EUROPAM

European Public Accountability Mechanisms

Portugal

Country score (European Average*)
  • 72(67) Political Financing
  • 51(50) Financial Disclosure
  • 34(41) Conflict of Interest
  • 51(56) Freedom of Information
  • 72(65) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)28,590
Population, total10,348,648
Urban population (% of total)63.5
Internet users (per 100 people)64.6
Life expectancy at birth (years)81.0
Mean years of schooling (years)8.2
Global Competitiveness Index4.5
Sources: World Bank, UNDP, WEF.

Political Financing

The law on the Financing of Political Parties and Election Campaigns (2003, amended 2010) is the main law regulating the financing of political parties in Portugal. 

There are comprehensive limits on the private income of political parties. Donations are banned from foreign interests, corporations, trade unions and anonymous donors in addition to a number of other sources which are prohibited. There are also specific rules on how many can be raised and there are limits on the amount that can be donated. 

There is public funding available for political parties which is allocated based on the shares of votes in the previous election, representation in the elected body, participation in the election and the number of candidates. Public funding is allocated for parties to use in election spending. Indirect public funding is available in the form of subsidized media access and tax relief. There are funding provisions to encourage gender equality. 

For regulations on spending, vote buying is banned but the use of state resources for and against a candidate or party is not. There are specific limits on what a political party or candidate can spend. 

Parties are required to keep accounts which must reveal information regarding the finances in relation to election campaigns and must reveal the identity of donors. The information is required to be made public. Accounts are overseen by the Supervisory Body of Political Party Accounting and Funding. There are sanctions for breaches of the provisions of the law which include fines, forfeiture and imprisonment. 


Quantitative Data

Primary Metric

201220152016Trend
Bans and limits on private income616767
Public funding888888
Regulations on spending505050
Reporting, oversight and sanctions838383

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Bans and limits on private income

Bans on donations from foreign interests

Is there a ban on donations from foreign interests to political parties? Yes. 1 - Political parties are prohibited from receiving anonymous donations and are prohibited from receiving gifts or loans of a monetary nature or in kind from national or foreign legal persons, except as provided for in the following paragraph. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 8(1))
Is there a ban on donations from foreign interests to candidates? No. Absent from legal framework

Bans on corporate donations

Is there a ban on corporate donations to political parties? Yes. Art 8 "1 -‌ Political parties are prohibited from.‌.‌.‌ receiving gifts or loans of a monetary nature or in kind from national or foreign legal persons, except as provided for in the following paragraph.‌ 2 -‌ Political parties may contract loans from credit institutions and financial companies in accordance with the conditions set out in point f) of paragraph 1 of article 3.‌" (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 8(1))
Is there a ban on corporate donations to candidates? No. Absent from legal framework
Is there a ban on donations from corporations with government contracts to political parties? Yes. 1 - Political parties are prohibited from receiving anonymous donations and are prohibited from receiving gifts or loans of a monetary nature or in kind from national or foreign legal persons, except as provided for in the following paragraph. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 8(1))
Is there a ban on donations from corporations of partial government ownership to political parties? Yes. 1 - Political parties are prohibited from receiving anonymous donations and are prohibited from receiving gifts or loans of a monetary nature or in kind from national or foreign legal persons, except as provided for in the following paragraph. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 8(1))
Is there a ban on donations from corporations with government contracts to candidates? No. Absent from legal framework
Is there a ban on donations from corporations of partial government ownership to candidates? No. Absent from legal framework

Bans on donations from trade unions

Is there a ban on donations from Trade Unions to political parties? Yes. 1 - Political parties are prohibited from receiving anonymous donations and are prohibited from receiving gifts or loans of a monetary nature or in kind from national or foreign legal persons, except as provided for in the following paragraph. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 8(1))
Is there a ban on donations from Trade Unions to candidates? No. Absent from legal framework

Bans on anonymous donations

Is there a ban on anonymous donations to political parties? Yes. 1 - Political parties are prohibited from receiving anonymous donations and are prohibited from receiving gifts or loans of a monetary nature or in kind from national or foreign legal persons, except as provided for in the following paragraph. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 8(1))
Is there a ban on anonymous donations to candidates? No. Absent from legal framework

Other bans on donations

Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? Yes. Political parties can only receive assistance from individuals, and would so be banned from receiving state resources - Further, appears to be no mention in the law of state resources being allowed as a benefit under Art 10.
Is there a ban on any other form of donation? Yes. Political parties are specifically prohibited from: a) Acquiring goods or services at prices which are below those practiced in the market; b) Receiving payments in respect of goods or services which they provide at prices which are clearly above market value; c) Receiving or accepting any indirect contribution or donation that result in the payment of costs which they incur by third parties. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 8(3))

Donation limits

Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? Yes. 1 - Donations of a financial nature made by identified individual persons are subject to an annual limit of 25 times the value of the IAS per donor and must be transacted by cheque or bank transfer. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 7(1))
Is there a limit on the amount a donor can contribute to a political party in relation to an election? Yes. Limit is 60 monthly minimum wages 3 - Revenues covered by points c) and d) of paragraph 1 may be obtained by means of fundraising, even in the context of a campaign conducted for the purpose, subject to a limit of 60 IAS per donor, and are to be transacted by cheque or other banking mechanisms that enable identification of the amount and origin. c) Donations from individual supporters of candidates for election to President of the Republic and supporters of groups of voting citizens of the governing bodies of local authorities; d) Proceeds of campaign fundraising. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 16(1) & (3))
Is there a limit on the amount a donor can contribute to a candidate? Yes. Direct donations to candidates are prohibited. (GRECO (2010) Evaluation Report on Portugal Transparency of Party Funding (Theme II)))

Public funding 

Eligibility criteria for direct public funding to political parties

Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. for general grant 2 – This grant consists of a sum of money which is equivalent to the 1/ 135 of the value of the IAS, for each vote obtained in the most recent election of members to the Assembly of the Republic. For Election grant 2 - Parties which contest elections to the European Parliament or at least 51% of the seats up for election in the Assembly of the Republic or to the Regional Legislative Assemblies and which obtain representation, as well as candidates to the Presidency of the Republic which obtain at least 5% of the vote, are entitled to a grant. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 5(2) 17(2))
Eligibility criteria for direct public funding to political parties: Representation in elected body Yes. 2 - Parties which contest elections to the European Parliament or at least 51% of the seats up for election in the Assembly of the Republic or to the Regional Legislative Assemblies and which obtain representation, as well as candidates to the Presidency of the Republic which obtain at least 5% of the vote, are entitled to a grant. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 17(2))
Eligibility criteria for direct public funding to political parties: Participation in election Yes. 2 - Parties which contest elections to the European Parliament or at least 51% of the seats up for election in the Assembly of the Republic or to the Regional Legislative Assemblies and which obtain representation, as well as candidates to the Presidency of the Republic which obtain at least 5% of the vote, are entitled to a grant. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 17(2))
Eligibility criteria for direct public funding to political parties: Number of candidates Yes. 2 - Parties which contest elections to the European Parliament or at least 51% of the seats up for election in the Assembly of the Republic or to the Regional Legislative Assemblies and which obtain representation, as well as candidates to the Presidency of the Republic which obtain at least 5% of the vote, are entitled to a grant. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 17(2))
Eligibility criteria for direct public funding to political parties: Share of seats in previous election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Other No. Absent from legal framework

