
violated the principles of impartiality and transparency in the handling of the competition
procedure, and determined the annulation of the competition
63
. A deficit of prosecutors
continues to be reported
64
, and there are concerns regarding the workload of judges in
ordinary courts
65
. In this context, it is recalled that, according to European standards, a
sufficient number of judges and appropriately qualified support staff should be allocated to
the courts
66
. Overall, while the Government is currently reviewing policy in this regard, there
has been some further progress on this part of the recommendation made in the 2023 Rule of
Law Report.
A new multiannual plan for the renovation of court buildings is in place, while concerns
regarding working conditions and security in court and prosecution premises emerged.
The Government has adopted the ‘Multi-annual plan for investment in the Justice area 2023-
2027’
67
, which envisages multiple investments into the maintenance and renovation of
buildings used by courts and other justice services
68
. As this plan does not cover all court
Council of Bars and Law Societies of Europe (CCBE) for the 2024 Rule of Law Report, p. 129). See also
2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 5.
Information received from the High Council for the Administrative and Tax Courts, the Supreme Court of
Justice and the Office of the Prosecutor General in the context of the country visit to Portugal. See also
contribution from Magistrats Européens pour la Démocracie et les Libertés (MEDEL) – Portugal for the
2024 Rule of Law Report, p. 13.
52 ordinary court judges, 31 Administrative and Tax Court judges, and 52 prosecutors (TAF) (input from
Portugal for the 2024 Rule of Law Report, p. 2).
Information received from the High Council for the Administrative and Tax Courts and Supreme
Administrative Court in the context of the country visit to Portugal.
Supreme Administrative Court, judgment of 6 June 2024, case 02/24.1BALSB,
AA v Conselho Suprerior dos
Tribunais Administrativos e Fiscais.
In particular, due to the fact that the jury altered the evaluation criteria
for promotion after the deadline for the application to the competition had elapsed, and at a stage where the
submitted applications had already been transmitted to the jury. Pursuant to the judicial decision, the
procedural acts performed so far in the competition are annulled. In its judgment, the Supreme
Administrative Court also ordered the evaluation of the candidates be repeated by a jury with a different
composition. Although the Supreme Administrative Court did not assess the existence of fraud, it considered
that the mere suspicion of the possibility of fraud was sufficient to determine the annulation and substitution
of the jury. In a separate decision, referring to the same competition, the Supreme Administrative Court also
decided that the candidates should be granted access to the motivated opinions of the jury, which had been
initially denied by the High Council for the Administrative and Tax Courts.
The situation is worsened by the high number of retirements and high average age of the new prosecutors
entering the system (Information received from the High Council for the Public Prosecution in the context of
the country visit to Portugal). Professional associations estimate a deficit of 200 prosecutors (contribution
from Magistrats Européens pour la Démocracie et les Libertés (MEDEL) – Portugal for the 2024 Rule of
Law Report, p. 13). A recent study warned of the risk of burnout among prosecutors due to high workload
(‘Study on the working conditions, professional distress and well-being of public prosecutors’).
Information received from the Judges Union in the context of the country visit to Portugal. The High
Council for the Judiciary has set up an occupational health service to prevent health risks associated with
burnout (Contribution from European Network of Councils for the Judiciary (ENCJ) for the 2024 Rule of
Law Report, p. 46).
Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para. 35.
Resolution of the Council of Ministers No. 119/2023, of 9 October.
Input from Portugal for the 2024 Rule of Law Report, p. 2.
60
61
62
63
64
65
66
67
68
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buildings, other focused investments into the maintenance and renovation of court buildings
are also envisaged
69
. However, stakeholders deem the envisaged overall investments
insufficient to address all the issues identified
70
. Stakeholders have also voiced concerns
regarding security in court and prosecution premises
71
, including those used by the EPPO
72
.
Moreover, stakeholders warn that the limited space available in some courts leads to different
services sharing the same spaces, raising concerns regarding the compliance with the legal
obligations to safeguard the confidentiality of the lawyer-client communications
73
.
Challenges regarding the material resources allocated to courts and prosecution services have
also been raised
74
. It is noted that the expenditure in the justice system in 2022 decreased in
relative terms (compared to 2021) and remained average
75
. According to European standards,
each state should allocate adequate resources, facilities and equipment to the courts to enable
them to work efficiently
76
.
The use of digital tools continues to be encouraged, although some challenges remain
particularly as regards online access to judgments.
According to the 2024 EU Justice
Scoreboard, the use of digital technologies by courts and prosecution remains generally
widespread
77
. Digital solutions, which allow to initiate and follow proceedings, are broadly in
place for in civil, commercial and administrative cases
78
, but are more limited for criminal
cases
79
. Measures aimed at modernising the IT system for criminal investigation are included
in the Recovery and Resilience Plan
80
. Some further challenges remain, particularly regarding
electronic communication tools in courts
81
. A new digital platform for procedural acts to be
performed by magistrates in all instances and jurisdictions (Magistratus) became operational
in 2023, and continues to be improved
82
. While stakeholders assess the functioning of the
new platform positively
83
, concerns have been raised regarding the fact that the ownership
and control of the platform, which contains all the procedural data, remains assigned to the
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
Information received from the Ministry of Justice in the context of the country visit to Portugal.
Contribution from European Network of Councils for the Judiciary (ENCJ) for the 2024 Rule of Law
Report, p. 35.
Information received from the High Council for the Public Prosecution, the Judges Union and Prosecutors
Union in the context of the country visit to Portugal.
Contribution from European Public Prosecutor's Office for the 2024 Rule of Law Report, pp. 44-45.
Information received from the High Council for the Public Prosecution and the Bar Association in the
context of the country visit to Portugal.
Contribution from European Network of Councils for the Judiciary (ENCJ) for the 2024 Rule of Law
Report, p. 35; contribution from Magistrats Européens pour la Démocracie et les Libertés (MEDEL) –
Portugal for the 2024 Rule of Law Report, p. 13.
Figures 33 and 34, 2024 EU Justice Scoreboard.
Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para. 33.
Figures 43, 44, 46 and 47, 2024 EU Justice Scoreboard.
Figure 47, 2024 EU Justice Scoreboard.
Figure 48, 2024 EU Justice Scoreboard.
Annex to the Council Implementing Decision on the approval of the assessment of the Recovery and
Resilience Plan for Portugal, p. 162.
Figure 45, 2024 EU Justice Scoreboard. Challenges also remain regarding arrangements for producing
machine-readable judicial decisions. Figure 50, 2024 EU Justice Scoreboard.
Its operationalisation was accompanied by training of magistrates (Input from Portugal for the 2024 Rule of
Law Report, p. 6). See also 2023 Rule of Law Report, Country Chapter on the rule of law situation in
Portugal, p. 8.
Information received from the High Council for the Administrative and Tax Courts in the context of the
country visit to Portugal.
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Ministry of Justice
84
. A new platform allowing lawyers to access the digital platforms used in
common and Administrative and Tax Courts was also operationalised (eTribunal), but full
interoperability of the platform with others is still to be ensured
85
. While new databases,
including for decisions with European Case Law Identifier (ECLI), have been created
86
,
online access to judgments remains limited, especially for first instance decisions
87
. The
publication of all judicial decisions is listed as a priority in the new Anti-corruption Agenda,
adopted in June 2024
88
. A GRECO recommendation in this regard remains only partially
implemented
89
.
Efficiency
There has been some further progress in increasing the efficiency of Administrative and
Tax Courts as new measures continue to be implemented and more efforts are
underway to address remaining challenges.
The 2023 Rule of Law Report recommended
to Portugal to ‘[c]ontinue efforts to improve [the] efficiency [of the justice system], in
particular of Administrative and Tax Courts’
90
. According to the 2024 EU Justice
Scoreboard, the disposition time in first instance Administrative and Tax courts has been
decreasing since 2020, while remaining comparatively high, at 747 days
91
. However, in
higher instances the disposition time remains among the highest in the EU
92
, and over 1000
days are needed to resolve a case in second instance. Despite the high disposition time, the
clearance rate at first instance remains above 100% and has further increased
93
. There have
also been improvements regarding the case backlog at first instance, although it remains
comparatively high
94
. As mentioned in the 2023 Rule of Law Report
95
, a number of measures
aimed at increasing the efficiency of Administrative and Tax Courts are underway, including
in the context of the Recovery and Resilience Plan
96
. In this context, a temporary legal
84
85
86
87
88
89
90
91
92
93
94
95
96
Stakeholders consider that this aspect of ownership and control of the platform by the Ministry of Justice to
challenge the principle of separation of powers. Contribution from European Network of Councils for the
Judiciary (ENCJ) for the 2024 Rule of Law Report, p. 36.
Information received from the Bar Association in the context of the country visit to Portugal. See also Input
from Portugal for the 2024 Rule of Law Report, p. 6.
Input from Portugal for the 2024 Rule of Law Report, p. 6.
Figure 49, 2024 EU Justice Scoreboard.
Portuguese Government, Anti-corruption Agenda, Measure No. 28.
GRECO Fourth Evaluation Round – Third interim Compliance Report, recommendation x, para. 55.
2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 2. In the 2023 Rule of
Law Report, the Commission concluded that some progress was made on the recommendation.
From 847 in 2021 to 747 days in 2022 (Figure 8, 2024 EU Justice Scoreboard). The long disposition times
are considered to be a deterrent for individuals and businesses to challenge administrative decisions before
courts (Information received from Business Roundtable Association in the context of the country visit to
Portugal).
From 836 days in 2021 to 1064 days in 2022, for second instance; from 261 days in 2021 to 300 days in
2022, in third instance (Figure 9, 2024 EU Justice Scoreboard). These increases may be explained by the
increase in the resolution rate at first instance, as a consequence of the positive work of the rapid reaction
teams, as well as of the positive trend in filling the existing vacancies in higher courts (information received
from the Ministry of Justice and from the Supreme Administrative Court in the context of the country visit to
Portugal; see also 2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 10).
From 107% in 2021 to 112% in 2022 (Figure 12, 2024 EU Justice Scoreboard).
From 0,6 cases per 100 000 inhabitants in 2012, to 0,5 cases per 100 000 inhabitants in 2022 (Figure 15,
2024 EU Justice Scoreboard).
2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 10.
Annex to the Council Implementing Decision on the approval of the assessment of the Recovery and
Resilience Plan for Portugal, p. 161.
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regime to encourage in-court and out-of-court settlement has been put in place
97
. Since
September 2023, specialised chambers exist in second instance Administrative and Tax
Courts
98
, which are expected to lower the current disposition time
99
. While the creation of a
new second instance court has been provided for by law
100
, its operationalisation remains
pending
101
. While stakeholders welcome the efforts undertaken to improve the efficiency of
these courts and recognise the positive evolution, they continue to call for more resources for
Administrative and Tax Courts to ensure the consistency of the improvements
102
. According
to European standards, the efficiency of the justice system is a necessary condition for the
protection of every person’s rights, legal certainty and public confidence in the rule of law
103
.
Portugal remains under enhanced supervision by the Committee of Ministers of the Council
of Europe for the excessive length of proceedings before both civil and administrative
jurisdictions
104
. In light of the above, there has, overall, been some further progress on this
part of the recommendation made in the 2023 Rule of Law Report.
The efficiency in dealing with civil and commercial cases has continued to improve.
As
mentioned in the 2023 Rule of Law Report
105
, efficiency in civil and commercial cases had
already been improving. In 2022, the disposition time has further decreased in first and third
instances
106
, and the clearance rate remained above 100%, with the system resolving more
cases than those incoming
107
. The case backlog in first instance has also been decreasing,
while remaining relatively high
108
. The steady decrease of the length of civil proceedings
before first instance courts has been welcomed by the Committee of Ministers of the Council
of Europe
109
.
There are concerns that general criminal procedure legislation is not tailored to
efficiently deal with complex criminal proceedings.
As mentioned in the 2023 Rule of Law
97
98
99
100
101
102
103
104
105
106
107
108
109
Law No. 30/2023, of 5 May. See Component 18, TD-C18-r33, Milestone 18.2, of the Recovery and
Resilience Plan for Portugal, and input from Portugal for the 2024 Rule of Law Report, p. 3.