Allocation calculations for direct public funding to political parties

Allocation calculations for direct public funding to political parties: Proportional to votes received Yes. Election grant 1 - The grant will be distributed as follows: 20% will be distributed equally between the parties and candidates who fulfil the requirements of paragraph 2 of the preceding article and the remaining 80% will be distributed in proportion to the electoral results obtained. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 18(1))
Allocation calculations for direct public funding to political parties: Equal Yes. 1 - The grant will be distributed as follows: 20% will be distributed equally between the parties and candidates who fulfil the requirements of paragraph 2 of the preceding article and the remaining 80% will be distributed in proportion to the electoral results obtained. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 18(1))
Allocation calculations for direct public funding to political parties: Proportional to seats received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Flat rate by votes received Yes. For general grant 2 – This grant consists of a sum of money which is equivalent to the 1/ 135 of the value of the IAS, for each vote obtained in the most recent election of members to the Assembly of the Republic. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 5(2))
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework

Earmarking provisions for direct public funding to political parties

Earmarking provisions for direct public funding to political parties: Campaign spending Yes. 1 - Political parties which submit candidates for election to the Assembly of the Republic, to the European Parliament, to the Regional Legislative Assemblies and to local authorities, as well as groups of voting citizens of the governing bodies of local authorities and candidates for election of the President of the Republic are entitled to a state grant to cover the costs of election campaigns (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 17(1))
Earmarking provisions for direct public funding to political parties: Ongoing party activities No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Intra-party institution No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Other No. Absent from legal framework

Allocation criteria for free or subsidized access to media for political parties

Allocation criteria for free or subsidized access to media for political parties: Equal Yes. Art. 56 "Candidates and the political parties or coalitions that put them forward have the right to equal treatment by public and private entities, so that they can conduct their election campaigns freely and under the best conditions." (Electoral Law, 1979, amended 2015, Art. 56)
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of seats No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Other Yes. 1 - The parties are not subject to IRC (Corporate Income Tax) and also benefit, beyond that specified by special law, from exemption from the following taxes: g) Value added tax on the acquisition and transfer of goods and services that have the aim of disseminating their political message or their own identity, through any media, print, audio-visual or multimedia, including those used as publicity materials and means of communication and transport, which exemption is effected by the exercise of the right to tax refunds; (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 10(1)(g))
Are there provisions for free or subsidized access to media for candidates? Yes. Art. 56 "Candidates and the political parties or coalitions that put them forward have the right to equal treatment by public and private entities, so that they can conduct their election campaigns freely and under the best conditions." (Electoral Law, 1979, amended 2015, Art. 56)

Are there provisions for any other form of indirect public funding?

Provisions for any other form of indirect public funding: Premises for campaign meetings No. Absent from legal framework
Provisions for any other form of indirect public funding: Space for campaign materials No. Absent from legal framework
Provisions for any other form of indirect public funding: Tax relief Yes. 1 - The parties are not subject to IRC (Corporate Income Tax) and also benefit, beyond that specified by special law, from exemption from the following taxes: a) Stamp duty; b) Tax on inheritance and donations c) Municipal tax on onerous transfer of property, due on the acquisition of property to be used for their own activity and on transfers resulting from merger or demerger; d) Municipal property tax on the taxable value of properties or parts of properties which they own or which are to be used for their activity; e) Other taxes on property referred to in paragraph 3 of article 104 of the Constitution; f) Vehicle tax due on vehicles which they acquire for their business; g) Value added tax on the acquisition and transfer of goods and services that have the aim of disseminating their political message or their own identity, through any media, print, audio-visual or multimedia, including those used as publicity materials and means of communication and transport, which exemption is effected by the exercise of the right to tax refunds; h) Value added tax on the transfers of goods and services in the course of special fundraising initiatives with sole benefit thereto, provided that such exemption does not distort competition. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 10(1))
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised postage cost No. Absent from legal framework
Provisions for any other form of indirect public funding: Other No. Absent from legal framework
Is the provision of direct public funding to political parties related to gender equality among candidates? Yes. Parties that do not have a balance between the genders among its candidates can lose between 25% and 80% of its public funding. Art 2.1-2, "1 - It is understood parity, for the application of this law, a minimum representation of 33.3% of each sex in listas. 2 - In compliance with the preceding paragraph the multi-member lists submitted must not contain more than two candidates of the same sex placed consecutively in the order of lista. "Article 7" 1 - If they violate the provisions of paragraph 1 of Article 2, parties, coalitions or groups of voters, as the case may suffer a reduction in participation in the 80% or 75% of public subsidy for the relevant election campaigns, respectively, in paragraphs 1 and 3 of article 18 of Law No. 19 / 2003 of 20 June as follows: 1 a) If one gender is represented in the application list in percentage of less than 20% is reduced to participation in that public subsidy by 50%; b) If one sex is represented in the list of candidates as a percentage equal to or greater than 20% but less than 33.3%, the interest in that public subsidy is reduced by 25%. 2 - The preceding paragraph shall not apply to lists with a number of candidates less than tręs. 3 - If they violate the provisions of paragraph 2 of Article 2, parties, coalitions or groups of voters, as the case may suffer a 50% stake in 80% or 75% of Public subsidies for electoral campaigns to which they are entitled under paragraphs 1 and 3 of Article 18 of Law No. 19/2003 of 20 Junho. 4 - In the elections for the National Assembly, the election results obtained by the party in the constituency where there was breach of paragraphs 1 and 2 of Article 2 are slaughtered for national election results in equivalent proportion to the reduction of government subsidies for election campaigns calculated according to the provisions of paragraphs anteriores. 5 - In the elections to the organs of the municipality and the parish, with different types and degrees of breaches of the lists presented by a party, coalition or group of voters to the various organs, is taken as a reference the list by applying the criteria of the previous paragraphs implies a further reduction of public subsidy for eleitorais. campaigns "(Parity Law establishes that the lists for the National Assembly to the European Parliament and Local Authorities are composed so as to ensure minimal representation 33% of each sex. Statute No. 3/2006) (Organic Law No.​ 3/​2006)
Are there provisions for other financial advantages to encourage gender equality in political parties? No. Absent from legal framework

Regulations on spending 

Is there a ban on vote buying? Yes. Who in election: a) Upon fraudulent artifice, lead voter to vote, prevents you from voting, or to take him to vote for certain sense; or b) Buying or selling votes; It shall be punished with imprisonment of up to one year or a fine of up to 120 days. 2 - The attempt is punishable. (Art.341, Penal Code, amended in 2015 )
Are there bans on state resources being used in favour or against a political party or candidate? No. Absent from legal framework
Are there limits on the amount a political party can spend? Yes. 1 - The maximum limits on allowable expenses which may be incurred for any national or regional election campaign are established as follows: a) 10 000 times the amount of IAS in the election campaign for President of the Republic, and a further 2500 times the value of the IAS in the case of a second round contest; b) 60 times the value of the IAS for each candidate presented in the electoral campaign for the Assembly of the Republic; c) 100 times the value of the IAS for each candidate presented in the election campaign for the Regional Legislative Assemblies; d) 300 times the value of the IAS for each candidate presented in the election campaign for the European Parliament; (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 20(1))
Are there limits on the amount a candidate can spend? No. Absent from legal framework

Reporting, oversight and sanctions 

Reporting standards

Do political parties have to report regularly on their finances? Yes. 1 - Political parties are required to keep organised accounts, so that it is possible to ascertain their financial position and verify compliance with the obligations set forth by the present law. (annual) (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 12(1) & (2))
Do political parties have to report on their finances in relation to election campaigns? Yes. 1 - Within a period of not more than 90 days, in the case of local authority elections, and 60 days, in other cases, following full payment of the public grant, each candidature shall provide the Constitutional Court with itemised accounts of their election campaign, under the terms of the present law. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 27(1))
Do candidates have to report on their campaign finances? Yes. 1 - Within a period of not more than 90 days, in the case of local authority elections, and 60 days, in other cases, following full payment of the public grant, each candidature shall provide the Constitutional Court with itemised accounts of their election campaign, under the terms of the present law. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 27(1))
Is information in reports from political parties and/​or candidates to be made public? Yes. 2 - The rulings of the Constitutional Court in respect of the accounts referred to in the preceding paragraph, and the respective accounts with revenues and expenses properly specified will be published, free of charge, in 2J series of the Diário da República (Official Journal) and will be made available on the official website of the Constitutional Court. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 23(2))
Must reports from political parties and/​or candidates reveal the identity of donors? Yes. Art 7 "1 -‌ Donations of a financial nature made by identified individual persons are subject to an annual limit of 25 times the value of the IAS per donor and must be transacted by cheque or bank transfer.‌ 2 -‌ Donations which are pecuniary in nature are to be deposited in bank accounts intended solely for that purpose and in which only deposits having this origin may be made.‌ 3 -‌ Notwithstanding the acts and own personal contributions of activist activity, donations in kind, and property transferred on loan, are considered, for the purposes of the limit specified in paragraph 1, at their current market value and are to be itemised on the list referred to in point b) of paragraph 3 of article.‌ 12 4 -‌ Acquisitions of goods from political parties at a value which clearly exceeds market value shall be considered donations and shall be subject to the regime set out in paragraph 1.‌" Art 12, "3 -‌ Their specific accounting system has the following special requirements: a) An annual inventory of the party's assets in terms of real estate property subject to registration; b) A breakdown of revenues, which includes: 23 i) Those covered by each of the points of article 3; ii) Those covered by each of the points of article 4;" Art 12,"7 -‌ The breakdowns and annexes to the accounts of the parties are to comprise: a) Bank statements listing account transactions and credit card account statements ; b) Revenues arising from fundraising activities, with identification of the type of activity and date of conclusion; c) The real estate property of the parties, without prejudice to the provisions of point a) of paragraph 3.‌" (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 7(1) & Art 12)
Institutions receiving financial reports from political parties and/​or candidates
Institutions receiving financial reports from political parties and/​or candidates: Electoral Management Board Yes. 1 - The Entidade das Contas e Financiamentos Políticos (Supervising Body of Political Party Accounting and Funding) is an independent body which works with the Constitutional Court, providing it with technical assistance in the examination and auditing of the accounts of political parties and election campaigns. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 24(1))
Institutions receiving financial reports from political parties and/​or candidates: Auditing agency No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Ministry No. Absent from legal framework
Institutions receiving financial reports from political parties and/​or candidates: Special institution Yes. Supervising Body of Political Party Accounting and Funding (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 24(1))
Institutions receiving financial reports from political parties and/​or candidates: Court Yes. Constitutional Court (EMB in relation to referenda) (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 24(1))
Institutions receiving financial reports from political parties and/​or candidates: Other No. Absent from legal framework

Political finance oversight

Is it specified that a particular institution(s) is responsible for examining financial reports and/​or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Auditing agency No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose Yes. 2 - As part of the functions referred to in the preceding paragraph, the Supervising Body of Political Party Accounting and Funding is responsible for examining the procedures that the Constitutional Court reviews, as well as for verifying correspondence between reported expenditures and actual costs. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 24(2))
Institution responsible for examining financial reports and/or investigating violations: Other No. Absent from legal framework
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Absent from legal framework
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework
Institutions with a formal role in political finance oversight: Auditing agency No. Absent from legal framework
Institutions with a formal role in political finance oversight: EMB No. Absent from legal framework
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework
Institutions with a formal role in political finance oversight: Other No. Absent from legal framework
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. 1 - Political parties which fail to comply with the obligations set out under Chapter II shall be punished with a fine of not less than 10 times the value of the IAS and not more than 400 times the value of the IAS, whereas, in addition, the unlawfully received values will be forfeit in favour of the State. Numerous other fines listed (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 29(1))
Sanctions for political finance infractions: Loss of public funding No. Absent from legal framework
Sanctions for political finance infractions: Penal/Criminal Yes. 2 - Leaders of political parties, individuals and directors of corporations who personally participate in allocating and obtaining prohibited financing shall be punished with imprisonment from 1 to 3 years. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 28(1))
Sanctions for political finance infractions: Forfeiture Yes. 1 - Political parties which obtain revenue for the election campaign in manners not permitted by the present law or which do not comply with the limits specified in Article 20 will be punished with a fine of not less than 20 times the value of the IAS and not more than 400 times the value of the IAS, whereas unlawfully received values will be forfeit in favour of the State. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 30(1))
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework
Sanctions for political finance infractions: Other No. Absent from legal framework

Qualitative data for 2016


Legislation

Law on Financing of Political Parties and Election Campaigns, 2003, amended 2015 (Portuguese)pdf
Electoral Law, 1979, amended 2015 (Portuguese)pdf
Organic Law No.​ 3/​2006 (Portuguese)pdf
Penal Code, 1982, amended 2015missing file:

Financial Disclosure

The Portuguese Public Oversight of Political Posts (1983, last amended in 2010) sets down the same financial disclosure regulations for all public officials. Thus, the Head of State, Ministers, Members of Parliament, and Civil Servants are obliged to declare real estate, movable assets, cash, debts, and received gifts. In addition, net income from outside employment as well as shareholdings in a private or public company must be declared. There is no constant filling requirement for public officials, but statements are made only upon taking and leaving office. 

The Head of State and Ministers face sanctions only in the case of making false disclosure. While MPs and Civil Servants also face these sanctions, they may additionally be punished by inhibition if they fail to submit disclosure statements. The Constitutional Court functions as depository body for all officials’ declarations and together with the Public Prosecutor ensures law enforcement. However, no body is specified to ensure the accuracy of statements. All statements are made available to citizens upon request, given that the Constitutional Court deems a publication appropriate. 


Quantitative Data

Primary Metric

201220152016Trend
Disclosure items383939
Filing frequency505050
Sanctions676767
Monitoring and Oversight505050
Public access to declarations505050

Alternative Metric

201220152016Trend
Head of State515151
Ministers515151
Members of Parliament515252
Civil servants515151

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Movable assets Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Cash Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets Yes. a) the total indication of constant gross income of the last statement submitted for the purposes of settlement of tax on personal income, or the same, when given, should be inserted;  (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Ownership of state-owned enterprises (SOEs) Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. The holders of political office and equivalent and the senior public officials have the Constitutional Court, within 60 days from the date of commencement of the performance of their duties, declaration of their income as well as its assets and social positions (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Filing required upon leaving office Yes. New statement, to date, is presented within 60 days of termination of service they have given the submission of the previous as well as renewal or re-election of the holder. (Public Oversight of Political Posts (1983, last amended in 2010) Art. 2)
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. 1 - In case of non-submission of declarations provided for in Articles 1 and 2, the competent authority for your deposit shall notify the holder of the office to which it applies this law to be submitted within 30 calendar days under penalty. (Public Oversight of Political Posts (1983, last amended in 2010) Art. 3)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. 1 - In case of willful default, except for the President of the Republic, the President of the National Assembly and the Prime Minister, incur mandate of forfeiture, termination or judicial dismissal, as appropriate, or, in the case the situation under the first part of paragraph 1 of Article 2, incurring inhibition period of one to five years for the exercise of office requiring that declaration and that does not match the performance of functions as a career magistrate.  (Public Oversight of Political Posts (1983, last amended in 2010) Art. 3)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Art 3.2 - Whoever makes false statement incurs the penalties provided for in the preceding paragraph and shall be punished by the misrepresentation crime under the law.  (Public Oversight of Political Posts (1983, last amended in 2010) Art. 3 )