Input from Portugal for the 2024 Rule of Law Report, p. 3. See also Component 18, TD-C18-r33, Milestone
18.1, of the Recovery and Resilience Plan for Portugal. The use of this legal regime is reported to be low,
and therefore is not having, at the moment, a relevant impact on the functioning of Administrative and Tax
Courts (Information received from the High Council for the Administrative and Tax Courts in the context of
the country visit to Portugal).
Information received from the High Council for the Administrative and Tax Courts in the context of the
country visit to Portugal.
Input from Portugal for the 2024 Rule of Law Report, p. 3.
The new court will be installed in Castelo Branco (Information received from the High Council for the
Administrative and Tax Courts and from the Ministry of Justice in the context of the country visit to
Portugal).
Information received from the High Council for the Administrative and Tax Courts and the Judges Union in
the context of the country visit to Portugal.
Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para. 30.
Committee of Ministers, Supervision of the execution of the European Court’s judgments, case H46-20
Vicente Cardoso group v. Portugal
(Application No. 30130/10).
2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 9.
Figures 6 and 7, 2024 EU Justice Scoreboard.
Figure 11, 2024 EU Justice Scoreboard.
From 3,5 cases per 100 000 inhabitants in 2012, to 1,7 cases per 100 000 inhabitants in 2022. Figure 14,
2024 EU Justice Scoreboard.
Committee of Ministers, 1411
th
DH meeting (14-16 September 2021) – Notes. In response to the decision
adopted by the Committee at its last examination, which took place in September 2021, the Portuguese
authorities submitted a revised action plan on 19 October 2022, which has not yet been examined by the
Committee.
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Report, stakeholders have called for a revision of the criminal procedural law to avoid the use
of procedural acts for merely dilatory purposes
110
. Challenges in this regard continue to exist,
particularly related to complex criminal cases, commonly referred to as ‘mega procedures’
111
.
Stakeholders consider that the general criminal procedure legislation is not tailored for such
complex cases to be dealt with in a timely manner and report recurring instances of abuse of
procedural acts by the parties, in particular related to the withdrawal or recusal of the judge to
whom the case has been allocated
112
. The delays resulting from dilatory procedural acts
113
could result in certain crimes becoming time barred
114
. Moreover, such cases often attract
media attention
115
, leading the public to perceive criminal justice as lengthy
116
. The President
of the Supreme Court of Justice publicly advocated for procedural changes to address these
issues
117
. The United Nations Human Rights Committee also recommended that Portugal
should reduce the length of investigations and legal procedures to improve judicial
efficiency
118
. The Anti-corruption Agenda sets out the intention to establish measures to
improve the efficiency in criminal proceedings
119
, which require extensive legislative
changes
120
.
II.
A
NTI
-C
ORRUPTION
F
RAMEWORK
The institutional anti-corruption framework in Portugal has undergone major changes in the
past years. The National Anti-Corruption Mechanism (MENAC), established in 2021 and
operational since 2023, promotes transparency and integrity in public action and ensures the
effectiveness of policies to prevent corruption, and is competent to implement the General
110
111
112
113
114
115
116
117
118
119
120
2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, pp. 4-5.
Information received from the Supreme Court of Justice and the Judges Union in the context of the country
visit to Portugal.
Pursuant to Art. 42 (1) and (3), regarding withdrawal, and Art. 43 of the Code of Criminal Procedure,
regarding recusal. The appeal from the decision of non-withdrawal has suspensive effect. In 2022, out of 118
recusal challenges, only 13 were admitted (Reply from the High council for the Judiciary to the judicial
independence questionnaire distributed by the European Network of Councils for the Judiciary, February
2024).
Information received from the Supreme Court of Justice, Judges Union and Prosecutors Union in the context
of the country visit to Portugal.
See, e.g., Advocatus, ‘Operação
Marquês.
Court of Appeal rules on the time barring of 22 crimes’, 28
January 2024.
See, e.g., Expresso, ‘3718 days of
Operação Marquês:
the long chronology of a complex case that started
with a mediatic detention at the airport’, 25 January 2024; Observador, ‘Case BES/GES. Hearing of Ricardo
Salgado and other 18 defendants starts on 28 May’, 16 January 2024.
In 2022, the average length of criminal cases (trial phase) was 8 months, compared to 9 in 2021. Data
available at: https://estatisticas.justica.gov.pt/sites/siej/pt-pt/Paginas/tribunais.aspx.
Communication in the context of the Inauguration of the 2023 Judicial Year, 10 January 2023. See also,
Nascer do Sol, ‘President of the Supreme Court of Justice: Corruption is installed in Portugal’, 3 November
2023.
United Nations Human Rights Committee, ‘Report on follow-up to the concluding observations of the
Human Rights Committee - CCPR/C/138/2/Add.3’, pp. 4-5; Contribution from United Nations Human
Rights Regional Office for Europe (OHCHR) for the 2024 Rule of Law Report, p. 72.
Portuguese Government, Anti-corruption Agenda, Measures No 19, 20 and 21.
These concern, in particular, the improvement of the inquiry phase of criminal procedures, to avoid the use
of procedural acts for dilatory purposes, the improvement of the appeals regime and the update of the legal
regime for gathering, preservation and use of electronic evidence. It should also be highlighted that the High
Council for the Judiciary developed a structure named ALTEC aimed at supporting the handling of these
complex criminal proceedings. In order to be applied, certain non-cumulative conditions must be met (over
i) 100 defendants/witnesses; ii) 500 transcriptions of wiretaps; and iii) 50 volumes). A team of 2 judges and
24 other professionals is involved in this project.
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Corruption Prevention Regime, which is applicable to public and private entities. The
Transparency Entity
121
is tasked with monitoring and verifying declarations of assets and
interests of political office-holders and high-ranking appointed officials. The Constitutional
Court is currently responsible for ruling, on appeal, on the fines imposed for breaches to the
Law on the Financing of Political Parties
122
. The Central Department of Criminal
Investigation and Penal Action (DCIAP), established within the Public Prosecutors Service,
is in charge of the investigation and prosecution of serious offences, including corruption and
economic and financial crimes, and coordinates the inquiries that are carried out by the
National Unit for Combating Corruption (UNCC), an investigative unit of the Criminal
Police
123
.
The perception among experts and business executives is that the level of corruption in
the public sector remains relatively low.
In the 2023 Corruption Perceptions Index by
Transparency International, Portugal scores 61/100 and ranks 12
th
in the EU and 34
th
globally
124
. This perception has been relatively stable over the past five years
125
. The 2024
Special Eurobarometer on Corruption shows that 96% of respondents consider corruption
widespread in their country (EU average 68%) and 61% of respondents feel personally
affected by corruption in their daily lives (EU average 27%)
126
. As regards businesses, 83%
of companies consider that corruption is widespread (EU average 65%) and 51% consider
that corruption is a problem when doing business (EU average 36%)
127
. Furthermore, 33% of
respondents find that there are enough successful prosecutions to deter people from corrupt
practices (EU average 32%)
128
, while 22% of companies believe that people and businesses
caught for bribing a senior official are appropriately punished (EU average 31%)
129
.
While the new strategic framework is in preparation, the Government adopted the new
Anti-corruption Agenda.
The National Anti-Corruption Strategy 2020-2024 is being
implemented through its legal framework as well as public and private sector compliance
programmes
130
, backed by financial support
131
. However, for some civil society organisations
the effectiveness of the implementation is not clear given the lack of regular evaluations and
121
122
123
124
125
126
127
128
129
130
131
Regulation no. 258/2024, of 6 March 2024.
Law 19/2003, of 20 June.
The UNCC is the specialised operational unit in charge of investigating corruption offences and related
crimes such as bribery or embezzlement of public funds and has jurisdiction nationwide.
Transparency International, Corruption Perceptions Index 2023 (2024). The level of perceived corruption is
categorised as follows: low (the perception among experts and business executives of public sector
corruption scores above 79); relatively low (scores between 79-60), relatively high (scores between 59-50),
high (scores below 50).
In 2019 the score was 62, while, in 2023, the score is 61. The score significantly increases/decreases when it
changes more than five points; improves/deteriorates (changes between 4-5 points); is relatively stable
(changes from 1-3 points) in the last five years.
Special Eurobarometer 548 on Citizens’ attitudes towards corruption in the EU (2024). The Eurobarometer
data on citizens’ corruption perception and experience is updated every year. The previous data set is the
Special Eurobarometer 534 (2023).
Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024). The Eurobarometer
data on businesses’ attitudes towards corruption as is updated every year. The previous data set is the Flash
Eurobarometer 524 (2023).
Special Eurobarometer 548 on Citizens’ attitudes towards corruption in the EU (2024).
Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024).
2022 Rule of Law Report, country chapter on the rule of law situation in Portugal, p. 11.
State Law budget 2024 allocated funds for a project focusing on the ‘Development of the National Anti-
Corruption Strategy Monitoring Information System’.
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reporting
132
. Following the entry into force in June 2023 of the system of penalties for public
entities under the General Regime for the Prevention of Corruption (RGPC)
133
, the
monitoring of compliance with the relevant obligations by entities with inspection powers,
remaining under MENAC’s responsibility, was reinforced. A monitoring report on the
implementation of the strategy is expected to be prepared by MENAC and published by 30
November 2024
134
, which is considered key by stakeholders to make the new strategy
focused and relevant
135
. A working group created by the Government for the purpose of
elaborating of the new Strategy 2025-2028 is expected to also consider a dedicated Action
Plan
136
for its future implementation
137
. In April 2024 the new Government presented its
programme that include a number of measures for both prevention and repression of
corruption
138
. On 20 June 2024, the Government adopted the Anti-corruption Agenda
139
,
which includes 32 measures based on four key pillars: effective punishment, procedural
speed, public sector protection and prevention. The measures are intended to be implemented
ahead of the adoption of the new National Anti-Corruption strategy
140
.
Some further progress was achieved with regard to the resources of the Anti-
Corruption Mechanism (MENAC), which has taken up the majority of its tasks, while
there are areas where its competences have not yet been exercised.
The 2023 Rule of Law
Report recommended to Portugal to ‘[c]ontinue efforts made to ensure sufficient resources
[…] for the new Anti-Corruption Mechanism’
141
. In 2023, MENAC
142
took over the
competences of the former Council for the Prevention of Corruption. It is an independent
132
133
134
135
136
137
138
139
140
141
142
Information received from the Transparency International and Observatory of Economy and Fraud
Management in the context of the country visit to Portugal. Both the issue of evaluation and reporting are
expected to be addressed by the new Strategy for the period 2025-2028. Written input from Portugal to the
2024 Rule of Law Report.
In the context of the implementation of the National Anti-Corruption Strategy, the general regime for the
prevention of corruption and conflicts of interest imposes on private companies, public undertakings and
services forming part of the direct and indirect administration of the State, with 50 or more employees, the
obligation to adopt specific anti-corruption tools. General Regime for the Prevention of Corruption, Annex
to Decree-Law No. 109-E/2021 of 9 December 2009. 2022 Rule of Law Report, country chapter on the rule
of law situation in Portugal, p. 13.
Input from Portugal for the 2024 Rule of Law Report, p. 11. Article 215 of the Law No 82/2023 of 29
December.
Público, ‘Anti-corruption measures launched in 2021 have never been assessed’, 21 April 2024.
Information received from the Ministry of Justice in the context of the country visit to Portugal.
As recommended by GRECO. GRECO Fifth Evaluation Round – Evaluation Report, para. 41 –
Recommendation ii.
Programme of the 24
th
Constitutional Government, pp.78-82.
Portuguese Government, Anti-corruption Agenda.
The measures in the Anti-corruption Agenda include
i.a.
regulating lobby activities, fight against illicit
enrichment, reinforcing the protection of whistleblowers, implementation of risk plans for the State bodies
and entities, reinforce the use of legal offices of the state, avoiding the use of external legal advice or the
scrutiny of the decisions of the state bodies and entities (legislative footprint). Público, ‘Anti-corruption
package: protection of whistleblowers, fewer resources and more assets reverted to the State’, 20 June 2024.
The technical report accompanying the agenda was published on 2 July 2024 and is currently undergoing a
30-day public consultation. Written input from Portugal for the 2024 Rule of Law Report.
2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 2. The 2022 Rule of
Law Report had also recommended to Portugal to ‘Ensure sufficient resources for preventing, investigating
and prosecuting corruption including by ensuring the swift operationalisation of the New Anti-Corruption
Mechanism’. In the 2023 Rule of Law Report, the Commission concluded that some progress was made on
the recommendation.
Ministerial Implementing Order No. 155-B/2023 of 6 June 2023.
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entity with administrative and financial autonomy, whose mission is to promote transparency
and integrity in public action and to ensure the effectiveness of policies to prevent corruption
and related offences
143
. MENAC is competent to implement the General Corruption
Prevention Regime
144
, which is applicable to public and private entities with over 50
employees. During the first year of its activity, MENAC issued a Guide on the Instruments of
the General Corruption Prevention Regime
145
aiming at raising the level of compliance with
the new rules, which currently the authorities consider to be low
146
, and adopted the Training
Plan for integrity, transparency and corruption prevention 2024-2025
147
. While last year, no
violations of the rules guiding the General Corruption Prevention Regime were found and,
consequently, no sanctions were imposed by the Sanctions Committee for breaches
148
, on 20
May 2024, the Sanctions Commission decided to open the first investigation procedures for
breaches of the General Regime for the Prevention of Corruption
149
. On 1 February 2024,
MENAC addressed a recommendation to the Government on the need to adopt the tools to
prevent corruption risks and related offences
150
. In 2023, MENAC received 17 reports
denouncing corruption
151
while the online reporting channel started operating on 11 June
2024
152
. The electronic platform for the reception, automatic processing and storage of
compliance instruments is still in the tendering process, but MENAC expects it to be
operational at the end of 2024
153
. The Transparency Unit of the Presidency of the Council of
Ministers, acting in its inspection role and as part of the MENAC Advisory Council, carried
out a prior verification of 49 public entities, regarding the compliance with the requirements
referred to in article 5 of the General Regime
154
. Also, a round investigating public entities is
expected to be carried out by the Advisory Council (composed by the Inspectors-General of
143
144
145
146
147
148
149
150
151
152
153
154
The functions of this entity include: (I) monitor the application of the General Anti-Corruption Regime
(RGPC) and impose fines on offenders; (II) imposing fines on those who infringe the law on whistleblower
protection; (III) implement the national anti-corruption strategy in its preventive dimension – for example by
developing programmes and initiatives that promote a culture of integrity and transparency among young
people; (IV) supporting public authorities in drawing up compliance programmes; and (v) collect and
organise information related to the prevention and prosecution of corruption and related crimes.
Decree-Law No. 109-E/2021, of 9 December.
This Guide aims to provide general advice to public bodies and private entities, and it is a compliance tool
aimed at standardisation. It does not discuss different methodological approaches, risks, or shortcomings in
developing and implementing these compliance instruments. The Instruments of the General Regime for the
Prevention of Corruption: Some Indications and Explanatory Notes on Methodological Care for the
Preparation, Adoption and Dynamisation MENAC. Available at: https://mec-anticorrupcao.pt/wp-
content/uploads/2023/12/guia-n1-2023.pdf.
Information received from the Inspectorate-General of Finance (IGF) in the context of the country visit to
Portugal, in view of the results of the audit work developed in this subject.
Training Plan for integrity, transparency and corruption prevention 2024-2025 of 5 June 2024.
Input from Portugal for the 2024 Rule of Law Report, p. 9.
Written input from Portugal to the 2024 Rule of Law Report.
Recommendation 1/2024.
The number of complaints indicated corresponds to those received at MENAC in traditional ways by email
and by post. Information received from MENAC in the context of the country visit to Portugal.
Written input from Portugal to the 2024 Rule of Law Report.
Information received from MENAC in the context of the country visit to Portugal. MENAC
Recommendation No 2/2023 on the procedures to be followed by entities when sending the instruments
relating to regulatory compliance programmes to MENAC has already been published in the Official journal
(Diário
da República,
2nd series, 7 July 2023). MENAC has already received these instruments and has
started its analysis and monitoring of compliance in that part of the General Regime for the Prevention of
Corruption.
As stated in the 2023 Activity Report of the Internal Control System of State Financial Administration, page
24.
16
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the different Ministries) in 2024
155
. MENAC took up the majority of its tasks, but only in so
far as the oversight of the implementation of the General Regime
156
is concerned. However,
in principle its mandate is more extensive
157
and there is a need for guidance in certain
areas
158
, including sectoral studies and tailored recommendations
159
. Therefore, MENAC has
been carrying out studies, such as the analysis of judicial decisions communicated by the
Public Prosecutor's Office and the Courts in 2023, and has also produced recommendations,
such as Recommendation 7/2024 of 28 May on the monthly monitoring of the
implementation of the instruments of the General Regime for the Prevention of Corruption by
entities, and also the Training Plan for Integrity, Transparency and the Prevention of
Corruption 2024-2025
160
. All MENAC bodies are established
161
, however the recruitment
procedures for the remaining 13 vacancies show that there are some challenges to fill the
posts
162
. For 2024, MENAC has been allocated a budget of EUR 2,55 million (compared to
EUR 2,1 million for 2023)
163
. The Anti-corruption Agenda adopted on 20 June 2024 foresees
restructuring and strengthening of resources of the MENAC
164
. Stakeholders have raised
questions over the capacity of MENAC to exercise the tasks foreseen by its mandate
165
. In
light of these developments, some further progress has been made on the recommendation
made in the 2023 Rule of Law Report.
155
156
157
158
159
160
161
162
163
164
165
Art. 2, Decree-Law No. 109-E/2021, of 9 December. As a result, codes of conduct and other obligations
apply to entities with more than fifty employees but not to the Government; in accordance with the code of
conduct of the previous Government, approved in May 2022, those rules do not apply to the Ministers’
cabinets. Council of Ministers Resolution No. 42/2022, Approves the Code of Conduct of the XXIII
Constitutional Government, Preamble. Written input from Portugal for the 2024 Rule of Law Report.
The Law on Criminal Policy for the 2023-2025 Biennium, adopted on 28 August 2023, makes a general
reference to MENAC but it does not set any priorities, objective or guidelines, for the coordination between
the preventive work. Law 51/2023 of 28 August 2023.
‘Creating databases and operating a communication platform that facilitates the exchange of information on
strategies and good practices for the prevention, detection and repression of corruption and related offences
between public entities with responsibilities in this domain’. Art. 2 (j) of the Decree-Law no. 109-E/2021, of
9 December.
Especially in the light of the GRECO recommendation on the need to develop a plan for the prevention of
risks of corruption specific to persons with top executive functions, which should be subject to regular
monitoring by the National Anti-Corruption Mechanism (GRECO Fifth Evaluation Round, para. 48,
recommendation iv).
Coroado, S. (2022), The new anticorruption law in Portugal: from a failed past into an uncertain future. La
Ley compliance penal, 5.
Written input from Portugal for the 2024 Rule of Law Report.
Chair; Vice-President; Advisory Board (composed of 13 members); Monitoring Committee (composed of six
Inspectors); and Sanctions Commission (four Inspectors). The Sanctions Commission was the last body to be
established and took office on 2 October 2023. Input from Portugal for the 2024 Rule of Law Report, p. 8.
Out of 27 posts,13 posts are filled, and 14 vacancies remain vacant. Input from Portugal for the 2024 Rule of
Law Report, p. 8. Overall, the public service in Portugal does not offer attractive conditions of employment
and this issue has also an impact on the ongoing recruitment in MENAC. Information received from the
MENAC in the context of the country visit to Portugal. Público, ‘Anti-corruption agency justifies inaction
with difficulty in recruiting staff’, 21 April 2024.
On 21 July 2023, MENAC concluded a financing contract with the Mission Structure “RECUPERAR
PORTUGAL” for the “Economic Justice and the Environment of Business/MENAC”, falling under
Component C18 – Economic Justice and Business Environment, of the Recovery and Resilience Plan (RRP)
for the development of the monitoring information system of the National Anti-Corruption Strategy.
Portuguese Government, Anti-corruption Agenda, Measure No. 16.
Information received from Transparency International and OBEGEF in the context of the country visit to
Portugal.
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Some further progress was made with measures to ensure sufficient resources for
preventing, investigating and prosecuting corruption.
The 2023 Rule of Law Report
recommended to Portugal to ‘[e]nsure sufficient resources for preventing, investigating and
prosecuting corruption’
166
. While the issue of resources at the level of the police and
prosecution services remains a challenge to the prosecution of corruption-related cases, some
stakeholders reported the first positive impact of the measures on the fight against
corruption
167
. Firstly, the recruitment procedures in both the police and the prosecution were
announced
168
. Those efforts are supported by the 2024 state budget which foresees an
increase of the Justice budget by EUR 543 million compared to 2023, with a total of EUR
1.961 billion
169
. Secondly, as a result, the number of employed and subsequently trained
police officers is increasing
170
. On 1 November 2023, the Judiciary Police had 338 persons
involved in corruption-related investigations (out of overall 1358 employees involved in
investigations)
171
and 70 persons in financial, accounting and IT units (in comparison to 43 in
2019)
172
. The limited number of technical advisers continues to be raised as a concern by
prosecutors
173
. The issue of insufficient resources also concerns the adjudication of
corruption-related cases
174
. Overall, various measures ensuring the necessary resources to the
relevant authorities were announced and the recruitment and training of the new staff is
ongoing, but the completion of these processes initiated in 2023 will have to be ensured
166
167
168
169
170
171
172
173
174
2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 2. The 2022 Rule of
Law Report had also recommended to Portugal to ‘Ensure sufficient resources for preventing, investigating
and prosecuting corruption including by ensuring the swift operationalisation of the New Anti-Corruption
Mechanism’. In the 2023 Rule of Law Report, the Commission concluded that some progress was made on
the recommendation.
Information received from the Prosecution Service and the Judicial Police in the context of the country visit
to Portugal.
According to the multi-year plan (2023-2027), recruitment of 750 criminal investigators, 250 forensic police
members, and 100 security force workers is expected between 2022 and 2026 (Portaria No. 245/2022). On
15 February 2024, the Judiciary Police held a graduation ceremony for 80 inspectors. A further 150
inspectors will graduate in the last quarter of 2024. A recruitment drive for 150 inspectors, forensic
specialists and security personnel was recently completed. Written contribution from the Judiciary Police in
the context of the country visit to Portugal.
2024 State Budget Justice. Available at https://oe2024.gov.pt/justica/.
The Public Prosecutor’s Office has been reinforced through appointment of specialists. Currently DCIAP’s
management is composed of 49 magistrates, while the Technical Advice Unit (NAT) has been reinforced by
two more specialists and is still expected to recruit two more technicians in the near future, which would
expand the team to 19 persons. Input from Portugal for the 2024 Rule of Law Report, p. 7. Statistical data
relating to corruption-related offences 2023.
Increase from 259 employees (in 2019) to 338 in 2023. Also, on 29 October 2023 the Judiciary Police was
reinforced with 600 persons coming from the Foreigners and Borders Service that will be training in
investigations. Input from Portugal for the 2024 Rule of Law Report, p. 7.
Input from Portugal for the 2024 Rule of Law Report, p. 7. NB: the Ministerial Order No 245/2022 of 27
September 2022 in the context of the National Anti-Corruption Strategy 2020-2024, the programme for
recruiting staff for the careers of criminal investigation, forensic and security specialist at the Public
Prosecutor’s Office is ongoing for the period 2022-2026. Ministry of Justice, Press release of 20 November
2023, ‘135 vacancies open for new magistrates’.
Information received from the High Council for the Public Prosecution and the Prosecutors Union in the
context of the country visit to Portugal. See also contribution from Magistrats Européens pour la Démocracie
et les Libertés (MEDEL) – Portugal for the 2024 Rule of Law Report, p. 13.
While the recruitment of new magistrates has been launched in November 2023, there is still a need to
address the lack of additional staff, particularly clerks, which results in delays in administrative procedural
acts. See also Pillar I – Justice System, Quality. Ministry of Justice, ‘135 vacancies open for new
magistrates’, 20 November 2023.
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during the new legislature. Therefore, some further progress has been made on the
recommendation made in the in the 2023 Rule of Law Report.
Corruption cases are being investigated as a matter of priority.