Monitoring and Oversight

Depository body explicitly identified Yes. The Constitutional Court is the depository body. It receives files in the original or as an authorized copy, and may request a proof of authorship if in doubt (Public Oversight of Political Posts (1983, last amended in 2010) Art. 5 Decree n. 1/2000 , Regulates Law Control of Public Wealth of Political Office Bearers, Art. 14 (2000))
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission Yes. The Public Prosecutor at the Constitutional Court makes an annual analysis of the declarations made after the expiry of the mandates or termination of office of their respective owners.  (Public Oversight of Political Posts (1983, last amended in 2010) Art. 5)
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability Yes. Every citizen may request access to the declarations in parts or in whole. The constitutional court may deny access if the declarer has good reasons for keeping his declarations secret. http://www.tribunalconstitucional.pt/tc/en/jurisdiction.html#procedures7 (Public Oversight of Political Posts (1983, last amended in 2010) Art. 6)
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified Yes. 1 - The disclosure of the statements contained in this law is free.  (Public Oversight of Political Posts (1983, last amended in 2010) Art. 6)

Ministers

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Movable assets Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Cash Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets Yes. a) the total indication of constant gross income of the last statement submitted for the purposes of settlement of tax on personal income, or the same, when given, should be inserted;  (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Ownership of state-owned enterprises (SOEs) Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. The holders of political office and equivalent and the senior public officials have the Constitutional Court, within 60 days from the date of commencement of the performance of their duties, declaration of their income as well as its assets and social positions (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Filing required upon leaving office Yes. New statement, to date, is presented within 60 days of termination of service they have given the submission of the previous as well as renewal or re-election of the holder. (Public Oversight of Political Posts (1983, last amended in 2010) Art. 2)
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. 1 - In case of non-submission of declarations provided for in Articles 1 and 2, the competent authority for your deposit shall notify the holder of the office to which it applies this law to be submitted within 30 calendar days under penalty. (Public Oversight of Political Posts (1983, last amended in 2010) Art. 3)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. 1 - In case of willful default, except for the President of the Republic, the President of the National Assembly and the Prime Minister, incur mandate of forfeiture, termination or judicial dismissal, as appropriate, or, in the case the situation under the first part of paragraph 1 of Article 2, incurring inhibition period of one to five years for the exercise of office requiring that declaration and that does not match the performance of functions as a career magistrate.  (Public Oversight of Political Posts (1983, last amended in 2010) Art. 3)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Art 3.2 - Whoever makes false statement incurs the penalties provided for in the preceding paragraph and shall be punished by the misrepresentation crime under the law.  (Public Oversight of Political Posts (1983, last amended in 2010) Art. 3 )

Monitoring and Oversight

Depository body explicitly identified Yes. The Constitutional Court is the depository body. It receives files in the original or as an authorized copy, and may request a proof of authorship if in doubt (Public Oversight of Political Posts (1983, last amended in 2010) Art. 5 Decree n. 1/2000 , Regulates Law Control of Public Wealth of Political Office Bearers, Art. 14 (2000))
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission Yes. The Public Prosecutor at the Constitutional Court makes an annual analysis of the declarations made after the expiry of the mandates or termination of office of their respective owners.  (Public Oversight of Political Posts (1983, last amended in 2010) Art. 5)
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability Yes. Every citizen may request access to the declarations in parts or in whole. The constitutional court may deny access if the declarer has good reasons for keeping his declarations secret. http://www.tribunalconstitucional.pt/tc/en/jurisdiction.html#procedures7 (Public Oversight of Political Posts (1983, last amended in 2010) Art. 6)
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. 0
Cost of access specified Yes. 1 - The disclosure of the statements contained in this law is free.  (Public Oversight of Political Posts (1983, last amended in 2010) Art. 6)

Members of Parliament

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Movable assets Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Cash Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets Yes. a) the total indication of constant gross income of the last statement submitted for the purposes of settlement of tax on personal income, or the same, when given, should be inserted;  (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Ownership of state-owned enterprises (SOEs) Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. If MPs see a conflict of interest in a decision, they must voice this conflict before voting or speaking on the matter, but are not restricted from doing so. (Art. 27 Statute for Deputies (1993, last amended 2009))
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. The holders of political office and equivalent and the senior public officials have the Constitutional Court, within 60 days from the date of commencement of the performance of their duties, declaration of their income as well as its assets and social positions (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Filing required upon leaving office Yes. New statement, to date, is presented within 60 days of termination of service they have given the submission of the previous as well as renewal or re-election of the holder. (Public Oversight of Political Posts (1983, last amended in 2010) Art. 2)
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. 1 - In case of non-submission of declarations provided for in Articles 1 and 2, the competent authority for your deposit shall notify the holder of the office to which it applies this law to be submitted within 30 calendar days under penalty. (Public Oversight of Political Posts (1983, last amended in 2010) Art. 3)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. 1 - In case of willful default, except for the President of the Republic, the President of the National Assembly and the Prime Minister, incur mandate of forfeiture, termination or judicial dismissal, as appropriate, or, in the case the situation under the first part of paragraph 1 of Article 2, incurring inhibition period of one to five years for the exercise of office requiring that declaration and that does not match the performance of functions as a career magistrate.  (Public Oversight of Political Posts (1983, last amended in 2010) Art. 3)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Art 3.2 - Whoever makes false statement incurs the penalties provided for in the preceding paragraph and shall be punished by the misrepresentation crime under the law.  (Public Oversight of Political Posts (1983, last amended in 2010) Art. 3 )

Monitoring and Oversight

Depository body explicitly identified Yes. The Constitutional Court is the depository body. It receives files in the original or as an authorized copy, and may request a proof of authorship if in doubt (Public Oversight of Political Posts (1983, last amended in 2010) Art. 5 Decree n. 1/2000 , Regulates Law Control of Public Wealth of Political Office Bearers, Art. 14 (2000))
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission Yes. The Public Prosecutor at the Constitutional Court makes an annual analysis of the declarations made after the expiry of the mandates or termination of office of their respective owners.  (Public Oversight of Political Posts (1983, last amended in 2010) Art. 5)
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability Yes. Every citizen may request access to the declarations in parts or in whole. The constitutional court may deny access if the declarer has good reasons for keeping his declarations secret. http://www.tribunalconstitucional.pt/tc/en/jurisdiction.html#procedures7 (Public Oversight of Political Posts (1983, last amended in 2010) Art. 6)
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. 0
Cost of access specified Yes. 1 - The disclosure of the statements contained in this law is free.  (Public Oversight of Political Posts (1983, last amended in 2010) Art. 6)

Civil servants

Disclosure items

Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Movable assets Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Cash Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets Yes. a) the total indication of constant gross income of the last statement submitted for the purposes of settlement of tax on personal income, or the same, when given, should be inserted;  (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Incompatibilities
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Ownership of state-owned enterprises (SOEs) Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.