Overall, investigations of
corruption related offences are prioritised
175
, and the DCIAP opened 4631 new investigations
concerning corruption-related offences in the period between 1 January and 23 November
2023 (in comparison to 3598 in 2022)
176
. There are currently 12 ongoing cases concerning
foreign bribery, including three cases opened since July 2023
177
and the recommendations put
forward by OECD
178
, mentioned in the 2023 Rule of Law Report
179
, are currently being
considered. According to the first MENAC Annual Report, more than half of suspected
corruption cases concern the local government
180
. A criminal investigation was launched in
2023 regarding potential corruption involving politicians
181
. The cooperation with the EPPO
is going well, the number of European Delegated Prosecutors was raised from 4 to 6 and in
2023 the EPPO investigated 13 corruption cases which accounts for 6% of the total number
of EPPO cases in Portugal
182
.
New legislation on revolving doors introduced stricter penalties.
Following a public
debate triggered by an investigation into a possibly high-level corruption case
183
, new
legislation
184
on revolving doors was adopted and entered into force on 20 February 2024.
The new rules cover holders of executive political positions
185
and prohibit employment in
the private sector in certain cases
186
. The ban on taking up new public functions for breaching
the rules was increased from three to five years
187
. In addition, companies hiring former
government officials in breach of the current rules are prevented from benefiting from
175
176
177
178
179
180
181
182
183
184
185
186
187
Special priority is to be given to investigating the offences of corruption, trafficking in influence,
embezzlement, and economic participation in business, including those committed by political or high-level
public office holders. Directive 1/2023 of 14 December 2023.
Statistical data relating to corruption-related offences 2023.
Written contribution from the Judiciary Police in the context of the country visit to Portugal. According to
the directive 1/2023, of 14 December, any investigations, reports, contributions or complaints on the foreign
bribery are expected to be immediately transmitted to DCIAP.
OECD (2022), Implementing the OECD Anti-Bribery Convention Phase 4 Report: Portugal.
2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 14.
Anti-Corruption Mechanism Annual Report 2023.
The investigation is referred to as
Operation Influencer.
SIC Notícias, ‘Legalising lobbying? Operation
Influencer brings the issue back into debate’, 14 November 2023. Cabinet of the Prosecutor General, Press
release of 7 November 2023
A large case has been opened in Porto against 12 suspects and 15 companies, following an investigation into
a massive scheme of intra-Community VAT fraud (Admiral investigation). Input from Portugal for the 2024
Rule of Law Report, p. 11. See also the EPPO’s 2023 Report, p. 49.
The case of the former Secretary of State for Tourism who moved from the Government to the private
company to which she granted previously tourist utility status sector. Portugal Resident, ‘“Illegal” ‘revolving
door’ manoeuvre sees ex-Secretary of State ensconced in project she championed’, 8 January 2023.
Law No. 25/2024, of 20 February, amending Law 52/2019 (Regime for the exercise of functions by political
and high public office holders).
Art. 3, Law No. 52/2019, as amended.
Art. 1, Law No. 52/2019, as amended. The new rules apply to holders of executive political positions who,
after government functions, cannot take up positions for three years in private companies operating in the
sector which they previously held (even through having shares), and which, during their term of office, have
been privatised, have benefited from financial or contractual incentives, or in respect of which the policy
was directly involved.
Art. 11.3, Law No. 52/2019, as amended.
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financial or tax incentives for a period between three and five years
188
. However, currently no
specific entity has been entrusted the role of addressing breaches of post-employment
restrictions
189
.
A new Code of Conduct applicable to the Government and high-level officials was
adopted.
As mentioned in the 2023 Rule of Law Report
190
, concerns had been expressed
regarding the supervision and monitoring of integrity issues and the lack of a related
enforcement mechanism with regard to Government officials
191
. Since the 2023 Rule of Law
Report, the integrity questionnaire introduced last year appears not to have brought added
value in terms of corruption prevention, and the criticism regarding its application
increased
192
particularly in light of the criminal investigations which ultimately led to the
resignation of the Prime-Minister, and subsequent dissolution of Parliament
193
. In April 2024,
the new Government adopted its Code of Conduct which explicitly refers to the possibility of
dismissal in case of violation of the Code and foresees the creation of a whistleblowing
channel and a corruption risk prevention plan
194
. The Code applies to the members of the
Government as well as to the members of their cabinets, to all senior managers of the public
administration under the direction of the Government, as well as to managers and managers
of institutes and state-owned enterprises
195
. A number of measures regarding integrity were
listed in the programme of the new Government adopted in April 2024
196
. Some of these
measures have been put in place, such as a new training plan on integrity standards,
confidential counselling on ethical issues to all cabinet staff, a new training plan to provide
188
189
190
191
192
193
194
195
196
Art. 11.4, Law No. 52/2019, as amended. Those changes are in line with the recent GRECO
recommendations, as long as an effective enforcement mechanism is established. GRECO Fifth Evaluation
Round, para. 96, recommendation v.
2021 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 12.
2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, pp. 14-15.
The 2019 Regime for the exercise of functions by holders of political offices and high public offices
determines that all political office holders, judges, prosecutors, and senior public officials must submit
declarations of interests and assets. Political office holders, senior public officials and the members of the
judges and prosecutors high councils must submit the statements to the Constitutional Court. Law No.
52/2019 of 31 July: Approves the regime for the exercise of functions by holders of political and high public
offices, Arts. 2 – 5 and 13 – 21; in addition, MPs and government members must submit a declaration of
interests to Parliament, which publishes them on the official website.
The doubts concerning the questionnaire are also related to the use of personal data of the persons in
question. Expresso, Constitutionalists raise “doubts” about Government questionnaire, 20 January 2023.
See also Pillar I – Justice System, Independence, and Pillar IV – Other institutional issues related to checks
and balances. Portuguese Government, Press release of 7 November 2023, ‘The dignity of the office of
Prime Minister is not compatible with suspicion of his integrity’.
Council of Ministers Resolution No. 64/2024, of 24 April. Overall, GRECO issued a number of
recommendations for all persons with top public functions in view of revising the current integrity system to
make it clearer, enforceable and the relevant information publicly available in a timely manner. GRECO
Fifth Evaluation Round – Evaluation report, paras. 53, 62 and 90, recommendation i. GRECO also
recommended that Portugal should ensure that similar disclosure requirements of income, assets, interests,
incompatibilities, and disqualifications applying to members of the Government be extended to all persons
with top executive functions. GRECO Fifth Evaluation Round – Evaluation report, para. 100.
Recommendation xii.
Article 2 of the Council of Ministers Resolution No. 64/2024, of 24 April.
Those are e.g. regulating lobbying, including creation of the lobby register and the transparency register
code of conduct, rendering publication of the meetings of all political and senior public office holders with
interest groups, adopting a legislative footprint. Programme of the 24
th
Constitutional Government, p. 79.
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formal training on integrity to all members of Government and cabinet staff, not only by
direct counselling upon appointment, but also at regular intervals
197
.
There was some further progress in relation to ensuring effective monitoring and
verification of asset declarations by the Transparency Entity.
The 2023 Rule of Law
Report recommended to Portugal to ‘[e]nsure the effective monitoring and verification of
asset declarations by the Transparency Entity’
198
. On 6 March 2024, the reform to entrust
monitoring and verification of asset declarations of political and senior public officials to the
Transparency Entity established in 2019
199
entered into force
200
. Civil society organisations
expect this reform to be a turning point in terms of transparency and effectiveness
201
. The
task for the verification of asset declarations, previously exercised by the Constitutional
Court, passed to the Transparency Entity. The Transparency Entity remains independent in
executing its primary function
202
, but it is administratively and financially dependant on the
Constitutional Court. The Transparency Entity has its own staff
203
, headquarters (Palácio dos
Grilos, in Coimbra), and the digital platform to handle asset declarations is now
operational
204
. However, some concerns related to the functioning of the Entity have been
raised, in particular in relation to the geographical distance from the Constitutional Court, the
current lack of the interoperability of the platform, in particular with the Bank of Portugal and
the potentially burdensome manual checks of the information insterted in the platform
205
.
197
198
199
200
201
202
203
204
205
As recommended by GRECO. GRECO Fifth Evaluation Round – Evaluation Report, Recommendation vi.
2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 2. The 2022 Rule of
Law Report had also recommended to Portugal to ‘Ensure the start of operations of the Transparency Entity
in view of effective monitoring and verification of asset declarations.’ (2022 Rule of Law Report, Country
Chapter on the rule of law situation in Portugal, p. 2). In the 2023 Rule of Law Report, the Commission
concluded that some progress was made on the recommendation.
Art. 5 of Organic Law No. 4/2019, of 13 September, provides that until the establishment of the
Transparency Entity, single declarations of income, assets and interests continue to be filed with the
Constitutional Court and scrutinised under the previous regime.
Regulation No. 258/2024, of 6 March. The Regulation standardising procedures for the computerised
registration of single declarations of income, assets, interests, incompatibilities and impediments for political
office holders, high-level public office and equivalent was published on 6 March 2024 and entered into force
on the same day.
The use of the electronic platform, now mandatory by law, makes is expected to be safer, faster and more
efficient to verify the filing and the formal conformity between successive declarations by the same
declarant (declarations when entering office, when updating assets, when leaving office, and three years after
leaving office). Information received from the Transparency International and Observatory of Economy and
Fraud Management in the context of the country visit to Portugal.
The Transparency Entity is an independent body, which means that the Constitutional Court has no power to
control the way in which it carries out its functions. The role of the Constitutional Court is a judicial one and
will be limited to deciding appeals against decisions of the Transparency Entity.
The President and the two members took office on 15 February 2023 and are now in office. The staff
currently consists of eight members, including the three managers, and an additional IT technician is soon to
be employed. Input from Portugal for the 2024 Rule of Law Report, p. 9.
The development of the Electronic Platform for Processing the Single Declaration of Income, Heritage,
Interests, Incompatibilities and Impairments, the contract of which was signed on 9 May 2022, has been
completed and its provisional acceptance took place on 30 May 2023. A training event in this regard took
place from 9 to 13 October 2023. The use of the Electronic Platform in testing environment has already
taken place. Input from Portugal for the 2024 Rule of Law Report, p. 9.
Information received from the Transparency Entity in the context of the country visit to Portugal. This would
also be in line with the GRECO recommendation on ensuring substantive checks with the related
proportionate sanctions in cases of breaches. GRECO Fifth Evaluation Round – Evaluation report, para. 104.
In parallel, GRECO recommended ensuring effective functioning of the Transparency Entity as a matter of
priority. GRECO Fifth Evaluation Round – Evaluation report, para. 104. Recommendation xiv.
21
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While the Transparency Entity started operations in legal terms, the task of ensuring effective
monitoring and verification of asset declarations remains to be confirmed
206
. In view of the
above, some progress has been made on the recommendation made in the 2023 Rule of Law
Report.
The legal framework for political party financing has come under public scrutiny.
In
July 2023, an investigation launched by the judiciary police triggered a public debate over the
alleged lack of clarity of the laws on political financing
207
. It concerned suspicions regarding
alleged use of funding allocated to parliamentary groups to finance the activities of political
parties
208
. As a result, some parliamentary groups called for amendments to the law on
political party financing, in order to clarify these aspects
209
. While no bills were yet proposed
in this regard, the Government programme includes extending anti-corruption rules to
political parties, among others, making it compulsory to implement risk prevention plans
210
.
The Government announced plans to regulate lobbying, through the creation of a
transparency regime and a Code of Conduct.
Portugal remains without rules on lobbying,
despite long standing GRECO recommendations
211
. In 2023, the lack of regulation on
lobbying was the subject of criticism. Stakeholders have underlined the lack of progress in
this area and have urged the Government to introduce the relevant measures as a matter of
priority
212
. The discussions on a new bill that took place in early 2024 before the dissolution
of the Parliament were not conclusive
213
but the first consultations with the political groups in
the new Parliament indicate a common interest in regulating lobbying
214
. While no concrete
proposals have been put forward so far, a number of measures regarding lobbying were listed
in the programme of the new Government presented in April. The regulation of lobbying was
announced in the Anti-corruption Agenda of June, which includes a Code of Conduct for
206
207
208
209
210
211
212
213
214
It is, therefore, expected that following the parliamentary elections on 10 March and the submission of the
relevant declarations by the new Members of Parliament and members of the Government within 60 days
from the date they enter office, the Transparency Entity will monitor and verify them.
This happened in the context of an investigation involving one political party and its previous leadership.