Filing frequency

Filing required upon taking office Yes. The holders of political office and equivalent and the senior public officials have the Constitutional Court, within 60 days from the date of commencement of the performance of their duties, declaration of their income as well as its assets and social positions (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Filing required upon leaving office Yes. New statement, to date, is presented within 60 days of termination of service they have given the submission of the previous as well as renewal or re-election of the holder. (Public Oversight of Political Posts (1983, last amended in 2010) Art. 2)
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. 1 - In case of non-submission of declarations provided for in Articles 1 and 2, the competent authority for your deposit shall notify the holder of the office to which it applies this law to be submitted within 30 calendar days under penalty. (Public Oversight of Political Posts (1983, last amended in 2010) Art. 3)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. 1 - In case of willful default, except for the President of the Republic, the President of the National Assembly and the Prime Minister, incur mandate of forfeiture, termination or judicial dismissal, as appropriate, or, in the case the situation under the first part of paragraph 1 of Article 2, incurring inhibition period of one to five years for the exercise of office requiring that declaration and that does not match the performance of functions as a career magistrate.  (Public Oversight of Political Posts (1983, last amended in 2010) Art. 3)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Art 3.2 - Whoever makes false statement incurs the penalties provided for in the preceding paragraph and shall be punished by the misrepresentation crime under the law.  (Public Oversight of Political Posts (1983, last amended in 2010) Art. 3 )

Monitoring and Oversight

Depository body explicitly identified Yes. The Constitutional Court is the depository body. It receives files in the original or as an authorized copy, and may request a proof of authorship if in doubt (Public Oversight of Political Posts (1983, last amended in 2010) Art. 5 Decree n. 1/2000 , Regulates Law Control of Public Wealth of Political Office Bearers, Art. 14 (2000))
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission Yes. The Public Prosecutor at the Constitutional Court makes an annual analysis of the declarations made after the expiry of the mandates or termination of office of their respective owners.  (Public Oversight of Political Posts (1983, last amended in 2010) Art. 5)
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.

Public access to declarations

Public availability Yes. Every citizen may request access to the declarations in parts or in whole. The constitutional court may deny access if the declarer has good reasons for keeping his declarations secret. http://www.tribunalconstitucional.pt/tc/en/jurisdiction.html#procedures7 (Public Oversight of Political Posts (1983, last amended in 2010) Art. 6)
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified Yes. 1 - The disclosure of the statements contained in this law is free.  (Public Oversight of Political Posts (1983, last amended in 2010) Art. 6)

Qualitative data for 2016


Legislation

Decree n. 1/2000 , Regulates Law Control of Public Wealth of Political Office Bearers, 2000 (English)pdf
Public Oversight of Political Posts, 1983, amended 2010 (Portuguese)pdf
Statute for Deputies, 1993, amended 2009 (Portugese)pdf

Conflict of Interest

Portugal’s Law establishing the Code of Administrative Procedure (2015) states that anyone holding a public function must ask to be withdrawn from a decision-making process in which he holds a private interest. No further legislation on conflicts of interests exists for the Head of State or for Ministers. According to the Statute for Deputies (1993, last amended 2009), Members of Parliament may not exercise trading activities if they own over 10% of a company’s shares. Additionally, they cannot be members of public companies, or hold government contracts. The Law on career and remuneration schemes for public employees (2008) obliges Civil Servants to generally avoid conflicts of interests. It also includes limitations on owning state-owned enterprises, and holding government contracts. 

No sanctions for violating laws on conflicts of interests are specified for the Head of State or Ministers. Members of Parliament and Civil Servants however may face a fine for violations. Additionally, breaking laws on conflicts of interests may lead to a loss of mandate for MPs. For Ministers, no enforcement or monitoring bodies are specified. Members of Parliament may turn to the Ethics Committee of the Assembly of Deputies for guidance, while no enforcement body is specified. All the while, the Supreme Court is responsible for enforcement with the Head of State. The President and Secretary of each administrative body are responsible for monitoring, guidance and enforcement amongst Civil Servants.


Quantitative Data

Primary Metric

201220152016Trend
Restrictions182832
Sanctions82525
Monitoring and Oversight385050

Alternative Metric

201220152016Trend
Head of State172020
Ministers033
Members of Parliament275252
Civil servants416168

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Head of State

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. Anyone holding a public function should ask for dispensation from a decision or act in which they have a conflict of interest. (Art. 73 Code of Administrative Procedure - new (2015))
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) Yes. The Supreme Court of Justice is responsible for making judgements on any infringements on behalf of the President; it may only take up a procedure if initiated by Parliament. (Art. 130 Constitution (1976, last amended 2005))

Ministers

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. Anyone holding a public function should ask for dispensation from a decision or act in which they have a conflict of interest. (Art. 73 Code of Administrative Procedure - new (2015))
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Nomember of the Government shall be detained, arrested or imprisoned without the authorisation of the Assembly of the Republic, save for a serious crime punishable by imprisonment for a maximum term of more than three years and in flagrante delicto (Art. 196 Constitution (1976, last amended 2005))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Members of Parliament

Restrictions

General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. MPs may not exercise trade activity if they own 10% of the share of the company. (Art. 21 Statute for Deputies (1993, last amended 2009))
Ownership of state-owned enterprises (SOEs) Yes. MPs may not be members of public companies or companies largely held by the state. (Art. 20 Statute for Deputies (1993, last amended 2009))
Holding government contracts Yes. MPs may not enter into a contract with the state or any institutions of public law. (Art. 21 Statute for Deputies (1993, last amended 2009))
Board member, advisor, or company officer of private firm No. The law details that the potential for conflicts of interest is high when an MP or family member is part of an advisory board or governing body, but this is not forbidden. (Art. 27 Statute for Deputies (1993, last amended 2009))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. MPs may not be pulblic employees. (Art. 20 Statute for Deputies (1993, last amended 2009))
Participating in official decision-making processes that affect private interests No. If MPs see a conflict of interest in a decision, they must voice this conflict before voting or speaking on the matter, but are not restricted from doing so. (Art. 27 Statute for Deputies (1993, last amended 2009))
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. Exercising functions which have been declared incompatible leads to the MP returning the renumeration he has received since the incompatability has existed. (Art. 21.8 Statute for Deputies (1993, last amended 2009))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Exercising functions which have been declared incompatible leads to a loss of mandate. (Art. 20 Statute for Deputies (1993, last amended 2009))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. MPs may only receive prison sentences when authorised by parliament. (Art. 11 Statute for Deputies (1993, last amended 2009))

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The Ethics Committee of the Assembly of Deputies is responsible for giving advice of incompatabillities. A parliamentary committee on the Statute for Deputies supervises whether any conflicts of interests have remained undeclared, gives advice to deputies, and gives opinions in the case of infringements. (Art. 20 Statute for Deputies (1993, last amended 2009) Art. 27a Statute for Deputies (1993, last amended 2009))
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.

Civil servants

Restrictions

General restriction on conflict of interest Yes. Public functions are, as a rule, exercised on an exclusive basis. Any private activity that stands in conflict with the public function must be avoided. (ANNEX (referred to in Article 2) Art. 20, 22 General law on public functions (2014, amended 2015))
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. The exercise of public functions can not be accumulated with private functions or activities, exercised under an autonomous or subordinate work, with or without remuneration, competitors, similar or conflicting with the public functions. (ANNEX (referred to in Article 2) Art. 22, 24 General law on public functions (2014, amended 2015))
Ownership of state-owned enterprises (SOEs) Yes. The exercise of public functions can not be accumulated with private functions or activities, exercised under an autonomous or subordinate work, with or without remuneration, competitors, similar or conflicting with the public functions. (ANNEX (referred to in Article 2) Art. 22, 24 General law on public functions (2014, amended 2015))
Holding government contracts Yes. The exercise of public functions can not be accumulated with private functions or activities, exercised under an autonomous or subordinate work, with or without remuneration, competitors, similar or conflicting with the public functions. (ANNEX (referred to in Article 2) Art. 22, 24 General law on public functions (2014, amended 2015))
Board member, advisor, or company officer of private firm Yes. The exercise of public functions can not be accumulated with private functions or activities, exercised under an autonomous or subordinate work, with or without remuneration, competitors, similar or conflicting with the public functions. (ANNEX (referred to in Article 2) Art. 22, 24 General law on public functions (2014, amended 2015))
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position Yes. The exercise of public functions can be combined with other public duties paid, provided the search manifest public interest accumulation and only in the following cases: a) participation in committees and working groups; B) Participation in consultative councils and in supervisory committees or other collegiate organs of supervision or control of public monies; C) Teaching or research activities of a duration not exceeding that fixed in an order of the members of the Government responsible for the areas of finance, Public Administration and education and that, without prejudice to the fulfillment of the weekly duration of the work, does not overlap in more than A quarter of the time inherent to the main function; D) Holding of conferences, lectures, short-term training actions and other activities of the same nature; Nopolicy-making positions are part of these exceptions. (ANNEX (referred to in Article 2) Art. 21 General law on public functions (2014, amended 2015))
Participating in official decision-making processes that affect private interests Yes. In the exercise of the authorized private functions or activities, public administration workers may not carry out any acts contrary to the interests of the service to which they belong or with them conflicting. The violation of the provisions of the previous number determines the revocation of the authorization for the accumulation of functions, and constitutes a serious disciplinary infraction. Anyone holding a public function should ask for dispensation from a decision or act in which they have a conflict of interest. (ANNEX (referred to in Article 2) Art. 22 General law on public functions (2014, amended 2015) Art. 73 Code of Administrative Procedure - new (2015))
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior Yes. Public officials who act despite an existing conflict of interest must repay any damage that has resulted from their decision. (Annex, Art. 76 Code of Administrative Procedure - new (2015))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The accumulation of functions depends on prior authorization of the competent authority. (ANNEX (referred to in Article 2) Art. 23 General law on public functions (2014, amended 2015))
Enforcement body specified (sanctions, hearings) Yes. Each administrative body has a president and secretary, who are responsible for supervising that laws are kept to. (Art. 21 Code of Administrative Procedure - new (2015))

Qualitative data for 2016


Legislation

Constitution, 1976 amended 2005 (English)pdf
Law establishing the Code of Administrative Procedure, 2015 (Portugese)pdf
General law on public functions, 2014, amended 2015 (Portugese)pdf
Statute for Deputies, 1993, amended 2009 (Portugese)pdf

Freedom of Information

The access to information framework in Portugal is established by the Constitution (1976) and the Law No. 46/2007 on access to and the re-use of administrative documents (2007). The FOI law applies to state bodies at the national and autonomous regional level insofar as they carry out public administration, and broad range of public and private bodies which carry out public functions. However, only administrative documents relevant to the legislature and judiciary are covered by the FOI law.

Specific exemptions to disclosure are outlined in the aforementioned FOI law, the Constitution (1976), the Code of Criminal Procedure (1987), and the Protection of Personal Data Law (1998). No public interest test exists whereby exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Complaints by applicants may be made to the Commission on Access to Official Documents (CADA), but its decisions are not binding. The decision of the CADA may be then brought before the administrative courts for an appeal. Appeals are not accepted by public bodies. 

There are no sanctions specified in the law for violations of FOI provisions. CADA is responsible for ensuring compliance with the provisions of the freedom of information law, but it is not clear whether this includes management of the implementation process. 


Quantitative Data

Primary Metric

201220152016Trend
Scope and Coverage100100100
Information access and release717171
Exceptions and Overrides675050
Sanctions for non-compliance000
Monitoring and Oversight333333

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope and Coverage

Scope of disclosure

Existence of legal right to access Yes. (1)Citizens shall possess the right to be in formed by the Administration whenever they so request as to the progress of the processes in which they are directly interested, as well as to be made aware of such decisi ons as are taken in relation to them. (2)Without prejudice to the law governing matters of internal and external security, criminal investigation and personal privac y, citizens shall also possess the right of access to administrative files and records. (Article 268 of the Constitution of Portugal, 1976)
"Information" or "Documents" is defined Yes. 1. 1. For the purposes of the present Law the following terms shall mean: a) “Administrative document”: any information medium in written, visual, aural, electronic or other material form, which is in the possession, or is held on behalf, of the bodies and entities referred to by the following Article; b) “Nominative document”: an administrative document which contains an assessment or value judgement, or information covered by the reservation on the intimacy of private life, about an identified or identifiable natural person. 2. 2. For the purposes of the present Law the following shall not be deemed administrative documents: a) Personal notes, sketches, notations, and other records of a similar nature; b) Documents which are drawn up as a result of administrative activities, particularly those concerning meetings of the Council of Ministers and Secretaries of State, and the preparation thereof. (Article 3 Law No. 46/2007 on access to and the re-use of administrative documents, amended in 2015)
Proactive disclosure is specified Yes. Bodies covered by the law must proactively publish online and keep up-to-date framework documents for administrative activities and a list of all the documents which contain an interpretation of positive law or a description of administrative procedure. (Article 10 Law No. 46/2007 on access to and the re-use of administrative documents, amended in 2015)

Coverage of public and private sectors

Executive branch Yes. The freedom of information law applies to State bodies at the national and autonomous regional level insofar as they carry out Public Administration. The historical archives are excluded however. (Article 4 Law No. 46/2007 on access to and the re-use of administrative documents, amended in 2015)
Legislative branch Yes. Only administrative documents relevant to the legislature are covered by Law 78-753. (Article 4 Law No. 46/2007 on access to and the re-use of administrative documents, amended in 2015)
Judicial branch Yes. Only administrative documents relevant to the judiciary are covered by Law 78-753. (Article 4 Law No. 46/2007 on access to and the re-use of administrative documents, amended in 2015)
Other public bodies Yes. The law covers administrative documents held by a broad range of public and private bodies which carry out public functions (Article 4 Law No. 46/2007 on access to and the re-use of administrative documents, amended in 2015)
Private sector Yes. The law covers administrative documents held by a broad range of public and private bodies which carry out public functions (Article 4 Law No. 46/2007 on access to and the re-use of administrative documents, amended in 2015)

Access to specific documents (subject to reactive and/or proactive disclosure)

Draft legal instruments Yes. Proactive disclosure is not specificied. However the legislature is covered by the law and draft laws fall within the definition of public information under the law: an administrative document” is any information medium in written, visual, aural, electronic or other material form held by a body covered by the law. (Article 3 Law No. 46/2007 on access to and the re-use of administrative documents, amended in 2015)
Enacted legal instruments Yes. The Constitution requires that all laws must be published in the Diário da República (Official Gazette) in order to be binding. (Article 119, Constitution of Portugal, 1976 )
Annual budgets Yes. The Government, regional and local governments must ensure publication of all documents necessary to guarantee appropriate dissemination and transparency of the State, regional and local budgets and their execution using the most advanced media at all times. (Article 12, Budget Framework Law No. 52/2011 of 13 October)
Annual chart of accounts (actual expenditures) Yes. The Government, regional and local governments must ensure publication of all documents necessary to guarantee appropriate dissemination and transparency of the State, regional and local budgets and their execution using the most advanced media at all times. (Article 12, Budget Framework Law No. 52/2011 of 13 October)
Annual reports of public entities and programs Yes. Documents that include internal normative decisions, guidelines or relating to the activities of the administration must be disclosed. (Article 10 Law No. 46/2007 on access to and the re-use of administrative documents, amended in 2015)

Information access and release

Procedural access

Universal access (agencies, citizens and non-citizens) Yes. The law gives everyone the right of access to administrative documents without the need to state any interest. (Article 5 Law No. 46/2007 on access to and the re-use of administrative documents, amended in 2015 )
Type of request is specified (written, electronic, oral) Yes. Requests must be made in written form. Public bodies may also accept verbal applications if provided for by law. (Article 13 Law No. 46/2007 on access to and the re-use of administrative documents, amended in 2015)
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) No. Absent from legal framework ( )
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. Photocopies must be paid corresponding to the market value of copies, at a communicated price. Otherwise, access is free. (Article 11 and Article 12 Law No. 46/2007 on access to and the re-use of administrative documents, amended in 2015)