The unclarity regards using funds from the parliament dedicated to paying advisors of parliamentary groups,
which were used to pay party employees who did not work on parliament’s premises. CNN, ‘PSD confirms
searches in national and Porto headquarters’, 12 July 2023.
Observador, ‘PS wants to clarify that the law allows resources to be shared between parties and
parliamentary groups’, 14 July 2023.
RTP, ‘PS will propose an amendment to the law on party financing’, 14 July 2023.
Programme of the 24
th
Constitutional Government, p. 81.
GRECO Fifth Evaluation Round – Evaluation report, para. 70.
Information received from Transparency International and OBEGEF in the context of the country visit to
Portugal. See also Transparency International, Analysis by Transparency International reveals that the fight
against corruption in Portugal is not advancing and has flaws in terms of integrity in politics, 30 January
2024. Transparency International, TI Portugal proposes to the parties a list of measures to prevent
corruption, 8 February 2024. While it is difficult to determine the content of the future regulation, it seem
probable that it may be impacted by the current heated political debate with regard to the defining lines
between lobbying and influence peddling. RTP Notícias, ‘There’s nothing irregular about it’, 9 November
2023. Politico, ‘Politicians should refrain from negotiating at the table, judges advise’, 18 April 2024.
Information received from the Services of the Assembly of the Republic in the context of the country visit to
Portugal.
Eco, ‘Parties agree to point batteries at the regulation of lobbying’, 22 April 2024.
22
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lobbying, as well as a register of interest representatives and meetings that took place with
public officials
215
.
While the current legislative framework regarding whistleblower protection is being
efficiently implemented, strengthening of the protection of whistleblowers in cases of
corruption was announced.
The Inspectorate-General of Finance (IGF), providing both
internal and external reporting channels
216
, received 35 whistleblower reports through the
external reporting channel by 19 November 2023 (against 22 reports in 2022)
217
. As regards
the single regional channel
218
, created by the Government of the autonomous region of
Madeira, 37 reports were received in 2023
219
. In the first eleven months of 2023, the number
of reports received through the external channel available on the Public Prosecutor’s Office
Portal
220
was 1 748 (492 complainants were subsequently recognised as whistleblowers)
221
.
The Anti-corruption Agenda adopted on 20 June 2024 announced strengthening the
protection of whistleblowers in cases of corruption (including in retaliatory and unfounded
judicial proceedings)
222
. GRECO recommended strengthening the protection of
whistleblowers within the Public Security Police and the National Republican Guard,
particularly by fully implementing internal reporting channels as well as by conducting
dedicated training and awareness-raising activities about whistleblower protection measures
for all levels of hierarchy and chains of command
223
.
Concerns regarding the transparency of decision-making in public procurement
remain.
The Flash Eurobarometer on Businesses’ attitudes towards corruption in the EU
shows that 24% of companies in Member States (EU average 27%) think that corruption has
prevented them from winning a public tender or a public procurement contract in practice in
the last three years
224
. The recent criminal investigation leading to the dissolution of
Parliament revealed integrity risks linked to the National Interest Projects (PINs), which
constitute an exceptional regime linking Governments and businesses. Based on the current
rules, administrative procedures in relation to those projects are processed more quickly and
effectively, namely through priority appraisal, as well as the simultaneous processing of
managerial procedures or the reduction of procedural deadlines, in cases where this is
decisive for the effective implementation of the project. PIN classification and monitoring are
215
216
217
218
219
220
221
222
223
224
Those are e.g. regulating lobbying, including creation of the lobby register and the transparency register
code of conduct, rendering publication of the meetings of all political and senior public office holders with
interest groups, adopting a legislative footprint. Programme of the 24
th
Constitutional Government, p. 79.
Law No. 93/2021, of 20 December.
Ten of the complaints were forwarded from external entities, 15 from IGF’s competence centres, nine
without referral and one repeated complaint. Input from Portugal for the 2024 Rule of Law Report, p. 13.
Official website: https://canaldenuncias.madeira.gov.pt/.
In the Regional Administration of the Azores a waiver channel was set up across all the departments of the
regional government, which is part of the project “Call for Public APR – New Generation”, a measure which
aims to increase effectiveness and efficiency and to enhance the value of the public service provided in the
Azores, focusing the public administration’s action on the current needs and expectations of citizens and
businesses. Input from Portugal for the 2024 Rule of Law Report, p. 14.
Official website: https://simp.pgr.pt/dciap/denuncias/index2.php.
Statistical
data
relating
to
corruption-related
offences
2023.
Available
at:
https://www.ministeriopublico.pt/sites/default/files/documentos/pdf/corrupcao_e_crimes_conexos_2023.pdf.
Portuguese Government, Anti-corruption Agenda, Measure No. 16.
GRECO Fifth Evaluation Round – Evaluation report, para. 210. Recommendation xxvii.
Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024). This is 3 percentage
points below the EU average.
23
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made by a Monitoring Committee (CPAI) of representatives of several public agencies and
government members
225
. In parallel, stakeholders raise concerns related to possible
discretionary decision-making when approving PIN projects
226
and lack of sufficient scrutiny
over the ongoing ones
227
as well as concerns related to environment protection
228
. At the end
of October 2023, 49 projects had the PIN status (for the amount of EUR 21 265 million), four
of which have enjoyed that status for 20 years
229
. In 2022 and 2023, 25 new investments
gained the PIN status and accounted for 20 per cent of all PIN projects since the mechanism
was created which constitutes a significant acceleration in the approval rate at which these
projects are approved
230
.
III.
M
EDIA
P
LURALISM AND
M
EDIA
F
REEDOM
The fundamental principles underpinning media freedom and pluralism are enshrined in the
Portuguese Constitution
231
and a comprehensive legal framework exists protecting journalists
in the exercise of their profession
232
. The establishment of an independent regulatory body is
also mandated in the Constitution
233
. A solid legal framework
234
is in place regarding the
transparency of ownership across all media markets. Access to information and documents
held by public authorities is safeguarded through legislation
235
.
The Media Regulatory Authority further consolidated its central role, having been
attributed new powers on state advertising.
Following the entry into force of amendments
to the Law on State Institutional Advertising, the Media Regulatory Authority (ERC) has
seen its powers strengthened, namely in the context of the obligations of communication and
transparency in the acquisition of advertising space by state authorities
236
. In July 2023, ERC
submitted two proposals to amend the Radio Law
237
and the Press Law
238
to the Assembly of
225
226
227
228
229
230
231
232
233
234
235
236
237
238
The Council of Ministers decides the approval, amendment, suspension or ratification of territorial
management instruments necessary to implement PINs. Decree-Law No. 154/2013, of 5 November.
Contribution received from the Transparency International and Observatory of Economy and Fraud
Management in the context of the country visit to Portugal.
In at least one of the cases, Quinta da Barrosinha, in Alcácer do Sal, the project is already completed and
operational but it constitutes, however, a different investment from the one approved in 2008. Rádio
Renascença, ‘There are investments that have been PIN for almost 20 years’, 6 December 2023.
Some of these projects have controversial licensing processes, such as the Douro Marina Hotel, whose
construction was in the news for jeopardising the region's classification as a UNESCO World Heritage Site.
Rádio Renascença, ‘There are investments that have been PIN for almost 20 years’, 6 December 2023.
Rádio Renascença, ‘There are investments that have been PIN for almost 20 years’, 6 December 2023.
In view of IGF’s responsibilities as Audit Authority of the European funds, namely in the audits concerning
certified operations, PIN projects are also audited, with the aim of validating the legality and regularity of
the expenditure. Annex to the input from Portugal for the 2024 Rule of Law Report.
Arts. 37 and 38, Constitution of the Portuguese Republic.
Portugal ranks 7
th
in the 2024 Reporters without Borders World Press Freedom Index compared to 9
th
in the
previous year.
Art. 39, Constitution of the Portuguese Republic.
Law No. 78/2015, of 29 July.
Law No. 26/2016, of 22 August.
Law No. 19/2023 of 12 May 2006, which extends the scope of Law No. 95/2015 on institutional advertising.
See also input from Portugal for the 2024 Rule of Law Report, p. 18.
Law No. 54/2010, of 24 December.
Law No. 2/99, of 13 January.
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the Republic
239
for consideration and discussion. As regards the Radio Law, the proposal
identifies a number of aspects that should be revised with a view to address doubts of
interpretation of the law, difficulties of application of the law, and to allow for greater
dynamism of the activity of the radio. For the Press Law, the proposal aims to expand the
scope to cover online media as well. The follow up for these two proposals will depend on
further action during the new legislature. Regarding the resources allocated to the media
regulator, the MPM 2024 for Portugal considers that although somewhat inadequate, they
allow the ERC to perform its function
240
.
The breach of the provisions on transparency of media ownership by one media group
triggered discussions on the need to amend the legislative framework.
The monitoring of
transparency of media ownership is an area under the responsibility of the ERC
241
. As
indicated in the 2023 Rule of Law Report there were concerns about the veracity of the
information provided in some cases
242
. The acquisition of one of the largest media
organisations in Portugal, by an investment fund, which was followed by a series of highly
controversial decisions (including asset seizure, non-payment of salaries, and collective
dismissals) prompted journalists to protest, bringing the issue into public discussion and to
the political level in Parliament
243
. Despite the discussions, no further amendments to the
legislative framework were pursued
244
. These events prompted ERC to open an
administrative case concerning the non-compliance with the Transparency Law
245
, finding
breaches of the law and suspending the voting rights of the investment fund in the media
company
246
, although the ERC’s actions were seen as coming late
247
. The media landscape in
Portugal is highly concentrated and the MPM 2024 for Portugal thus sees a high risk for
media plurality
248
.
The public service media provider continues to face challenges regarding its resources.
Rádio e Televisão de Portugal (RTP), the public service media provider, offers a variety of
channels and faces the need to adapt its offer to the changing needs and consumption habits
239
240
241
242
243
244
245
246
247
248
This submission was made under the provisions in Art. 25 of the ERC’s Statutes, which establish that the
Entity, on its own initiative, may suggest or propose measures of a political or legislative nature in matters
pertaining to its remit.
Media Pluralism Monitor 2024 for Portugal, p. 13.
Law No. 78/2015, of July 29, which regulates the promotion of transparency of ownership, management,
and financing of entities that carry out media activities. ERC collects and verifies the information reported
by entities under the legal provisions of transparency and displays it in the Transparency Portal. The Portal is
also a gateway for interaction with users because it is the channel to reply to several information requests
addressed to ERC. The Portal is continuously evaluated, and improvements introduced to facilitate the
consultation of data and interaction with users. Similarly, the restructuring of the Transparency Platform and
its back office continues, to facilitate usability by regulated entities when reporting the elements required
under the transparency regime.
2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 18.
A Parliamentary Inquiry Commission was created; further information available at:
https://www.parlamento.pt/ActividadeParlamentar/Paginas/DetalheAudicao.aspx?BID=148707.
2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 18.
Art. 14, Transparency law.
ERC’s decision suspended, as well, the patrimonial rights and imposed financial safeguard measures. ERC,
Deliberation of 19 March 2024.
Information received from the Union of Journalists and the Journalists Professional License Commission, in
the context of the country visit to Portugal.
Media Pluralism Monitor 2024 for Portugal, p. 15.
25
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of its public
249
. At the same time, it needs to ensure compliance with legal obligations, like
media literacy. However, there are challenges to financial resources, that do not allow it to
keep up with those developments and missions
250
. In particular, the fact of not updating the
annual audiovisual tax since 2017 has an ever-increasing annual impact with a cumulated loss
of income of EUR 55,46 million for the 2017-2023 period
251
. Its human resources are also
strained, as the hiring of new staff, including to compensate for retirements and terminations,
is subject to the general rules of recruitment applicable to the civil service
252
. Preliminary
work has been done at working group level to prepare a new concession contract with RTP,
in line with the conclusions of the 2023 White Paper on the public service media
253
.
There is now wide support for the LUSA News Agency.
While some concerns had been
voiced in the past as to the shareholding structure of the news agency
254
, at present there is a
wide consensus among stakeholders in support of the agency as it is seen as playing an
essential role in parts of the country where news would not otherwise reach the public
255
.
Nevertheless, concern has been voiced about the risk that LUSA content could increasingly
be used by some outlets as a way of replacing the work done by in-house journalists
256
. While
in August 2023 the Government had shown interest in acquiring new participations in the
news agency
257
, this possibility was not achieved
258
. However, the current Government
intends to execute said acquisition until the end of 2024
259
.
Tax incentives to encourage the subscription of written media had a positive effect.
As
mentioned in the 2023 Rule of Law Report
260
, provisions were introduced in the 2023 budget
law for the reimbursement of VAT for subscriptions to newspapers and written media against
the 2024 income tax
261
. According to the authorities, the incentives have totalled around
EUR 568 000
262
. This measure has been considered as positive, although journalist
representatives consider it insufficient to address the problem of the huge decrease in the
sales and in the number of newspapers’ readers
263
. Journalists stress that there is a need for a
structural approach, encompassing support for the media access, media literacy and its
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
According to the European Parliament’s Flash Eurobarometer: News & Media Survey 2023, 65% of
respondents in Portugal stated that they trust public TV and radio stations, below the EU average of 48%.
Information received from RTP in the context of the country visit to Portugal.
RTP, ‘Memorandum on updating the value of the audiovisual tax’. This is in spite of the fact that the amount
collected by virtue of the audiovisual tax has continually increased in the relevant period.
Information received from RTP in the context of the country visit to Portugal.
Information received from the Secretariat General of the Presidency of the Council of Ministers in the
context of the country visit to Portugal and White Paper on public service media.
Feared as too private, as noted in 2023 Rule of Law Report, Country Chapter on the rule of law situation in
Portugal, p. 19. Concerns regarding the possibility of public interference were voiced later in 2023, when the
Government announced interest in taking up shares from private shareholders.
Information received from Journalists Trade Union in the context of the country visit to Portugal.
Information received from the Journalists Professional License Commission, in the context of the country
visit to Portugal.
Currently owned by the Global Media Group – see paragraph on transparency of media ownership.
Portuguese Government, Press release of 30 November 2023.
Written contribution from the Portuguese Government in the context of the country visit to Portugal.
2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 20
Law No. 24-D/2022, of 30 December, approving the State budget for 2023.
Information received Secretariat General of the Presidency of the Council of Ministers in the context of the
country visit to Portugal.
Information received from Journalists Trade Union in the context of the country visit to Portugal.
26
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financing
264
. The current Government intends to address these concerns until the end of
2024
265
.
Concerns about the precarity of journalist posts and deteriorating working conditions
have increased, leading to a journalists’ strike.
While journalists have been complaining
for some years about the deterioration of the working conditions
266
, a change in the
ownership of Global Media Group
267
, one of the biggest national media groups, triggered a
strong reaction from journalists
268
. While other minor cases (concerning layoffs in particular)
also happened in 2023, this case had a triggering effect. Decisions concerning asset
management, non-payment of salaries for two months, allegations of interference with
editorial freedom, and the announcement of collective dismissals were contested and strongly
opposed by journalists
269
, with punctual strikes and an important effort to make the situation
widely known to the public and brought to the political sphere. The media regulator initiated
an investigation into the impact of the restructuring of the Global Media Group, having
concluded that there were several instances of wrongdoing by the administration
270
.
Following months of instability, a restructuring process is underway with negotiations
ongoing for the acquisition of several of Global Media Group’s outlets by Portuguese
investors
271
. For the first time in seven years, a Congress of Journalists was convened 18-21
January 2024 to face the ‘state of emergency for national journalism’
272
. For the first time in
40 years, Portuguese journalists went on a general strike on 14 March 2024
273
. According to
the Journalists’ Trade Union, more than 40 national, regional, and local media outlets
participated
274
, including the LUSA News Agency. The strike was called amid concerns
regarding low salaries, precariousness and what is considered to a be a sharp deterioration of
working conditions. The President of the Republic, as well as leaders of political parties with
parliamentary representation expressed their solidarity to the journalists on strike
275
.
While there is a strong legal framework regarding the practice of journalism and the
right to inform, as well as guaranteeing protection of the fundamental right not to
reveal sources, concerns have been expressed regarding the increasing number of
threats to journalists.
Portugal possesses a strong legal framework on various aspects of the
safety of journalists
276
. However, the Council of Europe Platform to promote the protection
264
265
266
267
268
269
270
271
272
273
274
275
276
Information received from Journalists Trade Union in the context of the country visit to Portugal; see also
Congress of Journalists, Conclusions of the 5
th
Congress of Journalists.
Written contribution from the Portuguese Government in the context of the country visit to Portugal.
2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 19.
Global Media Group is an important group because of the geographical spread, the variety, the history and
the reputation of the media outlets it owns.
European Federation of Journalists, ‘Portugal: Solidarity with strikers from Global Media Group’, 12
January 2024.
Information received from the Journalists Trade Union in the context of the country visit to Portugal.
Including of illegitimate attempts to interfere with the editorial freedom and autonomy of different news
outlets of the group. ERC, Press release ‘ERC concludes investigation on the impact of the restructuring of
Global Media Group on the pluralism of information and editorial lines’, of 30 May 2024.
Diário de Notícias, ‘ERC greenlights aquisition of Global Media outlets by Notícias Ilimitadas’.
Information available at: https://congressojornalistas.pt/sobre/.
Journalists Trade Union, ‘General strike of journalists silences forty media organs’, 14 March 2024.
Ibidem.
Renascença, ‘Marcelo highlights “fundamental role of journalism” on strike day’, 14 March 2024; Público,
‘BE, PCP, Livre and PAN attended the journalists’ strike and called for their “value”’, 15 March 2024.
Media Freedom Rapid Response assessment for Portugal: https://www.mfrr.eu/portugal-press-freedom-
remains-robust-even-as-media-face-resource-strains/.
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of journalism and safety of journalists has registered four alerts since the adoption of the
2023 Rule of Law Report, three of which are still active
277
and all concern journalists being
physically attacked while covering events. Stakeholders expressed concerns that this appears
to be a trend
278
. The Media Freedom Rapid Response monitor for Portugal reported five more
alerts since July 2023, which also concerned such incidents and verbal attacks
279
. An instance
of violence by police has been reported
280
. A criminal investigation was also initiated
following the attack on the headquarters of an online newspaper and radio
281,282
. No SLAPP
cases were reported since the publication of the 2023 Rule of Law Report
283
.
IV.
O
THER
I
NSTITUTIONAL
I
SSUES RELATED TO
C
HECKS AND
B
ALANCES
Portugal is a representative democratic republic with a directly elected President and a
unicameral Parliament. The President of the Republic, elected by direct popular vote, has
significant constitutional and political powers, including the competence to dissolve
Parliament
284
. The Prime Minister has the competences to direct the Government’s general
policy and to coordinate and orient the actions of all the Ministers
285
. Parliament and
Government share legislative competence. The Members of Parliament and the Parliamentary
Groups, the Government, the Regional Assemblies, and a group of at least 20 000 citizens
have the right of legislative initiative. The Constitutional Court, which is part of the judiciary,
is competent to review the constitutionality of laws and to control the constitutionality of the
omission to adopt the necessary legislative measures to execute constitutional norms
286
; it
also has other important powers, including on electoral matters and control of assets, interest
disclosure and incompatibility declarations
287
. The independent Ombudsperson is tasked with
safeguarding and promoting the freedoms, rights and guarantees of citizens, and has the right
to challenge the constitutionality of laws. The Commission for Citizenship and Gender
Equality and the Commission for Equality in Labour and Employment are the equality
bodies.
277
278
279
280
281
282
283
284
285
286
287
For comparison, one alert was registered between July 2022 and July 2023. Council of Europe Platform to
promote the protection of journalism and safety of journalists.
Information received from Journalists Trade Union in the context of the country visit to Portugal.
Available at: https://www.mfrr.eu/monitor/.
The Public Security Police initiated an investigation on the alleged police aggressions (Diário de Notícias,
‘PSP opens inquiry on the aggressions to protesters and journalists consider pressing charges’, 6 February
2024). Journalists Trade Union, ‘SJ indignant at aggressions from PSP to journalists’, 6 February 2024. See
also Council of Europe Platform to promote the protection of journalism and safety of journalists, ‘Two
Journalists Attacked by PSP Officers while Covering Protest’, Alert No. 26/2024.
Observador, ‘Headquarters of Observador were vandalised. Charges pressed before the PSP’, 20 May 2024.
Journalists Trade Union, ‘SJ condemns attack against Observador and calls for guarantees to protect
journalists’, 21 May 2024.
Regarding the case of the journalists who were prosecuted for allegedly violating the secrecy of justice in
relation to their reporting in 2018 about an anti-corruption operation (Rule of Law Report, Country Chapter
on the rule of law situation in Portugal, pp. 19-20), following the acquittal at first instance, the decision was
overturned in second instance by the Lisbon Appeal Court. The Court sentenced them to a fine of 150 days
and EUR 1500, as it considered there had been an error of judgment in the court of first instance. See
Público, ‘Appeal Court annuls decision and sentences journalists for violating the secrecy of justice’, 15
November 2023.
Information received from Journalists Trade Union in the context of the country visit to Portugal.
Art. 133(e), Constitution of the Portuguese Republic.
Art. 201, Constitution of the Portuguese Republic.
Art. 223(1), Constitution of the Portuguese Republic.
Art. 223(2)(c), (g), (h), Constitution of the Portuguese Republic; Arts. 11-A and 106 to 110, Law on the
Constitutional Court.
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There has been some further progress to improve the transparency of law-making,
while the regulation of impact assessment is still pending.
The 2023 Rule of Law Report
recommended to Portugal to ‘[f]inalise the reforms to improve the transparency of law-
making, particularly on the implementation of impact assessment tools’
288
. In July 2023, the
Parliament’s Rules of Procedure were amended, expressly addressing the reinforcement of
the quality of parliamentary legislation and the procedure’s transparency. The new rules
envisage the implementation of
ex ante
impact assessment tools
289
. However, with the
dissolution of Parliament on 15 January 2024, the regulation to put this into practice has not
been finalised
290
. The new rules of procedure envisage the creation of a new tool for
participation in the legislative procedure, aiming to extend this to all parliamentary draft
legislation
291
, and clarify the constitutional duty of consultation
292
.
The new rules also
emphasise the need to comply with the legislative procedure’s deadline and aim to reinforce
the quality of legislation that incorporates EU law into national law
293
. Work is still ongoing
on the revision and update of Parliament’s legal drafting technical guide
294
. Regarding the
legislative power entrusted to the Government, the
ex ante
impact assessment of all
legislative drafts continues to be ensured, while the
ex post
impact assessment is limited to
selected legislative acts
295
. The involvement of stakeholders in the legislative process
continues to be ensured
296
, either through public consultation
297
, or through the direct
consultation of the interested parties
298
. There have been positive steps in this regard, and the
programme of the new Government embraces this objective
299
. The Anti-corruption Agenda
also envisages the development of the ‘legislative footprint’ system, establishing the
288
289
290
291
292
293
294
295
296
297
298
299
This followed the 2022 Rule of Law Report, where it had been recommended to ‘continue the reforms to
improve the transparency of law-making, particularly on the implementation of impact assessment tools’
288
,
and in relation to which significant progress was achieved; 2023 Rule of Law Report, Country Chapter on
the rule of law situation in Portugal, p. 2.
Art. 131-A, ‘Ex-ante impact assessment’: ‘Without prejudice to the
ex-ante
impact assessment regimes laid
down by law, the Plenary shall pass a resolution, following a proposal by the President of the Assembly of
the Republic and after consulting the Conference of Leaders, on the rules and procedures for assessing the
impact of legislation’.
A study is ongoing on Parliaments’ practices on
ex ante
impact assessment, through the European Centre for
Parliamentary Research and Documentation (Information received from the Services of the Assembly of the
Republic in the context of the country visit to Portugal).
In Portugal, 20% of the surveyed companies perceive the frequent changes in legislation or concerns about
quality of law-making process as a reason for the lack of confidence in investment protection. Figure 56,
2024 EU Justice Scoreboard.
In relation to the consultation of federations and confederations that represent the matter to be legislated, in
the areas of disability, consumers rights, family, education.
In particular, by imposing the Government bill to be accompanied by a correlation table between the bill’s
provisions and those of the Directive. Furthermore, the Government shall provide the Parliament with an
annual report on the measures and procedures adopted or to be adopted for the transposition of Directives.
Information received from the Services of the Assembly of the Republic in the context of the country visit to
Portugal.
Input from Portugal for the 2024 Rule of Law Report, p. 21.