Deadlines for release of information

20-day response deadline Yes. The response deadline is 10 days. (Article 14.1 Law No. 46/2007 on access to and the re-use of administrative documents, amended in 2015)
Agency granted right to extend response time Yes. If justified by the volume or complexity of the information requested, the response time may be extended to a maximum of two months. (Article 14.4 Law No. 46/2007 on access to and the re-use of administrative documents, amended in 2015)
Maximum total response time of no more than 40 days No. The maximum response time for large or complex requests may be up to a maximum of two month. (Article 14.4 Law No. 46/2007 on access to and the re-use of administrative documents, amended in 2015)

Exceptions and Overrides

Exemptions to disclosure

Existence of secrecy/states secrets law No. There is no law although there is a provision defining a State Secret in the Code of Criminal Procedure (Article 137, Code of Criminal Procedure 1987)
Existence of personal privacy/data law Yes. The Constitution provides for a right to protection for personal data and a right protection of privacy of personal and family life. Law 67/1998 defines the scope of data protection, and outlines regulations for accessing, processing, and transferring personal data, as well as outlining the rights of the data subject. (Article 26 and Article 35, Constitution of Portugal, 1976 Law 67/1998 on the Protection of Personal Data (1998))
Specific exemptions to disclosure Yes. Exempted information includes: that which might endanger or damage the internal and external security of the State; preparatory administrative documents which are less than one year old; information about inquiries and investigations during the timeframe for where a disciplinary proceedings could take place; trade secrets; information about the confidentiality of legal proceedings (which is covered by separate legislation). Personal data can only be disclosed to a third party with written authorisation from the person to whom the data refer. Records in the historical archives are generally not released for public access until they are 30 years old. Personal or nominative data in the archives cannot be accessed until 50 years after the death of the person concerned. (Article 6 Law No. 46/2007 on access to and the re-use of administrative documents, amended in 2015 Law 67/1998 on the Protection of Personal Data (1998) Legal diploma regulating the activity of the Commission for the Declassification of Diplomatic Records, 2004)
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.

Appeals

Appeals allowed within public entities No. Absent from legal framework (General)
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. No. Complaints by applicants may be made to the CADA, which issues a formal opinion on its findings. This opinion is not binding. (Article 15 and Article 27 Law No. 46/2007 on access to and the re-use of administrative documents, amended in 2015)
Judicial appeals mechanism Yes. The decision of the CADA may be brought before the administrative courts for an appeal. (Article 15 Law No. 46/2007 on access to and the re-use of administrative documents, amended in 2015)

Sanctions for non-compliance

Administrative sanctions are specified for violations of disclosure requirements No. There are sanctions for illegal re-use of information but not for failure to disclose. (General)
Fines are specified for violations of disclosure requirements No. Absent from legal framework (General)
Criminal sanctions are specified for violations of disclosure requirements No. Absent from legal framework (General)

Monitoring and Oversight

Information officers must be appointed in public agencies Yes. Each body covered by the law must appoint a person responsible for compliance with the freedom of information law. (Article 9 Law No. 46/2007 on access to and the re-use of administrative documents, amended in 2015)
Public body that is responsible for applying sanctions No. The Commission on Access to Official Documents (CADA) is an independent administrative body, which reports to the National Assembly and is responsible for ensuring compliance with the provisions of the freedom of information law. It applies sanctions for illegal re-use of information but not for failure to disclosure information. (General)
Public body that is responsible for public outreach (raising public awareness) No. Absent from legal framework (General)
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. Yes. 1. CADA shall be an independent administrative body, which shall operate under the aegis of the Assembly of the Republic and shall be responsible for making its best efforts to ensure compliance with the provisions of the present Law. 2. 2. CADA shall dispose of an annual budget, provision for which shall be included in the budget of the Assembly of the Republic. (Article 25 Law No. 46/2007 on access to and the re-use of administrative documents, amended in 2015)
Ombudsman involvement in implementation is specified by law No. Absent from legal framework (General)
Reporting of data and/or implementation is required No. Absent from legal framework

Qualitative data for 2016


Legislation

Constitution of Portugal, 1976, amended 2005 (English)pdf
Law No. 46/2007 on access to and the re-use of administrative documents (English)pdf
Budget Framework Law No. 52/2011 (Portuguese)pdf
Code of Criminal Procedure 1987 (English)pdf
Law 67/1998 on the Protection of Personal Data, 1998, amended 2015 (Portuguese)pdf
Legal diploma regulating the activity of the Commission for the Declassification of Diplomatic Records, 2004 (Portuguese)pdf

Public Procurement

The Portuguese public procurement system is regulated primarily by the Public Contracts Code (2012), and other legislations such as Administrative Procedural Law (2015), Procedural Code of the Administrative Courts (last amended in 2015). There is no independent public procurement body. 

The lowest minimum thresholds for conducting a public procurement tender are:

EUR 5000 for goods

EUR 15000 for works

EUR 5000 for services

There is no minimum number of bidders for restricted procedures or negotiated procedures and competitive dialogue. The minimum submission period is 52 days for open procedures, 37 days for restricted procedures and negotiated procedures from dispatch date. 

There is no case for preferential treatment, but sustainability can be considered during the tendering process. However, there are several options for bid exclusion: bankruptcy, conviction on grounds of professional misconduct, outstanding tax or social security liabilities, having been sanctioned for labor misconduct, fraud, money laundering. Bids can be also excluded because of abnormally low bid prices.

In the bid evaluation phase, there are conflict of interest restrictions on the composition of the evaluation committee. However, no form of independence from the contracting authority is mandated for the evaluation committee.


Quantitative Data

Primary Metric

201220152016Trend
Scope8686
Information availability9090
Evaluation8383
Open competition8383
Institutional arrangements1717

Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness


Qualitative Data

We are frequently reviewing and refining our data, so in case you notice any mistake in our assessment, feel free to send us an email by clicking the button ()

Scope

Threshold - lowest PP

What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) EUR 0. Very light rules apply to simplified direct award under EUR 5,000 (Código dos Contractos Públicos art. 20, 128, 129, 465)
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) EUR 0. very light rules apply under EUR 15,000 (Código dos Contractos Públicos art. 19, 465)
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) EUR 0. very light rules apply under EUR 5,000 (i.e. publication of the award in gazette); Public Contracts Act, art. 127 goods and services: direct award under EUR 5,000 needs to be publicised and justified that Public Administration could not provide it (Código dos Contractos Públicos art. 20, 128, 129, 465)

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) EUR 75000. 0 (Código dos Contractos Públicos art. 20.1 (a), 19 (a))
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) EUR 75000. 0 (Código dos Contractos Públicos art. 20.1 (a), 19 (a))
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) EUR 25000. 0 (Defence [art.ş 346 TFEU & Directive 2009/81/EC | Decreto-Lei n.ş 104/2011])

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) EUR 75000. 0 (Código dos Contractos Públicos art. 20.1 (a))
What are the minimum application thresholds for the procurement type? (Product type WORKS) EUR 150000. 0 (Código dos Contractos Públicos art. 19 (a))
What are the minimum application thresholds for the procurement type? (Product type SERVICES) EUR 75000. 0 (Código dos Contractos Públicos art. 20.1 (a))