According to the Commission recommendation on promoting engagement and effective participation of
citizens and civil society organisations in a democracy (C/2023/8627 final), an enabling environment for
civil society organisations, is important to allow them to effectively engage in public policymaking.
Open to the general public, via the dedicated platform: https://www.consultalex.gov.pt/.
Input from Portugal for the 2024 Rule of Law Report, p. 21.
The Programme of Government envisages the continuation of the ‘legislative footprint’ project and of the
traceability of administrative acts. See Portuguese Government, ‘Programme of the XXIV Government’, p.
80).
29
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mandatory recording of any intervention of external entities in the legislative process
300
.
Overall, since some of the steps undertaken would have to be continued or finalised by the
new executive and during the new legislature, there has been some further progress on this
part of the recommendation made in the 2023 Rule of Law Report.
The Constitutional revision initiated in 2023 could not be completed due to the
dissolution of Parliament.
As mentioned in the 2023 Rule of Law Report, a revision of the
Constitution had been initiated in January 2023
301
. Whereas the revision was expected to be
finalised by the end of January 2024
302
, the two major parliamentary groups concluded there
were no political conditions for the conclusion of the revision in view of the dissolution of
Parliament
303
, which occurred on 15 January 2024. This led to the suspension of all regular
parliamentary activity
304
although it was possible to finalise the majority of pending
legislative initiatives
305
.
On 1 January 2024, Portugal had 16 leading judgments of the European Court of
Human Rights pending implementation, an increase of one compared to the previous
year
306
.
While Portugal’s rate of leading judgments from the past 10 years that remain
pending was at that time at 44% (compared to 39% in 2023), the average time that the
judgments have been pending implementation was 5 years and 9 months (compared to 5
years and 1 month in 2023)
307
. The oldest leading judgment, pending implementation for over
12 years, concerns the fairness of criminal proceedings
308
. As regards the respect of payment
deadlines, on 31 December 2023 there were 16 cases in total awaiting confirmation of
300
301
302
303
304
305
306
307
308
Portuguese Government, Anti-corruption Agenda, Measure No. 2. See also 2022 Rule of Law Report,
Country Chapter on the rule of law situation in Portugal, p. 20.
2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, pp. 22-23.
Information received from the Services of the Assembly of the Republic in the context of the country visit to
Portugal.
Pursuant to Art. 133(e), Constitution of the Portuguese Republic. See also input from Portugal for the 2024
Rule of Law Report, p. 27.
During the dissolution period, no plenary sessions take place, and only the Standing Committee remains
active, holding sessions every fortnight. Despite its lack of legislative powers, the Standing Committee may
exercise its power to monitor the activities of the Government and the Administration, holding debates with
the Prime Minister and the members of Government during the dissolution. Parliamentary Committees may
only meet for the final drafting of the bills passed until the date of dissolution (Information received from the
Services of the Assembly of the Republic in the context of the country visit to Portugal).
With the exception of the Draft on Regulation of Lobbying – see also Pillar II – Anti-corruption Framework.
The adoption of necessary execution measures for a judgment by the European Court of Human Rights is
supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group
cases against a State requiring similar execution measures, particularly general measures, and examine them
jointly. The first case in the group is designated as the leading case as regards the supervision of the general
measures and repetitive cases within the group can be closed when it is assessed that all possible individual
measures needed to provide redress to the applicant have been taken.
All figures are calculated by the European Implementation Network and are based on the number of cases
that are considered pending at the annual cut-off date of 1 January 2024. See the Contribution from the
European Implementation Network for the 2024 Rule of Law Report, p. 7.
Judgment of the European Court of Human Rights of 5 July 2011,
Moreira Ferreira v. Portugal,
19808/08,
pending implementation since 2011.
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payments (compared to 15 in 2022)
309
. On 1 July 2024, the number of leading judgments
pending implementation had increased to 17
310
.
The Office of the Ombudsperson continues to exercise its functions effectively.
The
Ombudsperson is accredited with ‘A’ status by the UN Global Alliance of National Human
Rights Institutions (GANHRI)
311
. As mentioned in the 2023 Rule of Law Report
312
, the
operationalisation of the new structure for the supporting services to the Ombudsperson led to
positive results and continues to be assessed as allowing the institution to perform its
functions effectively
313
. Following this restructuring, the Office of the Ombudsperson has
sufficient budgetary and human resources to perform its functions and to fulfil its mission and
mandate independently
314
. In November 2023, the Office of the Ombudsperson was
transferred to new premises, responding to a long-standing request to be located in a more
central area, and thus improve accessibility to people
315
. The Ombudsperson continues to
receive a high number of complaints submitted by foreign nationals, particularly regarding
long residence permit waiting time
316
. The Ombudsperson has also launched three major
own-initiative investigations, focusing on the analysis of the public services
317
, detention
conditions
318
, and the restructuring of the border and migration services
319
, which includes
recommendations
320
.
Civil society organisations continue to operate without constraints.
The civil society
space continues to be considered as open
321
. There are isolated cases of harassment of
members of civil society organisations active in the support of minorities
322
. The UN
Committee on the Elimination of Racial Discrimination addressed recommendations to
309
Council of Europe (2024), Supervision of the execution of judgments decisions of the European Court of
Human Rights – 17
th
Annual Report of the Committee of Ministers – 2023, p. 138.
310
Data according to the online database of the Council of Europe (HUDOC).
311
Global Alliance of National Human Rights Institutions (GANHRI), Sub-Committee on Accreditation (SCA)
(2024), Accreditation Report – April 2024. The periodic accreditation of the Portuguese NHRI was
considered by the SCA in April 2024.
312
2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 24.
313
Information received from the Office of the Ombusdperson in the context of the country visit to Portugal.
314
Contribution from the European Network of National Human Rights Institutions (ENNHRI) for the 2024
Rule of Law Report, p. 414.
315
Information received from the Office of the Ombusdperson in the context of the country visit to Portugal.
See also Office of the Ombusdperson, Press release of 16 November 2023. Contribution from the European
Network of National Human Rights Institutions (ENNHRI) for the 2024 Rule of Law Report, pp. 413-414.
316
Information received from the Office of the Ombusdperson in the context of the country visit to Portugal. See
also 2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 24.
317
Full report available at: provedor-jus.pt/documentos/Relatório_Atendimento ao Cidadão.pdf. Contribution
from the European Network of National Human Rights Institutions (ENNHRI) for the 2024 Rule of Law
Report, p. 416.
318
Full
report
available
at:
https://www.provedor-
jus.pt/documentos/Relat%C3%B3rio%20Tem%C3%A1tico%20sobre%20a%20PSP.pdf.
See
also
contribution from the European Network of National Human Rights Institutions (ENNHRI) for the 2024
Rule of Law Report, p. 416.
319
Full report available at: https://www.provedor-jus.pt/documentos/Relat%C3%B3rio%20SEF072023.pdf.
320
Contribution from the European Network of National Human Rights Institutions (ENNHRI) for the 2024
Rule of Law Report, pp. 415-416.
321
Rating by CIVICUS; ratings are on a five-category scale defined as: open, narrowed, obstructed, repressed
and closed.
322
Contribution from Front Line Defenders for the 2024 Rule of Law Report, p. 2. See also 2022 Rule of Law
Report, Country Chapter on the rule of law situation in Portugal, p. 23.
31
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Portugal in this regard, particularly regarding the protection of human rights’ defenders and
the accountability of perpetrators
323
. The Government has set up several initiatives in the area
of migration and minorities rights in which the participation of civil society organisations is
envisaged
324
. Stakeholders report an increase in the number of funding opportunities
launched by the Government in 2023, although these remain mostly project-based and driven
by pre-established priorities
325
.
323
324
325
United Nations Committee on the Elimination of Racial Discrimination, ‘Concluding observations on the
combined eighteenth and nineteenth periodic reports of Portugal - CERD/C/PRT/CO/18-19’, para. 38;
Contribution from United Nations Human Rights Regional Office for Europe (OHCHR) for the 2024 Rule of
Law Report, pp. 73-74.
In particular the creation of the new Agency for Integration, Migrations and Asylum, the National Plan for
the Implementation of the Global Pact on Migration, and the National Strategy for the Integration of Roma
Communities (input from Portugal for the 2024 Rule of Law Report, pp. 23-24).
Information received from the Platform of Development Non-Governmental Organisations in the context of
the country visit to Portugal.
32
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Annex I: List of sources in alphabetical order*
* The list of contributions received in the context of the consultation for the 2024 Rule of Law report
can be found at
https://commission.europa.eu/publications/2024-rule-law-report-targeted-
stakeholder-consultation_en.
Advocatus (2024), ‘Operação
Marquês.
Court of Appeal rules on the time barring of 22 crimes’, 28
January 2024.
Cabinet of the Prosecutor General, Press release of 7 November 2023.
Cabinet of the Prosecutor General, Press release of 16 February of 2024.
Centre for Media Pluralism and Media Freedom,
Monitoring Media Pluralism in the Digital Era in
the year 2022 (2023) Country report: Portugal.
CES (2023), ‘National Enquiry on the Work and Living Conditions of Legal Clerks in Portugal’.
Civicus (2024), Monitor tracking civic space – Portugal
https://monitor.civicus.org/country/portugal/.
Congress of Journalists (2024), Conclusions of the 5th Congress of Journalists,
https://congressojornalistas.pt/destaque/resolucao-final-do-5o-congresso-dos-jornalistas/ .
CNN (2023),
PSD confirms searches in national and Porto headquarters,
PSD confirma buscas à
sede nacional e à sede do Porto – CNN Portugal (iol.pt).
Coroado, S. (2022), The new anticorruption law in Portugal: from a failed past into an uncertain
future. La Ley compliance penal, 5.
Council of Bars and Law Societies of Europe (2024), Contribution from the Council of Bars and Law
Societies of Europe (CCBE) for the 2024 Rule of Law Report.
Council of Europe (2024), Supervision of the execution of judgments decisions of the European Court
of Human Rights – 17
th
Annual Report of the Committee of Ministers – 2023.
Council of Europe: Committee of Ministers (2000), Recommendation CM/Rec(2000)19 of the
Committee of Ministers to Member States on the Role of Public Prosecution in the Criminal Justice
System.
Council of Europe: Committee of Ministers (2010), Recommendation CM/Rec(2010)12 of the
Committee of Ministers to member states on judges: independence, efficiency and responsibilities.
Council of Europe: Committee of Ministers (2017),
Legal regulation of lobbying activities in the
context of the public decision making, Recommendation CM/Rec(2017)2 and explanatory
memorandum.
Council of Europe: Committee of Ministers (2022), H46-20 Vicente Cardoso group v. Portugal
(Application No. 30130/10) – Supervision of the execution of the European Court’s judgments
DH-DD(2022)1119: Communication from Portugal.
Council of Europe: Consultative Council of European Judges (2007), Opinion No. 10(2007) to the
attention of the Committee of Ministers of the Council of Europe on the Council for the Judiciary at
the service of society.
Council of Europe: Consultative Council of European Judges (2021), Opinion No. 24 (2021) on the
evolution of the Councils for the Judiciary and their role in independent and impartial judicial
systems.
Council of Europe:
Platform to promote the protection of journalism and safety of journalists.
Council of Europe: Venice Commission (2022), Bulgaria - Urgent Interim Opinion on the draft new
Constitution (CDL-AD(2020)035-e).
33
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Council of the European Union (2021), Council implementing decision (10149/21) on the approval of
the assessment of the recovery and resilience plan for Portugal, 6 July 2021. Council of the European
Union (2021), Annex to the Council Implementing Decision on the approval of the assessment of the
recovery and resilience plan for Portugal.
Decree-Law No. 154/2013, of 5 November.
Decree-Law No. 42-A/2016, of 12 August
https://www.fundoambiental.pt/home.aspx
Decree-Law no. 109-E/2021, of 9 December.
Diário de Notícias (2024),
Scrutiny of Prosecution? Some call for Prosecutor General to be heard on
report that is already mandatory,
Escrutínio do MP? Há quem queira audição da PGR sobre relatório
a que lei já obriga (dn.pt).
Directive 1/2023 of 14 December 2023.
Eco (2024),
Parties agree to point batteries at the regulation of lobbying,
Parties agree to point
batteries at the regulation of lobbying – ECO (sapo.pt).
Eco (2024),
Marcelo defends that leaks are ‘important point’ of the reform of the sector,
Marcelo
defende que fugas ao segredo da justiça são “ponto importante” da reforma do setor – ECO (sapo.pt).
ERC (2024), Deliberation of 19 March 2024,
document.php (erc.pt).
European Commission (2020),
2020 Rule of Law Report, Country Chapter on the rule of law situation
in Portugal.
European Commission (2022),
2022 EU Justice Scoreboard.
European Commission (2022),
2022 Rule of Law Report, Country Chapter on the rule of law situation
in Portugal.
European Commission (2023),
2022 Rule of Law Report, Country Chapter on the rule of law situation
in Portugal.
European Commission (2023),
Recommendation on promoting engagement and effective
participation of citizens and civil society organisations in a democracy (C/2023/8627 final).
European Commission (2023),
2023 European Semester Country Report for Portugal.
European Commission (2024),
EU Justice Scoreboard.
European Court of Human Rights, judgment of 5 July 2011, Moreira Ferreira v. Portugal, case no.
19808/08.
European Network of Councils for the Judiciary (2024), Contribution from the European Network of
Councils for the Judiciary (ENCJ) for the 2024 Rule of Law Report.
European Network of National Human Rights Institutions (2024), Contribution from the European
Network of National Human Rights Institutions for the 2024 Rule of Law Report.
European Parliament:
Flash Eurobarometer: News & Media Survey 2023.
Expresso (2023),
Constitutionalists raise “doubts” about Government questionnaire
https://expresso.pt/politica/2023-01-20-Constitucionalistas-levantam-duvidas-sobre-questionario-do-
Governo-52d63701.
Expresso (2024),
3718 days of Operação Marquês: the long chronology of a complex case that
started with a mediatic detention at the airport,
Os 3718 dias da Operação Marquês: a longa
cronologia de um caso complexo que começou numa detenção mediática no aeroporto - Expresso.
Global Alliance of National Human Rights Institutions (GANHRI), Sub-Committee on Accreditation
(SCA) (2017), Accreditation Report – November 2017.
34
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GRECO (2015), Fourth Evaluation Round – Evaluation report on Portugal on preventing corruption
in respect of members of parliament, judges and prosecutors.
GRECO (2024), Fourth Evaluation Round – Third Interim compliance report on Portugal on
preventing corruption in respect of members of parliament, judges and prosecutors.
GRECO (2024) Fifth Evaluation Round – Evaluation Report on Portugal on Preventing corruption
and promoting integrity in central governments (top executive functions) and law enforcement
agencies.
Law No. 52/2019 of 31 July.
Law No. 93/2021, of 20 December.
Law No. 25/2024, of 20 February, amending Law 52/2019 (Regime for the exercise of functions by
political and high public office holders).
Law on Criminal Policy for the 2023-2025 Biennium:
Law no. 51/2023, of 28 August (pgdlisboa.pt).
Magistrats Européens pour la Démocracie et les Libertés (2024), Contribution from Magistrats
Européens pour la Démocracie et les Libertés (MEDEL) – Portugal for the 2024 Rule of Law Report.
MENAC (2023), The Instruments of the General Regime for the Prevention of Corruption: Some
Indications and Explanatory Notes on Methodological Care for the Preparation, Adoption and
Dynamisation (https://mec-anticorrupcao.pt/wp-content/uploads/2023/12/guia-n1-2023.pdf).).
MENAC (2024) Annual Report 2023
MENAC (2024) Training Plan for integrity, transparency and corruption prevention 2024-2025
PLANO-FORMACAO-Versao-Final.pdf (mec-anticorrupcao.pt)
Ministry of Justice (2023), Press release ‘Statute proposal increases remuneration of legal clerks’.
Ministry of Justice (2024),
Staff map https://dgaj.justica.gov.pt/Tribunais/Funcionarios-de-
Justica/Mapas-de-pessoal-oficiais-de-justica.Nascer
do Sol (2023),
President of the Supreme Court of
Justice: Corruption is installed in Portugal,
Presidente do STJ: "A corrupção está instalada em
Portugal" (sapo.pt).
Observador (2023),
PS wants to clarify that the law allows resources to be shared between parties
and parliamentary groups
https://observador.pt/2023/07/14/ps-quer-clarificar-que-lei-permite-
partilha-de-recursos-entre-partidos-e-grupos-parlamentares/.
Observador (2023),
Union of Prosecutors criticises lack of commitment to the Public Prosecutor's
Office
https://observador.pt/2023/10/14/sindicato-dos-magistrados-critica-ausencia-de-aposta-no-
ministerio-publico/
Observador (2024),
Case BES/GES. Hearing of Ricardo Salgado and other 18 defendants starts on 28
May,
Caso BES/GES. Julgamento de Ricardo Salgado e de outros 18 arguidos começa dia 28 de maio
– Observador.
President of the Republic (2023), Press Releases of 11 December 2023.
President of the Republic (2023), Press Releases of 13 December 2023.
President of the Republic (2024), Press release of 12 February 2024.
Portugal Resident (2023),
“Illegal” ‘revolving door’ manoeuvre sees ex-Secretary of State ensconced
in project she championed,
“Illegal” ‘revolving door’ manoeuvre sees ex-Secretary of State ensconced
in project she championed - Portugal Resident.
Portuguese Government (2022), National Anti-Corruption Strategy 2020-2024
ENAC010421.pdf
(justica.gov.pt)
Portuguese Government (2024), Input from Portugal for the 2024 Rule of Law Report.
35
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Portuguese Government (2024), ‘Programme of the XXIV Constitutional
(https://www.portugal.gov.pt/gc24/programa-do-xxiv-governo-pdf.aspx).
Government’
Portuguese Government (2024), ‘Anti-corruption Agenda’ (https://www.portugal.gov.pt/download-
ficheiros/ficheiro.aspx?v=%3d%3dBQAAAB%2bLCAAAAAAABAAzNDEyNwcAGD1%2fKgUA
AAA%3d).
Portuguese Government (2024), 2024 State Budget Justice (https://oe2024.gov.pt/justica/).
Prosecutors Union (2024),
The political speech and the attacks to Prosecution and the Prosecutor
General,
https://smmp.pt/smmp-na-imprensa/o-discurso-politico-e-os-ataques-ao-ministerio-publico-
e-a-pgr/.
Public Prosecution Service (2023), Statistical data relating to corruption-related offences 2023
corrupcao_e_crimes_conexos_2023.pdf (ministeriopublico.pt).
Public Prosecution Service, Whistleblowing Service
Whistleblowing service (pgr.pt).
Público (2024),
Anti-corruption agency justifies inaction with difficulty in recruiting staff,
Anti-
corruption agency justifies inaction with difficulty in recruiting staff | Corruption | PUBLIC
(publico.pt).
Público (2024),
Anti-corruption measures launched in 2021 have never been assessed,
Anti-
corruption measures launched in 2021 were never evaluated | Corruption | PUBLIC (publico.pt).
Público (2024),
Government ends round with parties. Strengthening transparency is "transversal",
Government ends round with parties. Enhancing transparency is "cross-cutting" | Corruption |
PUBLIC (publico.pt).
Público (2024),
PAN presents request to summon PG to Parliament. BE; PCP and Livre agree,
PAN
entrega pedido para chamar PGR ao Parlamento. BE, PCP e Livre concordam | Procuradoria-Geral da
República | PÚBLICO (publico.pt).
Público (2024),
Politicians should refrain from negotiating at the table, judges advise,
Politicians
should refrain from negotiating at the table, judges advise | Influencer Operation | PUBLIC
(publico.pt).
RTP (2023),
Public prosecution. Union considers critics to Prosecutor General unjustified.,
https://www.rtp.pt/noticias/politica/ministerio-publico-sindicato-dos-magistrados-considera-injustas-
criticas-a-atuacao-da-pgr_a1529226.
Rádio Renascença (2023),
There are investments that have been PIN for almost 20 years
https://rr.sapo.pt/especial/economia/2023/12/06/ha-investimentos-que-sao-pin-ha-quase-20-
anos/357510/.
Rádio Renascença (2024),
Ombudsperson “worried” and “perplex” calls for reflection over
Influencer case,
Provedora de Justiça “preocupada” e “perplexa” pede reflexão sobre processo
Influencer - Renascença (sapo.pt)
.
Regional Government of Madeira, Canal de Denúncias
Canal Denúncias (madeira.gov.pt).
Regulation No. 258/2024, of 6 March
ept_regulamento_258_2024.pdf (tribunalconstitucional.pt)
.
Reporters Without Borders (2023),
2023 World Press Freedom Index.
RTP (2023), Memorandum on updating the value of the audiovisual tax (Memorando
sobre a
atualização do valor da Contribuição para o Audiovisual (CAV)).
RTP (2023),
PS will propose an amendment to the law on party
https://www.rtp.pt/noticias/politica/ps-vai-propor-alteracao-a-lei-de-financiamento-dos-
partidos_v1500064
.
financing
36
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RTP (2023),
The Attorney General's Office recognises that Operation Tutti Frutti has not advanced
further due to lack of resources
https://www.rtp.pt/noticias/pais/pgr-reconhece-que-operacao-tutti-
frutti-nao-avancou-mais-por-falta-de-recursos_v1490774
.
SIC Notícias (2023),
Legalising lobbying? Operation Influencer brings the issue back into debate
https://sicnoticias.pt/pais/2023-11-14-Legalizacao-do-lobbying--Operacao-Influencer-faz-tema-voltar-
ao-debate-0d05b3e3.
SIC Notícias (2024),
BE wants to hear PG in Parliament on the Prosecution activities report,
BE
quer ouvir PGR no Parlamento sobre relatório de atividades do Ministério Público - SIC
Notícias (sicnoticias.pt)
.
Supreme Administrative Court, judgment of 6 June 2024, case 02/24.1BALSB,
AA v
Conselho Suprerior dos Tribunais Administrativos e Fiscais.
Transparency International Portugal (2024),
Transparency International Portugal calls for greater
transparency in the governance of the Environmental Fund
https://transparencia.pt/ti-portugal-apela-
a-maior-transparencia-na-governacao-do-fundo-ambiental/.
United Nations Human Rights Committee (2023), ‘Report on follow-up to the concluding
observations of the Human Rights Committee - CCPR/C/138/2/Add.3’.
United Nations Human Rights Regional Office for Europe (2024), Contribution from United Nations
Human Rights Regional Office for Europe (OHCHR) for the 2024 Rule of Law Report.
37
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Annex II: Country visit to Portugal
The Commission services held virtual meetings in February 2024 with:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Bar Association
Business Roundtable Portugal
Central Department of criminal action and investigation (DCIAP)
Constitutional Court
Court of Audit
Criminal Police (Polícia Judiciária)
High Council for the Administrative and Tax Courts
High Council for Public Prosecution
High Council for the Judiciary
ICNOVA – Nova University of Lisbon
Inspectorate-General of Finance
Journalists’ Professional License Committee
Journalists’ Union
Judges Union (ASJP)
Media Authority – Regulatory Entity for Social Communication
MENAC
Ministry of Foreign Affairs
Ministry of Justice
Observatory of Economy and Fraud Management
Office of the Prosecutor General
Office of the Ombudsperson
Platform of NGOD
Prosecutors Union (SMMP)
RTP – Radio and Television of Portugal
Secretariat General of the Presidency of the Council of Ministers
Services of the Assembly of the Republic
Supreme Administrative Court
Supreme Court of Justice
Transparency Entity
Transparency International – Portugal
Union of ‘Funcionários Judiciais’
Union of ‘Oficiais de Justiça’
* The Commission also met the following organisations in a number of horizontal meetings:
•
•
•
•
•
Amnesty International EU
Centre for Democracy and Technology Europe
Centre for European Volunteering
Civil Liberties Union for Europe
Civil Rights Defenders
38
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•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Civil Society Europe
Culture Action Europe
Democracy Reporting International
European Centre for Non-Profit Law
European Civic Forum
European Federation of Journalists
European Partnership for Democracy
European Youth Forum
Free Press Unlimited
International Federation for Human Rights
International Planned Parenthood Federation
International Press Institute
Irish Council for Civil Liberties
JEF Europe
Open Society Foundations
Philanthropy Europe Association
PICUM
Reporters Without Borders
SOLIDAR
Transparency International EU
39