Information availability

Publishing and record keeping

Which are the documents which are published in full? mainly. procedure identification, CA, body that decided to contract, reasons justifying choice of procedure, competent body for appeals,technical specifications and time limit to present documents justifying them, admissibility of alternative tender, time limit to present proposals (Código dos Contractos Públicos art. 132.1)
Are any of these documents published online at a central place? Yes. Portal Base: electronic tenders journal (http://www.base.gov.pt/Base/pt/Homepage)
Is it mandatory to keep these records? Public notices of bidding opportunities, Bidding documents and addenda, Bid opening records, Bid evaluation reports, Formal appeals by bidders and outcomes, Final signed contract documents and addenda and amendments, Claims and dispute resolutions, Final payments, Disbursement data (as required by the country’s financial management system) yes. SECTION I Announcement and tender documents Article 130 Ad 1 - The public tender is advertised in the Official Gazette through ad model as approved by order of the ministers responsible for the edition of the Journal of Republic and the areas of finance and public works. CHAPTER VIII License Article 81 Qualification documents 1 - In any training procedures contracts, the contractor must submit the following qualification documents (Código dos Contractos Públicos art. 81, 130, 465)
Are contracts awarded within a framework agreement published? yes. TITLE V Framework agreements CHAPTER I Conclusion of framework agreements Article 251.d (Código dos Contractos Públicos art. 251, 259)

Sub-contracting

Is it mandatory to publish information on subcontractors in some cases? yes. 0 (Código dos Contractos Públicos art. 316-324)
If yes, above what proportion of subcontracted value is it mandatory? 0

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or products in tender specification/call for tender? yes. 0 (Código dos Contractos Públicos art. 49.12 and 49.13)
Are there restrictions on allowable grounds for tenderer exclusion? yes. declared bankrupt; conviction on grounds of professional misconduct, outstanding tax or social security contributions, having been sanctioned for labour misconduct, fraud, money laundering (Código dos Contractos Públicos art. 55)
Is there a preferential treatment for small-to-medium enterprises (SMEs)? no. 0
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) no. No, foreign companies are not required to set up branches or subsidiaries or otherwise enter into any commercial agreements with local partners in order to participate in Public Procurement Processes. Notwithstanding, after the awarding takes place, it may be required, for the execution of certain contracts, that the contractor establishes some type of representation in Portugal (such requirements will result from the tender documents or from the law. In that regard, where public works or services concessions are involved, the PPC establishes, when the contract is silent in that aspect, that the concessionaire should maintain its headquarters in Portugal). (Código dos Contractos Públicos art. 55)
Is there a specific set of rules for green/sustainable procurement? yes. allowed (Código dos Contractos Públicos art. 49.7 and 49.8)
Are some bids automatically excluded such as lowest/highest price; unusually low price, etc. yes. abnormally low price (preço anormalmente baixo) (Código dos Contractos Públicos art. 71 and 57)

Bid evaluation

Is scoring criteria published and explicit? yes. lowest price or MEAT indicating weighting (Código dos Contractos Públicos art. 74-79)
Can evaluation decision be made by a single person (as opposed to a committee)? no. jury; except in the case of direct awards that has been submitted a single proposal (Código dos Contractos Públicos art. 67)
Are there regulations on evaluation committee composition to prevent conflict of interest? yes. 0 (Código dos Contractos Públicos art. 67, 68, 69)
If yes, what is banned? For contracts of training procedures that constitute public-private partnerships, members Jury are appointed jointly by the Minister or the Regional Government of the member in charge Finance and the Minister or the Government member Regional sectoral protection, as appropriate . 0
Is some part of evaluation comitee mandatorily independent of contracting authority? Not specified. 0 (Código dos Contractos Públicos art. 67, 68, 69)
Are scoring results recorded and publicly available? yes. CHAPTER III Qualification systems Article 245 Institution of qualification systems Article 77 Award decision is notified 1 - The award decision is notified at the same time to all competitors. Article 78 The award notice 1 - When the contract formation procedure It has been advertised by notice published in Official Journal of the European Union, . (Código dos Contractos Públicos art. 74-79 and 245)
Under which conditions can the tender be cancelled? closed list. 1 - The contracts are void if the nullity of the procedural act has settled in its conclusion has been judicially declared or may still be thou it.2 - The contract may be canceled if they have been canceled or if annulled the procedural acts in which has settled its celebration. (Código dos Contractos Públicos art. 79-80 and 283)

Open competition

CFT publication

Where should the call for tenders be published? (Procedure type: OPEN) Diário da República (national electronic journal), Jornal Oficial da Uniăo Europeia (TED). 0 (Código dos Contractos Públicos art. 130.1-131)
Where should the call for tenders be published? (Procedure type: RESTRICTED) Diário da República (national electronic journal), Jornal Oficial da Uniăo Europeia (TED). 0 (Código dos Contractos Públicos art. 167)
Where should the call for tenders be published? (Procedure type: NEGOTIATED) Diário da República (national electronic journal), Jornal Oficial da Uniăo Europeia (TED). 0 (Código dos Contractos Públicos art. 29.2)

Minimum # of bidders

If there is a minimum number of bidders stipulated, under what conditions? RESTRICTED 5. (Código dos Contractos Públicos art. 164 (m))
If there is a minimum number of bidders stipulated, under what conditions? NEGOTIATED 3. (Código dos Contractos Públicos art. 196)
If there is a minimum number of bidders stipulated, under what conditions? COMPETITIVE DIALOGUE 3. (Código dos Contractos Públicos art. 206 (2))

Bidding period length

What are the minimum number of days for advertisement required? (Procedure type: OPEN) 52. 52 to be sent to TED, 47 days for national announcements (Código dos Contractos Públicos art. 136)
What are the minimum number of days for advertisement required? (Procedure type: RESTRICTED) 37. except for concessions for works: 52 days (Código dos Contractos Públicos art. 174)
What are the minimum number of days for advertisement required? (Procedure type: NEGOTIATED) 37. 0 (Código dos Contractos Públicos art. 198)

Institutional arrangements

Institutions and regulations

What are the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? those under international agreements previously communicated to the Eur Commission, under international treaties, international organisations, labour, donations, acquisition or rental of real estate, broadcasting and media, National Central Bank's financial services, those under 246 TFEU (defence procurement under national secret). 0 (Código dos Contractos Públicos art. 4)
What are the main types of institutions which have to apply the public procurement law? State, autonomous regions, local authorities, public institutes, public foundations, public associations, the previous forms with more than 50% of public funding or directly controlled by the public sector, those created to satisfy the general interest. 0 (Código dos Contractos Públicos art. 2 and 3)
What are the main procedure types or procurement methods permitted by law? direct award (ajuste directo); open procedure (concurso público), restricted (limitado por prévia qualificaçäo), negotiated (procedimiento de negociaçäo), competitive dialogue (diálogo concorrencial). 0 (Código dos Contractos Públicos art. 16)
Is there a procurement arbitration court dedicated to public procurement cases? no. general Courts
Is there a procurement regulatory body dedicated to public procurement? yes. Instituto dos Mercados Públicos, do Imobiliário e da Construçăo, I.P. (IMPIC, I.P.)[Institute of Public Markets, Real Estate and Construction]
Is the procurement regulatory body independent? Yes.
Is the procurement advisors' profession legally defined (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering procedure described (e.g. right to draft tender documentations, conduct market research identifying bidders)? No. 0
Is disclosure of final, beneficial owners required for placing a bid? Not specified. 0

Complaints

Is there a fee for arbitration procedure? Not specified. 0
If yes, how much Not specified. 0
Is there a ban on contract signature until arbitration court decision (first instance court)? Not specified. 0
What is the maximum number of days until arbitration court decision from filing a complaint? Not specified. 0
Are arbitration court decisions required to be publicly released? Not specified. 0
Red font = not including in scoring

Qualitative data for 2016


Legislation

Código dos Contractos Públicos, DL 18-2008, amended 2015missing file:
Defence Decreto-Lei n.ş 104/2011missing file: