EUROPAM

European Public Accountability Mechanisms

Portugal

Country score (European Average*)
  • 72(66) Political Financing
  • 80(53) Financial Disclosure
  • 21(37) Conflict of Interest
  • 54(59) Freedom of Information
  • 58(62) Public Procurement

Country Facts

IncomeHigh
GNI per capita (2011 PPP $)26498.18
Population, total10324611.00
Urban population (% of total)64.02
Internet users (per 100 people)70.42
Life expectancy at birth (years)81.52
Mean years of schooling (years)8.9
Global Competitiveness Index4.6
Sources: World Bank, UNDP, WEF.

Political Financing

The law on the Financing of Political Parties and Election Campaigns (2003, amended 2013) 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

20122015201620172020Trend
Bans and limits on private income6167676767
Public funding8888888888
Regulations on spending5050505050
Reporting, oversight and sanctions8383838383

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 2016, 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 2016, 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, amended 2016)
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

Legislation

Law on Financing of Political Parties and Election Campaigns, 2003, amended 2015 (Portuguese)pdf
Electoral Law, 1979, amended 2016 (Portuguese)pdf
Organic Law No.​ 3/​2006, amended 2016 (Portuguese)pdf
Penal Code, 1982, amended 2015 (Portuguese)pdf

*Last update: 2017


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

20122015201620172020Trend
Disclosure items3839393975
Filing frequency5050505075
Sanctions67676767100
Monitoring and Oversight5050505075
Public access to declarations5050505075

Alternative Metric

20122015201620172020Trend
Head of State5151515180
Ministers5151515180
Members of Parliament5152525280
Civil servants5151515180

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 Yes. Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union (Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Income and Assets
Real estate Yes. The description of the elements of your patrimonial assets, of which they are holders or co-holders, namely through undivided inheritance, as well as of the patrimonial elements of which you are the owner, holder, manager, lending or tenant, by you or by an intermediary person or existing in the country or abroad, ordered by major items, namely real estate, quotas, shares or other social capital of civil or commercial companies, rights over boats, aircraft or motor vehicles, as well as securities, fixed-term bank accounts, equivalent financial investments and provided that it exceeds 50 minimum wages, current bank accounts and credit rights (Art 13.2 (b) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Movable assets Yes. The description of the elements of your patrimonial assets, of which they are holders or co-holders, namely through undivided inheritance, as well as of the patrimonial elements of which you are the owner, holder, manager, lending or tenant, by you or by an intermediary person or existing in the country or abroad, ordered by major items, namely real estate, quotas, shares or other social capital of civil or commercial companies, rights over boats, aircraft or motor vehicles, as well as securities, fixed-term bank accounts, equivalent financial investments and provided that it exceeds 50 minimum wages, current bank accounts and credit rights (Art 13.2 (b) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Cash Yes. The description of the elements of your patrimonial assets, of which they are holders or co-holders, namely through undivided inheritance, as well as of the patrimonial elements of which you are the owner, holder, manager, lending or tenant, by you or by an intermediary person or existing in the country or abroad, ordered by major items, namely real estate, quotas, shares or other social capital of civil or commercial companies, rights over boats, aircraft or motor vehicles, as well as securities, fixed-term bank accounts, equivalent financial investments and provided that it exceeds 50 minimum wages, current bank accounts and credit rights (Art 13.2 (b) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Loans and Debts Yes . The description of your liabilities, namely in relation to the State or any natural or legal persons, namely credit institutions and any companies, public or private, in the country or abroad (Art 13.2 (c) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Income from outside employment/assets Yes. The total indication of gross income, with an indication of its source, contained in the last declaration submitted for the purposes of the assessment of the income tax on natural persons, or which, when released, should be included and, when applicable, subsequent breakdown by income category; (Art 13.2 (a) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Incompatibilities
Gifts received as a public official Yes. Offers for material goods or services with an estimated value of more than 150 (euro), received within the scope of the exercise of a position or function, must be submitted to the body defined in the respective Code of Conduct. (Art 16.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Private firm ownership and/or stock holdings Yes. The referred declaration must also include the acts and activities that may generate incompatibilities and impediments, namely: a) The registration of activities performed, regardless of their form or regime, namely: i) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, exercised in the last three years; ii) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, to be carried out cumulatively with the mandate; b) The registration of relevant financial interests, which includes the identification of the acts that generate, directly or indirectly, payments, namely: i) Public and private legal persons to whom the services were provided; ii) Participation in advisory councils, inspection commissions or other collegiate bodies, when provided for by law or in the exercise of inspection and control of public funds; iii) Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union; iv) Subsidies or financial support received by you, the spouse not separated from persons and property or by a person with whom you live in a partnership or by a company in which you participate; (Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Ownership of state-owned enterprises (SOEs) Yes. The referred declaration must also include the acts and activities that may generate incompatibilities and impediments, namely: a) The registration of activities performed, regardless of their form or regime, namely: i) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, exercised in the last three years; ii) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, to be carried out cumulatively with the mandate; b) The registration of relevant financial interests, which includes the identification of the acts that generate, directly or indirectly, payments, namely: i) Public and private legal persons to whom the services were provided; ii) Participation in advisory councils, inspection commissions or other collegiate bodies, when provided for by law or in the exercise of inspection and control of public funds; iii) Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union; iv) Subsidies or financial support received by you, the spouse not separated from persons and property or by a person with whom you live in a partnership or by a company in which you participate; (Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Holding government contracts No. Absent from legal framework. (Absent from legal framework.)
Board member, advisor, or company officer of private firm Yes. The referred declaration must also include the acts and activities that may generate incompatibilities and impediments, namely: a) The registration of activities performed, regardless of their form or regime, namely: i) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, exercised in the last three years; ii) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, to be carried out cumulatively with the mandate; b) The registration of relevant financial interests, which includes the identification of the acts that generate, directly or indirectly, payments, namely: i) Public and private legal persons to whom the services were provided; ii) Participation in advisory councils, inspection commissions or other collegiate bodies, when provided for by law or in the exercise of inspection and control of public funds; iii) Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union; iv) Subsidies or financial support received by you, the spouse not separated from persons and property or by a person with whom you live in a partnership or by a company in which you participate; (Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework. (General)
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Concurrent employment of family members in public sector No. Absent from legal framework. (General)

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 (Art 14.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Filing required upon leaving office Yes. The declaration to be presented at the end of the term of office must reflect the equity evolution that occurred during the term. (Art 14.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Filing required annually No. Absent from legal framework. (General)
Ad hoc filing required upon change in assets or conflicts of interest Yes. A new declaration must be submitted within 30 days, whenever during the exercise of functions: a) There is an effective equity change that changes the declared value referring to any of the paragraphs of Art 13.2 in an amount greater than 50 minimum monthly wages; b) There are facts or circumstances that require new registrations under the terms of paragraph 3 of the previous article. (Art 14.2 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. 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. (Art 18.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. The former position holder covered by the declaratory obligations provided for in articles 13 and 14, who, after the notification provided for in paragraph 1, does not present the respective declarations, incurs a disqualification for a period of one to five years for the exercise of office that requires the said declaration and that does not correspond to the exercise of functions as a career magistrate. Without prejudice to the provisions of the preceding paragraphs, failure to intentionally submit the declarations provided for in articles 13 and 14, after notification, is punished for a crime of qualified disobedience, with a prison sentence of up to 3 years. When the intentional non-presentation of the declarations referred to in the previous number has not been accompanied by any omission of the declaration of income or equity elements before the tax authority during the period of exercise of the duties, the conduct is punishable by a fine of up to 360 days . Anyone who, even after the notification provided for in paragraph 1, omits from the declaration presented, with the intention of hiding them, assets or income that he was obliged to declare in an amount exceeding 50 minimum monthly wages, is punished with a prison sentence. up to 3 years. (Art 18.3-6 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Unjustified equity accruals calculated under the tax regime, exceeding 50 minimum monthly wages, are taxed, for IRS purposes, at the special rate of 80% (Art 18.7 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))

Monitoring and Oversight

Depository body explicitly identified Yes. While the electronic platform for the delivery of the single declaration is not in operation, the holders of political and high public positions, and the like, deliver it to the Constitutional Court, in paper format. When the electronic platform enters into operation, the holders of political and high public positions, and the like, must deliver their declaration through the electronic platform, within 60 days. For the purposes of the preceding paragraph, the entity responsible for the operation of the electronic platform issues a notice giving publicity for its entry into operation, to be published in the 2nd series of the Diário da República and on the respective website. Until the electronic platform enters into operation, Members of the Assembly of the Republic and members of the Government also complete the registration of interests existing with that sovereign body. (Art 25.1 and 25.3-5 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Enforcement body explicitly identified No. Absent from legal framework. (General)
Some agency assigned responsibility for verifying submission Yes. The analysis and inspection of the declarations submitted under the terms of this law is for the entity to identify in its own law, which defines its competences, organization and operating rules.  (Art 20 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Some agency assigned responsibility for verifying accuracy Yes. The analysis and inspection of the declarations submitted under the terms of this law is for the entity to identify in its own law, which defines its competences, organization and operating rules.  (Art 20 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))

Public access to declarations

Public availability Yes. The single declarations of income, assets and interests referred to in paragraph 1 of article 13 and paragraph 1 of article 14 are publicly accessible under the terms of this article. (Art 17.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Timing of information release specified No. Absent from legal framework. (General)
Location(s) of access specified Yes. The Assembly of the Republic and the Government must publish on the respective websites the elements of the single declaration relating to the registration of interests of the respective holders. The other local authorities not mentioned in the previous number may create a register of interests through deliberation of the respective assemblies. (Art 15.2 and 15.4 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Cost of access specified Yes. Absent from legal framework. (General)

Ministers

Disclosure items

Spouses and children included in disclosure Yes. Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union (Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Income and Assets
Real estate Yes. The description of the elements of your patrimonial assets, of which they are holders or co-holders, namely through undivided inheritance, as well as of the patrimonial elements of which you are the owner, holder, manager, lending or tenant, by you or by an intermediary person or existing in the country or abroad, ordered by major items, namely real estate, quotas, shares or other social capital of civil or commercial companies, rights over boats, aircraft or motor vehicles, as well as securities, fixed-term bank accounts, equivalent financial investments and provided that it exceeds 50 minimum wages, current bank accounts and credit rights (Art 13.2 (b) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Movable assets Yes. The description of the elements of your patrimonial assets, of which they are holders or co-holders, namely through undivided inheritance, as well as of the patrimonial elements of which you are the owner, holder, manager, lending or tenant, by you or by an intermediary person or existing in the country or abroad, ordered by major items, namely real estate, quotas, shares or other social capital of civil or commercial companies, rights over boats, aircraft or motor vehicles, as well as securities, fixed-term bank accounts, equivalent financial investments and provided that it exceeds 50 minimum wages, current bank accounts and credit rights (Art 13.2 (b) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Cash Yes. The description of the elements of your patrimonial assets, of which they are holders or co-holders, namely through undivided inheritance, as well as of the patrimonial elements of which you are the owner, holder, manager, lending or tenant, by you or by an intermediary person or existing in the country or abroad, ordered by major items, namely real estate, quotas, shares or other social capital of civil or commercial companies, rights over boats, aircraft or motor vehicles, as well as securities, fixed-term bank accounts, equivalent financial investments and provided that it exceeds 50 minimum wages, current bank accounts and credit rights (Art 13.2 (b) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Loans and Debts Yes . The description of your liabilities, namely in relation to the State or any natural or legal persons, namely credit institutions and any companies, public or private, in the country or abroad (Art 13.2 (c) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Income from outside employment/assets Yes. The total indication of gross income, with an indication of its source, contained in the last declaration submitted for the purposes of the assessment of the income tax on natural persons, or which, when released, should be included and, when applicable, subsequent breakdown by income category; (Art 13.2 (a) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Incompatibilities
Gifts received as a public official Yes. Offers for material goods or services with an estimated value of more than 150 (euro), received within the scope of the exercise of a position or function, must be submitted to the body defined in the respective Code of Conduct. (Art 16.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Private firm ownership and/or stock holdings Yes. The referred declaration must also include the acts and activities that may generate incompatibilities and impediments, namely: a) The registration of activities performed, regardless of their form or regime, namely: i) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, exercised in the last three years; ii) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, to be carried out cumulatively with the mandate; b) The registration of relevant financial interests, which includes the identification of the acts that generate, directly or indirectly, payments, namely: i) Public and private legal persons to whom the services were provided; ii) Participation in advisory councils, inspection commissions or other collegiate bodies, when provided for by law or in the exercise of inspection and control of public funds; iii) Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union; iv) Subsidies or financial support received by you, the spouse not separated from persons and property or by a person with whom you live in a partnership or by a company in which you participate; (Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Ownership of state-owned enterprises (SOEs) Yes. The referred declaration must also include the acts and activities that may generate incompatibilities and impediments, namely: a) The registration of activities performed, regardless of their form or regime, namely: i) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, exercised in the last three years; ii) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, to be carried out cumulatively with the mandate; b) The registration of relevant financial interests, which includes the identification of the acts that generate, directly or indirectly, payments, namely: i) Public and private legal persons to whom the services were provided; ii) Participation in advisory councils, inspection commissions or other collegiate bodies, when provided for by law or in the exercise of inspection and control of public funds; iii) Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union; iv) Subsidies or financial support received by you, the spouse not separated from persons and property or by a person with whom you live in a partnership or by a company in which you participate; (Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Holding government contracts No. Absent from legal framework. (Absent from legal framework.)
Board member, advisor, or company officer of private firm Yes. The referred declaration must also include the acts and activities that may generate incompatibilities and impediments, namely: a) The registration of activities performed, regardless of their form or regime, namely: i) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, exercised in the last three years; ii) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, to be carried out cumulatively with the mandate; b) The registration of relevant financial interests, which includes the identification of the acts that generate, directly or indirectly, payments, namely: i) Public and private legal persons to whom the services were provided; ii) Participation in advisory councils, inspection commissions or other collegiate bodies, when provided for by law or in the exercise of inspection and control of public funds; iii) Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union; iv) Subsidies or financial support received by you, the spouse not separated from persons and property or by a person with whom you live in a partnership or by a company in which you participate; (Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework. (General)
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Concurrent employment of family members in public sector No. Absent from legal framework. (General)

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 (Art 14.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Filing required upon leaving office Yes. The declaration to be presented at the end of the term of office must reflect the equity evolution that occurred during the term. (Art 14.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Filing required annually No. Absent from legal framework. (General)
Ad hoc filing required upon change in assets or conflicts of interest Yes. A new declaration must be submitted within 30 days, whenever during the exercise of functions: a) There is an effective equity change that changes the declared value referring to any of the paragraphs of Art 13.2 in an amount greater than 50 minimum monthly wages; b) There are facts or circumstances that require new registrations under the terms of paragraph 3 of the previous article. (Art 14.2 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. 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. (Art 18.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. The former position holder covered by the declaratory obligations provided for in articles 13 and 14, who, after the notification provided for in paragraph 1, does not present the respective declarations, incurs a disqualification for a period of one to five years for the exercise of office that requires the said declaration and that does not correspond to the exercise of functions as a career magistrate. Without prejudice to the provisions of the preceding paragraphs, failure to intentionally submit the declarations provided for in articles 13 and 14, after notification, is punished for a crime of qualified disobedience, with a prison sentence of up to 3 years. When the intentional non-presentation of the declarations referred to in the previous number has not been accompanied by any omission of the declaration of income or equity elements before the tax authority during the period of exercise of the duties, the conduct is punishable by a fine of up to 360 days . Anyone who, even after the notification provided for in paragraph 1, omits from the declaration presented, with the intention of hiding them, assets or income that he was obliged to declare in an amount exceeding 50 minimum monthly wages, is punished with a prison sentence. up to 3 years. (Art 18.3-6 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Unjustified equity accruals calculated under the tax regime, exceeding 50 minimum monthly wages, are taxed, for IRS purposes, at the special rate of 80% (Art 18.7 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))

Monitoring and Oversight

Depository body explicitly identified Yes. While the electronic platform for the delivery of the single declaration is not in operation, the holders of political and high public positions, and the like, deliver it to the Constitutional Court, in paper format. When the electronic platform enters into operation, the holders of political and high public positions, and the like, must deliver their declaration through the electronic platform, within 60 days. For the purposes of the preceding paragraph, the entity responsible for the operation of the electronic platform issues a notice giving publicity for its entry into operation, to be published in the 2nd series of the Diário da República and on the respective website. Until the electronic platform enters into operation, Members of the Assembly of the Republic and members of the Government also complete the registration of interests existing with that sovereign body. (Art 25.1 and 25.3-5 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Enforcement body explicitly identified No. Absent from legal framework. (General)
Some agency assigned responsibility for verifying submission Yes. The analysis and inspection of the declarations submitted under the terms of this law is for the entity to identify in its own law, which defines its competences, organization and operating rules.  (Art 20 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Some agency assigned responsibility for verifying accuracy Yes. The analysis and inspection of the declarations submitted under the terms of this law is for the entity to identify in its own law, which defines its competences, organization and operating rules.  (Art 20 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))

Public access to declarations

Public availability Yes. The single declarations of income, assets and interests referred to in paragraph 1 of article 13 and paragraph 1 of article 14 are publicly accessible under the terms of this article. (Art 17.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Timing of information release specified No. Absent from legal framework. (General)
Location(s) of access specified Yes. The Assembly of the Republic and the Government must publish on the respective websites the elements of the single declaration relating to the registration of interests of the respective holders. The other local authorities not mentioned in the previous number may create a register of interests through deliberation of the respective assemblies. (Art 15.2 and 15.4 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Cost of access specified Yes. Absent from legal framework. (General)

Members of Parliament

Disclosure items

Spouses and children included in disclosure Yes. Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union (Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Income and Assets
Real estate Yes. The description of the elements of your patrimonial assets, of which they are holders or co-holders, namely through undivided inheritance, as well as of the patrimonial elements of which you are the owner, holder, manager, lending or tenant, by you or by an intermediary person or existing in the country or abroad, ordered by major items, namely real estate, quotas, shares or other social capital of civil or commercial companies, rights over boats, aircraft or motor vehicles, as well as securities, fixed-term bank accounts, equivalent financial investments and provided that it exceeds 50 minimum wages, current bank accounts and credit rights (Art 13.2 (b) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Movable assets Yes. The description of the elements of your patrimonial assets, of which they are holders or co-holders, namely through undivided inheritance, as well as of the patrimonial elements of which you are the owner, holder, manager, lending or tenant, by you or by an intermediary person or existing in the country or abroad, ordered by major items, namely real estate, quotas, shares or other social capital of civil or commercial companies, rights over boats, aircraft or motor vehicles, as well as securities, fixed-term bank accounts, equivalent financial investments and provided that it exceeds 50 minimum wages, current bank accounts and credit rights (Art 13.2 (b) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Cash Yes. The description of the elements of your patrimonial assets, of which they are holders or co-holders, namely through undivided inheritance, as well as of the patrimonial elements of which you are the owner, holder, manager, lending or tenant, by you or by an intermediary person or existing in the country or abroad, ordered by major items, namely real estate, quotas, shares or other social capital of civil or commercial companies, rights over boats, aircraft or motor vehicles, as well as securities, fixed-term bank accounts, equivalent financial investments and provided that it exceeds 50 minimum wages, current bank accounts and credit rights (Art 13.2 (b) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Loans and Debts Yes . The description of your liabilities, namely in relation to the State or any natural or legal persons, namely credit institutions and any companies, public or private, in the country or abroad (Art 13.2 (c) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Income from outside employment/assets Yes. The total indication of gross income, with an indication of its source, contained in the last declaration submitted for the purposes of the assessment of the income tax on natural persons, or which, when released, should be included and, when applicable, subsequent breakdown by income category; (Art 13.2 (a) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Incompatibilities
Gifts received as a public official Yes. Offers for material goods or services with an estimated value of more than 150 (euro), received within the scope of the exercise of a position or function, must be submitted to the body defined in the respective Code of Conduct. (Art 16.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Private firm ownership and/or stock holdings Yes. The referred declaration must also include the acts and activities that may generate incompatibilities and impediments, namely: a) The registration of activities performed, regardless of their form or regime, namely: i) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, exercised in the last three years; ii) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, to be carried out cumulatively with the mandate; b) The registration of relevant financial interests, which includes the identification of the acts that generate, directly or indirectly, payments, namely: i) Public and private legal persons to whom the services were provided; ii) Participation in advisory councils, inspection commissions or other collegiate bodies, when provided for by law or in the exercise of inspection and control of public funds; iii) Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union; iv) Subsidies or financial support received by you, the spouse not separated from persons and property or by a person with whom you live in a partnership or by a company in which you participate; (Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Ownership of state-owned enterprises (SOEs) Yes. The referred declaration must also include the acts and activities that may generate incompatibilities and impediments, namely: a) The registration of activities performed, regardless of their form or regime, namely: i) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, exercised in the last three years; ii) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, to be carried out cumulatively with the mandate; b) The registration of relevant financial interests, which includes the identification of the acts that generate, directly or indirectly, payments, namely: i) Public and private legal persons to whom the services were provided; ii) Participation in advisory councils, inspection commissions or other collegiate bodies, when provided for by law or in the exercise of inspection and control of public funds; iii) Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union; iv) Subsidies or financial support received by you, the spouse not separated from persons and property or by a person with whom you live in a partnership or by a company in which you participate; (Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Holding government contracts No. Absent from legal framework. (Absent from legal framework.)
Board member, advisor, or company officer of private firm Yes. The referred declaration must also include the acts and activities that may generate incompatibilities and impediments, namely: a) The registration of activities performed, regardless of their form or regime, namely: i) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, exercised in the last three years; ii) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, to be carried out cumulatively with the mandate; b) The registration of relevant financial interests, which includes the identification of the acts that generate, directly or indirectly, payments, namely: i) Public and private legal persons to whom the services were provided; ii) Participation in advisory councils, inspection commissions or other collegiate bodies, when provided for by law or in the exercise of inspection and control of public funds; iii) Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union; iv) Subsidies or financial support received by you, the spouse not separated from persons and property or by a person with whom you live in a partnership or by a company in which you participate; (Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework. (General)
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Concurrent employment of family members in public sector No. Absent from legal framework. (General)

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 (Art 14.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Filing required upon leaving office Yes. The declaration to be presented at the end of the term of office must reflect the equity evolution that occurred during the term. (Art 14.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Filing required annually No. Absent from legal framework. (General)
Ad hoc filing required upon change in assets or conflicts of interest Yes. A new declaration must be submitted within 30 days, whenever during the exercise of functions: a) There is an effective equity change that changes the declared value referring to any of the paragraphs of Art 13.2 in an amount greater than 50 minimum monthly wages; b) There are facts or circumstances that require new registrations under the terms of paragraph 3 of the previous article. (Art 14.2 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. 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. (Art 18.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. The former position holder covered by the declaratory obligations provided for in articles 13 and 14, who, after the notification provided for in paragraph 1, does not present the respective declarations, incurs a disqualification for a period of one to five years for the exercise of office that requires the said declaration and that does not correspond to the exercise of functions as a career magistrate. Without prejudice to the provisions of the preceding paragraphs, failure to intentionally submit the declarations provided for in articles 13 and 14, after notification, is punished for a crime of qualified disobedience, with a prison sentence of up to 3 years. When the intentional non-presentation of the declarations referred to in the previous number has not been accompanied by any omission of the declaration of income or equity elements before the tax authority during the period of exercise of the duties, the conduct is punishable by a fine of up to 360 days . Anyone who, even after the notification provided for in paragraph 1, omits from the declaration presented, with the intention of hiding them, assets or income that he was obliged to declare in an amount exceeding 50 minimum monthly wages, is punished with a prison sentence. up to 3 years. (Art 18.3-6 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Unjustified equity accruals calculated under the tax regime, exceeding 50 minimum monthly wages, are taxed, for IRS purposes, at the special rate of 80% (Art 18.7 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))

Monitoring and Oversight

Depository body explicitly identified Yes. While the electronic platform for the delivery of the single declaration is not in operation, the holders of political and high public positions, and the like, deliver it to the Constitutional Court, in paper format. When the electronic platform enters into operation, the holders of political and high public positions, and the like, must deliver their declaration through the electronic platform, within 60 days. For the purposes of the preceding paragraph, the entity responsible for the operation of the electronic platform issues a notice giving publicity for its entry into operation, to be published in the 2nd series of the Diário da República and on the respective website. Until the electronic platform enters into operation, Members of the Assembly of the Republic and members of the Government also complete the registration of interests existing with that sovereign body. (Art 25.1 and 25.3-5 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Enforcement body explicitly identified No. Absent from legal framework. (General)
Some agency assigned responsibility for verifying submission Yes. The analysis and inspection of the declarations submitted under the terms of this law is for the entity to identify in its own law, which defines its competences, organization and operating rules.  (Art 20 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Some agency assigned responsibility for verifying accuracy Yes. The analysis and inspection of the declarations submitted under the terms of this law is for the entity to identify in its own law, which defines its competences, organization and operating rules.  (Art 20 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))

Public access to declarations

Public availability Yes. The single declarations of income, assets and interests referred to in paragraph 1 of article 13 and paragraph 1 of article 14 are publicly accessible under the terms of this article. (Art 17.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Timing of information release specified No. Absent from legal framework. (General)
Location(s) of access specified Yes. The Assembly of the Republic and the Government must publish on the respective websites the elements of the single declaration relating to the registration of interests of the respective holders. The other local authorities not mentioned in the previous number may create a register of interests through deliberation of the respective assemblies. (Art 15.2 and 15.4 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Cost of access specified Yes. Absent from legal framework. (General)

Civil servants

Disclosure items

Spouses and children included in disclosure Yes. Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union (Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Income and Assets
Real estate Yes. The description of the elements of your patrimonial assets, of which they are holders or co-holders, namely through undivided inheritance, as well as of the patrimonial elements of which you are the owner, holder, manager, lending or tenant, by you or by an intermediary person or existing in the country or abroad, ordered by major items, namely real estate, quotas, shares or other social capital of civil or commercial companies, rights over boats, aircraft or motor vehicles, as well as securities, fixed-term bank accounts, equivalent financial investments and provided that it exceeds 50 minimum wages, current bank accounts and credit rights (Art 13.2 (b) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Movable assets Yes. The description of the elements of your patrimonial assets, of which they are holders or co-holders, namely through undivided inheritance, as well as of the patrimonial elements of which you are the owner, holder, manager, lending or tenant, by you or by an intermediary person or existing in the country or abroad, ordered by major items, namely real estate, quotas, shares or other social capital of civil or commercial companies, rights over boats, aircraft or motor vehicles, as well as securities, fixed-term bank accounts, equivalent financial investments and provided that it exceeds 50 minimum wages, current bank accounts and credit rights (Art 13.2 (b) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Cash Yes. The description of the elements of your patrimonial assets, of which they are holders or co-holders, namely through undivided inheritance, as well as of the patrimonial elements of which you are the owner, holder, manager, lending or tenant, by you or by an intermediary person or existing in the country or abroad, ordered by major items, namely real estate, quotas, shares or other social capital of civil or commercial companies, rights over boats, aircraft or motor vehicles, as well as securities, fixed-term bank accounts, equivalent financial investments and provided that it exceeds 50 minimum wages, current bank accounts and credit rights (Art 13.2 (b) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Loans and Debts Yes . The description of your liabilities, namely in relation to the State or any natural or legal persons, namely credit institutions and any companies, public or private, in the country or abroad (Art 13.2 (c) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Income from outside employment/assets Yes. The total indication of gross income, with an indication of its source, contained in the last declaration submitted for the purposes of the assessment of the income tax on natural persons, or which, when released, should be included and, when applicable, subsequent breakdown by income category; (Art 13.2 (a) of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Incompatibilities
Gifts received as a public official Yes. Offers for material goods or services with an estimated value of more than 150 (euro), received within the scope of the exercise of a position or function, must be submitted to the body defined in the respective Code of Conduct. (Art 16.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Private firm ownership and/or stock holdings Yes. The referred declaration must also include the acts and activities that may generate incompatibilities and impediments, namely: a) The registration of activities performed, regardless of their form or regime, namely: i) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, exercised in the last three years; ii) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, to be carried out cumulatively with the mandate; b) The registration of relevant financial interests, which includes the identification of the acts that generate, directly or indirectly, payments, namely: i) Public and private legal persons to whom the services were provided; ii) Participation in advisory councils, inspection commissions or other collegiate bodies, when provided for by law or in the exercise of inspection and control of public funds; iii) Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union; iv) Subsidies or financial support received by you, the spouse not separated from persons and property or by a person with whom you live in a partnership or by a company in which you participate; (Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Ownership of state-owned enterprises (SOEs) Yes. The referred declaration must also include the acts and activities that may generate incompatibilities and impediments, namely: a) The registration of activities performed, regardless of their form or regime, namely: i) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, exercised in the last three years; ii) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, to be carried out cumulatively with the mandate; b) The registration of relevant financial interests, which includes the identification of the acts that generate, directly or indirectly, payments, namely: i) Public and private legal persons to whom the services were provided; ii) Participation in advisory councils, inspection commissions or other collegiate bodies, when provided for by law or in the exercise of inspection and control of public funds; iii) Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union; iv) Subsidies or financial support received by you, the spouse not separated from persons and property or by a person with whom you live in a partnership or by a company in which you participate; (Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Holding government contracts No. Absent from legal framework. (Absent from legal framework.)
Board member, advisor, or company officer of private firm Yes. The referred declaration must also include the acts and activities that may generate incompatibilities and impediments, namely: a) The registration of activities performed, regardless of their form or regime, namely: i) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, exercised in the last three years; ii) Indication of positions, functions and activities, public and private, in the country or abroad, including in companies, foundations or associations, to be carried out cumulatively with the mandate; b) The registration of relevant financial interests, which includes the identification of the acts that generate, directly or indirectly, payments, namely: i) Public and private legal persons to whom the services were provided; ii) Participation in advisory councils, inspection commissions or other collegiate bodies, when provided for by law or in the exercise of inspection and control of public funds; iii) Companies in which the capital participates for itself or for the spouse not separated from persons and property or by a person with whom they live in a de facto union; iv) Subsidies or financial support received by you, the spouse not separated from persons and property or by a person with whom you live in a partnership or by a company in which you participate; (Art 13.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework. (General)
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Concurrent employment of family members in public sector No. Absent from legal framework. (General)

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 (Art 14.3 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Filing required upon leaving office Yes. The declaration to be presented at the end of the term of office must reflect the equity evolution that occurred during the term. (Art 14.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Filing required annually No. Absent from legal framework. (General)
Ad hoc filing required upon change in assets or conflicts of interest Yes. A new declaration must be submitted within 30 days, whenever during the exercise of functions: a) There is an effective equity change that changes the declared value referring to any of the paragraphs of Art 13.2 in an amount greater than 50 minimum monthly wages; b) There are facts or circumstances that require new registrations under the terms of paragraph 3 of the previous article. (Art 14.2 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))

Sanctions

Sanctions stipulated for late filing (fines, administrative, and/or criminal) Yes. 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. (Art 18.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. The former position holder covered by the declaratory obligations provided for in articles 13 and 14, who, after the notification provided for in paragraph 1, does not present the respective declarations, incurs a disqualification for a period of one to five years for the exercise of office that requires the said declaration and that does not correspond to the exercise of functions as a career magistrate. Without prejudice to the provisions of the preceding paragraphs, failure to intentionally submit the declarations provided for in articles 13 and 14, after notification, is punished for a crime of qualified disobedience, with a prison sentence of up to 3 years. When the intentional non-presentation of the declarations referred to in the previous number has not been accompanied by any omission of the declaration of income or equity elements before the tax authority during the period of exercise of the duties, the conduct is punishable by a fine of up to 360 days . Anyone who, even after the notification provided for in paragraph 1, omits from the declaration presented, with the intention of hiding them, assets or income that he was obliged to declare in an amount exceeding 50 minimum monthly wages, is punished with a prison sentence. up to 3 years. (Art 18.3-6 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Unjustified equity accruals calculated under the tax regime, exceeding 50 minimum monthly wages, are taxed, for IRS purposes, at the special rate of 80% (Art 18.7 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))

Monitoring and Oversight

Depository body explicitly identified Yes. While the electronic platform for the delivery of the single declaration is not in operation, the holders of political and high public positions, and the like, deliver it to the Constitutional Court, in paper format. When the electronic platform enters into operation, the holders of political and high public positions, and the like, must deliver their declaration through the electronic platform, within 60 days. For the purposes of the preceding paragraph, the entity responsible for the operation of the electronic platform issues a notice giving publicity for its entry into operation, to be published in the 2nd series of the Diário da República and on the respective website. Until the electronic platform enters into operation, Members of the Assembly of the Republic and members of the Government also complete the registration of interests existing with that sovereign body. (Art 25.1 and 25.3-5 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Enforcement body explicitly identified No. Absent from legal framework. (General)
Some agency assigned responsibility for verifying submission Yes. The analysis and inspection of the declarations submitted under the terms of this law is for the entity to identify in its own law, which defines its competences, organization and operating rules.  (Art 20 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Some agency assigned responsibility for verifying accuracy Yes. The analysis and inspection of the declarations submitted under the terms of this law is for the entity to identify in its own law, which defines its competences, organization and operating rules.  (Art 20 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))

Public access to declarations

Public availability Yes. The single declarations of income, assets and interests referred to in paragraph 1 of article 13 and paragraph 1 of article 14 are publicly accessible under the terms of this article. (Art 17.1 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Timing of information release specified No. Absent from legal framework. (General)
Location(s) of access specified Yes. The Assembly of the Republic and the Government must publish on the respective websites the elements of the single declaration relating to the registration of interests of the respective holders. The other local authorities not mentioned in the previous number may create a register of interests through deliberation of the respective assemblies. (Art 15.2 and 15.4 of the Public Control and Sanctioning Regime for Political Officers and Senior Public Officials (2019))
Cost of access specified Yes. Absent from legal framework. (General)

Legislation

Law on Public Control and Sanctioning Regime for Political Officers of 2019_POR (Portugese)pdf

*Last update: 2017


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

20122015201620172020Trend
Restrictions1828323218
Sanctions82525258
Monitoring and Oversight3850505038

Alternative Metric

20122015201620172020Trend
Head of State1720202017
Ministers03330
Members of Parliament2752525227
Civil servants4161686841

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. (General)
Accepting gifts No. Absent from legal framework. (General)
Private firm ownership and/or stock holdings No. Absent from legal framework. (General)
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework. (General)
Holding government contracts No. Absent from legal framework. (General)
Board member, advisor, or company officer of private firm No. Absent from legal framework. (General)
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework. (General)
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework. (General)

Sanctions

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

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework. (General)
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. (General)
Accepting gifts No. Absent from legal framework. (General)
Private firm ownership and/or stock holdings No. Absent from legal framework. (General)
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework. (General)
Holding government contracts No. Absent from legal framework. (General)
Board member, advisor, or company officer of private firm No. Absent from legal framework. (General)
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework. (General)
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework. (General)

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)
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. (General)
Enforcement body specified (sanctions, hearings) No. Absent from legal framework. (General)

Members of Parliament

Restrictions

General restriction on conflict of interest No. Absent from legal framework. (General)
Accepting gifts No. Absent from legal framework. (General)
Private firm ownership and/or stock holdings No. 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. (General)
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. (General)

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. 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 No. 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. (General)

Civil servants

Restrictions

General restriction on conflict of interest Yes. Public employees are to avoid incompatabilities in order to ensure their impartiality. Any private activity that stands in conflict with the public function must be avoided. (Art. 25, 28 Law on career and renumeration schemes for public employees (2008))
Accepting gifts No. Absent from legal framework. (General)
Private firm ownership and/or stock holdings No. Absent from legal framework. (General)
Ownership of state-owned enterprises (SOEs) Yes. An accumulation of public functions is only possible in cases specified in the law; owndership of a state-owned enterprise is not one of such exceptions. (Art. 27 Law on career and renumeration schemes for public employees (2008))
Holding government contracts Yes. Public employees cannot benefit from contracts that his own or related organisation units enter. (Art. 30 Law on career and renumeration schemes for public employees (2008))
Board member, advisor, or company officer of private firm No. Absent from legal framework. (General)
Post-employment No. Absent from legal framework. (General)
Simultaneously holding policy-making position and policy-executing position Yes. An accumulation of public functions is only possible in cases specified in the law; Nopolicy-making positions are part of these exceptions. (Art. 27 Law on career and renumeration schemes for public employees (2008))
Participating in official decision-making processes that affect private interests No. Absent from legal framework. (General)
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework. (General)

Sanctions

Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. The reporting obligation of omission constitutes a grave offense for the purposes disciplinary. (Article 51 of the Code of Administrative Procedure (1991, as amended in 2008))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework. (General)

Monitoring and Oversight

Monitoring body specified (guidance, training, data tracking) Yes. The respective competent authority receives applications from any publich employees who wish to pursue additional private activity. Based on whether or not a conflict of interests exists, it decides whether or not to grant the pubic servant carrying out this private activity. (Art. 29 Law on career and renumeration schemes for publich employees (2008))
Enforcement body specified (sanctions, hearings) No. Each administrative body has a president and secretary, who are responsible for supervising that laws are kept to. (Article 14 of the Code of Administrative Procedure (1991, as amended in 2008))

Legislation

Constitution of the Portuguese Republic of 1976 (Portuguese)pdf
Law on the Regime of Holders of Political Offices and High Public Positions of 2019 (Portuguese)pdf
Government Code of Conduct of 2019 (Portuguese)pdf
Statute for Members of 1993 (Portuguese)pdf
Code of Conduct for Members of the Portuguese Parliament of 2019 (Portuguese)pdf
Administrative Procedure Code of 2015 (Portuguese)pdf
General Labour Law for Civil Servants of 2014 (Portuguese)pdf

*Last update: 2017


Freedom of Information

The access to information framework in Portugal is established by the Constitution (1976) and the Law No. 26/2016 on access to and the re-use of administrative documents (2016). 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

20122015201620172020Trend
Scope and Coverage100100100100100
Information access and release7171717171
Exceptions and Overrides6750506767
Sanctions for non-compliance00000
Monitoring and Oversight3333333333

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, amended 2005)
"Information" or "Documents" is defined Yes. - For the purposes of this law, it is considered: (a) 'administrative document' means any content, or part thereof, which is held or held on behalf of the bodies and entities referred to in in the following article, be the information medium in written, visual, sound, electronic or other material form, including, in particular, those relating to; i) Procedures for issuing administrative acts and regulations; (ii) procurement procedures, including contracts concluded; iii) Budget and financial management of organs and entities; (iv) Human resources management, in particular the procedures for recruitment, evaluation, exercise of disciplinary powers and any modifications of their legal relations. b) 'Nominative document' means the administrative document containing personal data, defined in accordance with the legal regime for data protection personal; (c) 'open format' means a publicly available and reusable file format, regardless of the platform used, in accordance with the which regulates the adoption of open standards for digital information in the Public Administration; (d) 'Machine readable format' means a structured file format so that it is possible, through software applications, to identify, recognize and extract specific data, including declarations of fact, as well as their internal structure; (e) 'environmental information' means any information of an administrative nature in written, visual, sound, electronic or other physical form, relating to: (i) the condition of the elements of the environment, such as air and atmosphere, water, soil, land, landscape and areas of natural interest, including areas wetlands, coastal and marine areas, biological diversity and its components, including genetically modified organisms, and the interaction between these elements; (ii) to factors such as substances, energy, noise, radiation or waste, including radioactive waste, emissions, discharges and other releases for the environment, which affect or may affect the elements of the environment referred to in the previous paragraph; (iii) political, legislative and administrative measures, including plans, programs, environmental agreements and actions affecting or likely to affect elements or factors referred to in the previous sub-paragraphs, as well as measures or actions aimed at their protection; iv) Reports on the implementation of environmental legislation; (v) cost-benefit analyzes and other economic assessments and scenarios used within the framework of environmental measures and activities referred to in (iii); (vi) the health and safety of persons, including contamination of the food chain, living conditions, cultural interests and constructions insofar as they are or may be affected by the condition of the elements referred to in point (i) or, through those factors or measures referred to in points (ii) and (iii); (f) 'open formal standard' means a standard drawn up in written form, detailing specifications as regards the requirements to ensure the interoperability of software; (g) 're-use' means the use, by natural or legal persons, of administrative documents for commercial or non-commercial purposes other than the service for which the documents were produced. 2 - Administrative documents are not considered for the purposes of this law: a) Personal notes, sketches, notes, personal electronic communications and other records of a similar nature, whatever their support; b) Documents whose preparation does not depend on the administrative activity, namely those related to the meeting of the Council of Ministers and / or meeting of Secretaries of State and their preparation; c) Documents produced within the diplomatic relations of the Portuguese State. (Article 3 Law No. 26/2016 on access to and the re-use of administrative documents (amended 2020))
Proactive disclosure is specified Yes. 1 - The bodies and entities to which this law applies shall advertise on their websites on a periodic and updated basis, at least every six months: a) Administrative documents, data or lists that invent them that they deem freely available for access and re-use under the terms of this law, without prejudice to the legal regime for the protection of personal data; b) The electronic address, place and time for on-site consultation, request model or other suitable means through which requests for access and re-use of the information and documents covered by this law may be sent; c) The information whose knowledge is relevant to guarantee the transparency of the activity related to its operation, at least the following: i) Activity plans, budgets, activity reports and accounts, social report and other similar management tools; ii) Composition of its management and supervisory bodies, organization chart or other internal organic model; iii) All documents, namely internal normative orders, circulars and guidelines, which carry a strategic framework of the administrative activity; iv) The enunciation of all documents that carry generalizing interpretation of positive law or generic description of administrative procedure, mentioning in particular their title, subject, date, origin and place where they can be consulted. d) The rules and conditions for the re-use of the information applicable in each case. 2 - The administrative information available on the Internet sites referred to in the preceding paragraph is indexed in the online public information search system, pursuant to article 49 of Decree-Law no. 135/99 of April 22 , amended by Decree-Laws No. 29/2000 of 13 March, 72-A / 2010 of 18 June and 73/2014 of 13 May. 3 - The information referred to in this article shall be made available in an open format and in terms that allow unrestricted access to the contents, giving priority to the availability in machine-readable formats that allow its automated processing. 4. The administrative information referred to in paragraph 1 (c) shall remain available for two years or, in the case of local authorities, for the duration of each term, excluding the period of validity, where applicable, or during the appropriate time for the satisfactory disclosure of its contents, if superior. 5 - The active disclosure of information should ensure respect for the access restrictions provided for in this law, and partial disclosure should be made whenever it is possible to purge the information related to the reserved matter. (Article 10 Law No. 26/2016 on access to and the re-use of administrative documents (amended 2020))

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. (Article 4 Law No. 26/2016 on access to and the re-use of administrative documents (amended 2020))
Legislative branch Yes. Administrative documents relevant to the legislature (Article 4 Law No. 26/2016 on access to and the re-use of administrative documents (amended 2020))
Judicial branch Yes. Administrative documents relevant to the judiciary (Article 4 Law No. 26/2016 on access to and the re-use of administrative documents (amended 2020))
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. 26/2016 on access to and the re-use of administrative documents (amended 2020))
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. 26/2016 on access to and the re-use of administrative documents (amended 2020))

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

Draft legal instruments Yes. 1 - The bodies and entities to which this law applies shall advertise on their websites on a periodic and updated basis, at least every six months: c) The information whose knowledge is relevant to guarantee the transparency of the activity related to its operation, at least the following: iii) All documents, namely internal normative orders, circulars and guidelines, which carry a strategic framework of the administrative activity; iv) The enunciation of all documents that carry generalizing interpretation of positive law or generic description of administrative procedure, mentioning in particular their title, subject, date, origin and place where they can be consulted. d) The rules and conditions for the re-use of the information applicable in each case. (Article 10 Law No. 26/2016 on access to and the re-use of administrative documents (amended 2020))
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, amended 2005)
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 73-74, Budgetary Framework Law Law No. 151/2015)
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 73-74, Budgetary Framework Law Law No. 151/2015)
Annual reports of public entities and programs Yes. 1 - The bodies and entities to which this law applies shall advertise on their websites on a periodic and updated basis, at least every six months: c) The information whose knowledge is relevant to guarantee the transparency of the activity related to its operation, at least the following: iii) All documents, namely internal normative orders, circulars and guidelines, which carry a strategic framework of the administrative activity; iv) The enunciation of all documents that carry generalizing interpretation of positive law or generic description of administrative procedure, mentioning in particular their title, subject, date, origin and place where they can be consulted. d) The rules and conditions for the re-use of the information applicable in each case. (Article 10 Law No. 26/2016 on access to and the re-use of administrative documents (amended 2020))

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. 26/2016 on access to and the re-use of administrative documents (amended 2020))
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 12 Law No. 26/2016 on access to and the re-use of administrative documents (amended 2020))
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) Partially. 1 - Access to health information by the holder, or third parties with their consent or according to the law, is exercised through a physician if the holder of the information so requests, with respect to the provisions of Law no. 12/2005, of January 26. 2 - If it is not possible to establish the will of the holder regarding access, it is always carried out with the intermediary of a physician. 3 - In the case of access by third parties with the consent of the data subject, only information expressly covered by the instrument of consent should be communicated. 4 - In other cases of access by third parties, only information that is strictly necessary for the direct, personal, legitimate and constitutionally protected interest that supports access can be transmitted. (Article 7 Law No. 26/2016 on access to and the re-use of administrative documents (amended 2020))
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. 1 - Access through the means provided for in points b) and c) of paragraph 1 of the previous article shall be made through a single copy, subject to payment, by applicant, of the fixed rate, which shall comply with the following principles: (a) correspond to the sum of the proportional charges with the use of machines and tools for the collection, production and reproduction of the costs of the materials used and with the service provided, not exceeding the average market value per corresponding service; b) In the case of issuance of a certificate, when the document made available constitutes the material result of an administrative activity for which fees or charges, the charges referred to in the previous paragraph may be increased by a reasonable amount, in view of the direct costs and investments and the good quality of the service, in accordance with the applicable legislation; (c) The fees collected may, where applicable and required by law, increase the cost of anonymizing documents and remittance charges, where this is be made by post; d) In the case of reproduction carried out by electronic means, namely sending by e-mail, no fee is due. (Article 14 Law No. 26/2016 on access to and the re-use of administrative documents (amended 2020))

Deadlines for release of information

20-day response deadline Yes. The response deadline is 10 days. (Article 15.1 Law No. 26/2016 on access to and the re-use of administrative documents (amended 2020))
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 15.1 Law No. 26/2016 on access to and the re-use of administrative documents (amended 2020))
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 15.1 Law No. 26/2016 on access to and the re-use of administrative documents (amended 2020))

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, amended 2020)
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, amended 2005 Law No. 58/2019 on the protection of individuals with regard to the processing of personal data and on the free circulation of that data)
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. 26/2016 on access to and the re-use of administrative documents (amended 2020) Law No. 58/2019 on the protection of individuals with regard to the processing of personal data and on the free circulation of that data 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 Yes. Communicate in writing the reasons for the total or partial refusal of access to the document, as well as the guarantees of administrative and contentious appeal that the applicant has against this decision, namely the submission of a complaint to CADA and the judicial summons of the requested entity (Article 15 Law No. 26/2016 on access to and the re-use of administrative documents (amended 2020))
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. (Articles 15 and 30 Law No. 26/2016 on access to and the re-use of administrative documents (amended 2020))
Judicial appeals mechanism Yes. The decision of the CADA may be brought before the administrative courts for an appeal. (Article 15 Law No. 26/2016 on access to and the re-use of administrative documents (amended 2020))

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 or entity referred to in Article 4 (1) shall designate a person responsible for compliance with the provisions of this law, which shall be responsible for organizing and promoting the obligations of active disclosure of information to which the body or entity is bound. , monitor the processing of requests for access and re-use and establish the necessary articulation for the exercise of the powers of the Commission for Access to Administrative Documents, hereinafter referred to as CADA. (Article 9 Law No. 26/2016 on access to and the re-use of administrative documents (amended 2020))
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. 26/2016 on access to and the re-use of administrative documents (amended 2020))
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 (General)

Legislation

Constitution of the Portuguese Republic of 1976_POR (Portuguese)pdf
Law No. 26 of 2016 on Access to and the Re-use of Administrative Documents_POR (Portuguese)pdf
Budget Framework Law No. 151 of 2015_POR (Portuguese)pdf
Code of Criminal Procedure of 1987_POR (Portuguese)pdf
Law No. 58 of 2019 on the Protection of Personal Data_POR (Portuguese)pdf
Legal diploma regulating the activity of the Commission for the Declassification of Diplomatic Records of 2004_POR (Portuguese)pdf

*Last update: 2017


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 7,500 for goods

▪         EUR 15,000 for works

▪         EUR 7,500 for services

The minimum number of bidders is 5 for restricted procedures and 3 for negotiated procedures and competitive dialogue. The minimum submission period is 9 days for open procedures, 9 days for restricted procedures and 40 days for negotiated procedures from dispatch date. If tenders are above the EU threshold, the minimum period is 47 days.

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 no conflict of interest restrictions on the composition of the evaluation committee and provisions on the  independence of  the contracting authority.

There is a payable fee in case of an arbitration procedure based on the value in dispute.


Quantitative Data

Primary Metric

20122015201620172020Trend
Scope818186
Information availability33333346
Evaluation75757569
Open competition64646461
Institutional arrangements29292929

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 20000. The direct award procedure can be used for contracts with a value of less than EUR 20,000. When the contract value is less than EUR 75,000, prior consultation, with an invitation sent to at least three entities is required. Contracting entities must publicise on the Public Procurement Portal the award notice of any contract concluded under the direct award procedure. Otherwise such a contract will be ineffective and it will not be possible to start its performance or to make any payment under its provisions. However, if the value is less than EUR 5,000 it is not subject to certain formalities provided for in the Code (e.g. the award can be made by the competent body based directly on an invoice or an equivalent document presented by the invited entity, with exemption from electronic processing), including those relating to the conclusion of the contract and its publication. (Public Procurement Code, as amended in 2020, Arts. 20, 127, 128 (1) (3) and 465 (1))
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) EUR 30000. The direct award procedure can be used for contracts with a value of less than EUR 30,000. When the contract value is less than EUR 150,000, prior consultation, with an invitation sent to at least three entities is required. Contracting entities must publicise on the Public Procurement Portal the award notice of any contract concluded under the direct award procedure. Otherwise such a contract will be ineffective and it will not be possible to start its performance or to make any payment under its provisions. However, if the value is less than EUR 5,000 it is not subject to certain formalities provided for in the Code (e.g. the award can be made by the competent body based directly on an invoice or an equivalent document presented by the invited entity, with exemption from electronic processing), including those relating to the conclusion of the contract and its publication. (Public Procurement Code, as amended in 2020, Arts. 19, 127, 128 (1) (3) and 465 (1))
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) EUR 20000. The direct award procedure can be used for contracts with a value of less than EUR 20,000. When the contract value is less than EUR 75,000, prior consultation, with an invitation sent to at least three entities is required. Contracting entities must publicise on the Public Procurement Portal the award notice of any contract concluded under the direct award procedure. Otherwise such a contract will be ineffective and it will not be possible to start its performance or to make any payment under its provisions. However, if the value is less than EUR 5,000 it is not subject to certain formalities provided for in the Code (e.g. the award can be made by the competent body based directly on an invoice or an equivalent document presented by the invited entity, with exemption from electronic processing), including those relating to the conclusion of the contract and its publication. (Public Procurement Code, as amended in 2020, Arts. 20, 127, 128 (1) (3) and 465 (1))

Threshold - by PP type

What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) EUR 20000. The direct award procedure can be used for contracts with a value of less than EUR 20,000. When the contract value is less than EUR 75,000, prior consultation, with an invitation sent to at least three entities is required. Contracting entities must publicise on the Public Procurement Portal the award notice of any contract concluded under the direct award procedure. Otherwise such a contract will be ineffective and it will not be possible to start its performance or to make any payment under its provisions. However, if the value is less than EUR 5,000 it is not subject to certain formalities provided for in the Code (e.g. the award can be made by the competent body based directly on an invoice or an equivalent document presented by the invited entity, with exemption from electronic processing), including those relating to the conclusion of the contract and its publication. (Public Procurement Code, as amended in 2020, Arts. 20, 127, 128 (1) (3) and 465 (1))
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) EUR 418000. EU thresholds apply (Public Procurement Code, as amended in 2020, Arts. 11 (1) (b) iv. and 474 (4) (b))
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) EUR 428000. EU thresholds apply (Public Procurement Code, as amended in 2020, Art. 5 (4) (h) Decree Law No. 104 of 2011 (as of 2020), Art. 1 (4) (5))

Threshold - by product type

What are the minimum application thresholds for the procurement type? (Product type GOODS) EUR 20000. The direct award procedure can be used for contracts with a value of less than EUR 20,000. When the contract value is less than EUR 75,000, prior consultation, with an invitation sent to at least three entities is required. Contracting entities must publicise on the Public Procurement Portal the award notice of any contract concluded under the direct award procedure. Otherwise such a contract will be ineffective and it will not be possible to start its performance or to make any payment under its provisions. However, if the value is less than EUR 5,000 it is not subject to certain formalities provided for in the Code (e.g. the award can be made by the competent body based directly on an invoice or an equivalent document presented by the invited entity, with exemption from electronic processing), including those relating to the conclusion of the contract and its publication. (Public Procurement Code, as amended in 2020, Arts. 20, 127, 128 (1) (3) and 465 (1))
What are the minimum application thresholds for the procurement type? (Product type WORKS) EUR 30000. The direct award procedure can be used for contracts with a value of less than EUR 30,000. When the contract value is less than EUR 150,000, prior consultation, with an invitation sent to at least three entities is required. Contracting entities must publicise on the Public Procurement Portal the award notice of any contract concluded under the direct award procedure. Otherwise such a contract will be ineffective and it will not be possible to start its performance or to make any payment under its provisions. However, if the value is less than EUR 5,000 it is not subject to certain formalities provided for in the Code (e.g. the award can be made by the competent body based directly on an invoice or an equivalent document presented by the invited entity, with exemption from electronic processing), including those relating to the conclusion of the contract and its publication. (Public Procurement Code, as amended in 2020, Arts. 19, 127, 128 (1) (3) and 465 (1))
What are the minimum application thresholds for the procurement type? (Product type SERVICES) EUR 20000. The direct award procedure can be used for contracts with a value of less than EUR 20,000. When the contract value is less than EUR 75,000, prior consultation, with an invitation sent to at least three entities is required. Contracting entities must publicise on the Public Procurement Portal the award notice of any contract concluded under the direct award procedure. Otherwise such a contract will be ineffective and it will not be possible to start its performance or to make any payment under its provisions. However, if the value is less than EUR 5,000 it is not subject to certain formalities provided for in the Code (e.g. the award can be made by the competent body based directly on an invoice or an equivalent document presented by the invited entity, with exemption from electronic processing), including those relating to the conclusion of the contract and its publication. (Public Procurement Code, as amended in 2020, Arts. 20, 127, 128 (1) (3) and 465 (1))

Information availability

Publishing and record keeping

Is there a requirement that tender documents must published in full? Yes. The contracting entities make available, in the respective electronic public procurement platform, free of charge and in full the procurement documents, from the date of publication of the respective announcement. Procedural parts that cannot, totally or partially, be made available without access restrictions, namely for security reasons, are made available by other appropriate means, which must be indicated to the interested parties. (Public Procurement Code, as amended in 2020, Arts. 133 and 465)
Are any of these documents published online at a central place? Yes. Public procurement web portal ("Base, Portal dos Contratos Públicos"): http://www.base.gov.pt/Base/pt/Homepage
Is it mandatory to keep all of 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. The contracting authority must keep, for a period of four years from the date of conclusion of the contract, all notifications and communications, as well as documents relating to the training procedure that justify all the decisions taken, namely: a) The decision to choose the procedure and the respective grounds; b) The identification of candidates and competitors; c) The content of the applications and proposals submitted; d) The qualification decision and the respective grounds; e) The award decision and respective grounds; f) The grounds for the eventual exclusion of applications and proposals; g) Possible causes for non-award; h) The object of the contract and the respective contract price. The contracting authority must send to the European Commission, at its request, a report containing information on the procedure and the decisions made therein. Additionally, contractors, subcontractors, as well as third parties are required to keep on file the contracts concluded in which they are involved for a period of five years from the date of completion of the works. (Public Procurement Code, as amended in 2020, Arts. 107 and 384 (4))
Are contracts awarded within a framework agreement published (ie mini contracts)? Yes. Contracts awarded within a framework agreement are published within 30 days after the end of each quarter. (Public Procurement Code, as amended in 2020, Arts. 78 (1) (5) and 465 (1))

Sub-contracting

Is it mandatory to publish information on subcontractors (ie names) in some cases? No. For contracts above EU thresholds, information on subcontractors can be included in the contract award notice, which must follow the template contained in Annex V, Part D of Directive 2014/24/UE. For contracts below EU thresholds, there is no express requirement to publish such information. (Public Procurement Code, as amended in 2020, Arts. 78 (1), 127, 465 and Annex III)
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. 0%.

Evaluation

Preferential treatment

Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes. Unless the object of the contract so justifies, the technical specifications cannot refer to a specific manufacture or source, to a specific procedure that characterizes the products or services provided by a specific supplier, or to trademarks, patents, types, origins or modes certain production processes that have the effect of favoring or eliminating certain companies or products. These references are only authorized, exceptionally, in the event that a sufficiently precise and intelligible description of the object of the contract is not possible, however, it must be accompanied by the mention "or equivalent". (Public Procurement Code, as amended in 2020, Art. 49 (8) (9))
Is there a preferential treatment for small-to-medium enterprises (SMEs)? Yes. The fact that a proposal has been submitted by social enterprises or by small and medium-sized companies shall be a tiebreaker criterion, in ascending order of the category companies, aside from factors and sub-factors established in Art. 75 of the Public Procurement Code, which are provided in decreasing order of relative weighting. (Public Procurement Code, as amended in 2020, Arts. 74 (6) and 472 (1))
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No. In public procurement, general principles arising from the Constitution, the Treaties of the European Union and the Code of Administrative Procedure must be respected, in particular the principles of legality, the pursuit of the public interest, impartiality, proportionality, good faith, the protection of trust, sustainability and responsibility, as well as the principles of competition, advertising and transparency, equal treatment and non-discrimination. Contracting authorities must take appropriate measures to prevent, identify and effectively resolve conflicts of interest arising in the conduct of public procurement procedures, in order to avoid any distortion of competition and to ensure equal treatment for economic operators. (Public Procurement Code, as amended in 2020, Art. 1-A (1) (3))
Is there a specific set of rules for green/sustainable procurement? Yes. Generally, contracting entities must ensure, in the drafting and execution of public contracts, that economic operators respect the applicable rules in force in social, labor, environmental and gender equality matters, arising from international, European, national or regional law. In public works contracts, the execution project must be accompanied, in addition to other legally required elements that are justified depending on the specific characteristics of the work, of (inter alia) environmental studies, including the statement of environmental impact, under the terms of the applicable legislation. Additionally, environmental or social sustainability of the contract execution mode, namely with regard to the time of transport and availability of the product or service, especially in the case of perishable products, and the designation of origin or geographical indication, in the case of certified products, are factors to be taken into account in the awarding of a contract. (Public Procurement Code, as amended in 2020, Arts. 1-A (1) (3), 42 (6), 43 (5), 49 (7), 164 (2), 165 (1) (d), 246 (4) and 428 (2))

Bid evaluation

Are there restrictions on allowable grounds for tenderer exclusion? Yes. Main allowable grounds for tenderer exclusion are: a) insolvency declared by judicial decision, liquidation, dissolution or cessation of activity, subject to any means of settlement with creditors or in any similar situation; b) conviction by a final judgment of any offense concerning professional conduct; c) subject to the application of administrative penalty for grave professional misconduct; d) debts to the social security scheme in Portugal or, if this is the case, in the State of which they are nationals; e) debt taxes in Portugal or, if this is the case, in the State of which they are nationals or in which its head office is situated; f) additional sanction provided for in paragraph (e) of paragraph 1 of article 21 of Decree-Law no. 433/82 of 27 October, in paragraph (b) of paragraph 1 of article 71 of Law no. 19/2012, of 8 May, and in paragraph 1 of article 460(2) of the Public Procurement Code, during the period of inability to set the condemnatory decision; g) additional sanction provided for in paragraph (b) of paragraph 2 of article 562(2) of the Labor Code; h) administrative or judicial penalty for use of labor legally subject to the payment of taxes and social security contributions, not declared under the rules that impose this obligation, in Portugal or in the State of which they are nationals or in which its head office is situated; i) conviction by a final judgment of one of the following crimes: (i) participation in a criminal organization; (ii) corruption; (iii) fraud; (iv) money laundering; (v) terrorism; (vi) child labour and human trafficking; (vii) direct or indirect provision of advice or technical support in the preparation and drafting of parts of the procedure which gives them an advantage which distorts the normal competitive conditions; j) conflict of interests. (Public Procurement Code, as amended in 2020, Art. 55)
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. Yes. Bids are excluded where: a) necessary documents have not been submitted; b) they have attributes that violate the basic parameters laid down in the contract documents or showing any terms or conditions that violate aspects of the execution of the contract to be concluded by that are not subject to competition; c) it is impossibile to assess the bid due to the form of presentation of some of their attributes; d) the contract price would be higher than the base price; e) a total price is abnormally low and the justification is not satisfactory; f) the final contract would imply the violation of any legal requirements or applicable regulations; g) the existence of strong evidence of acts, agreements, practices or information likely to distort the rules of competition. (Public Procurement Code, as amended in 2020, Arts. 70 (2) and 71)
Is scoring criteria published? Yes. The tender announcement should indicate the scoring criteria. (Public Procurement Code, as amended in 2020, Arts. 132 (1) (n) and 139)
Are decisions always made by a committee? Yes. With the exception of the direct award and the cases of prior consultation or urgent public tender, the procedures for the formation of contracts are conducted by a jury, designated by the competent body, composed, in an odd number, by a minimum of three members members, one of whom chairs, and two alternates. The members of the competent body for the decision to award the contract may be appointed as members of the jury. The jury may be excused in procedures in which only one proposal is submitted. (Public Procurement Code, as amended in 2020, Art. 67 (1) )
Are there regulations on evaluation committee composition to prevent conflict of interest? Yes. Before the start of their duties, the members of the jury and all other stakeholders in the bid evaluation process, namely experts, subscribe to a declaration that there are no conflicts of interest, according to the model set out in Annex xiii to the Public Procurement Code. Conflict of interest is considered to be any situation in which the manager or employee of a contracting authority or a service provider acting on behalf of the contracting authority, who participates in the preparation and conduct of the public contract formation procedure or who may influence the results of the same, has, directly or indirectly, a financial, economic or other personal interest likely to compromise its impartiality and independence in the context of the referred procedure. (Public Procurement Code, as amended in 2020, Arts. 1-A (3) (4), 67 (5) and Annex XIII)
Is some part of evaluation committee mandatorily independent of contracting authority? No.
Are scoring results publicly available? No.
Does the law specify under which conditions the tender can be cancelled? Yes. The tender procedure is extinguished when: a) no candidate has turned up or no competitor has submitted a proposal; b) all applications or all proposals have been excluded; c) due to unforeseen circumstances, it is necessary to change fundamental aspects of the parts of the procedure; d) supervening circumstances regarding the assumptions of the decision to award a contract justify it; e) in the cases referred to in paragraph 5 of article 47, the contracting authority considers, reasonably, that all prices presented are unacceptable; f) in the competitive dialogue procedure, none of the solutions presented meets the needs and requirements of the contracting authority; g) in the procedure for concluding a framework agreement with several entities, the number of applications or proposals submitted or admitted is less than the minimum number provided for in the tender documents. The decision not to award, as well as the respective grounds, must be notified to all bidders. In the case of paragraph c), it is mandatory to initiate a new procedure within a maximum period of six months from the date of notification of the decision not to award. When the body responsible for the decision to award a contract decides not to award based on the provisions of paragraphs c) and d), the contracting entity shall compensate competitors, whose proposals have not been excluded, for the charges in which they have incurred with the preparation of the respective proposals. (Public Procurement Code, as amended in 2020, Arts. 79 and 80)

Open competition

CFT publication

Does the law specify the location for publicizing open calls for tenders? Yes. Diário da República (paper and electronic), Public Procurement Portal (http://www.base.gov.pt/Base/pt/Homepage) and Official Journal of the European Union (Public Procurement Code, as amended in 2020, Arts. 130 (1), 131 and 465)
Does the law specify the location for publicizing restricted calls for tenders? Yes. Diário da República (paper and electronic), Public Procurement Portal (http://www.base.gov.pt/Base/pt/Homepage) and Official Journal of the European Union (Public Procurement Code, as amended in 2020, Arts. 130 (1), 131, 167 (1) (2) and 465)
Does the law specify the location for publicizing negotiated calls for tenders? Yes. Diário da República (paper and electronic), Public Procurement Portal (http://www.base.gov.pt/Base/pt/Homepage) and Official Journal of the European Union (Public Procurement Code, as amended In 2020, Arts. 130 (1), 131, 197 (1) (2) and 465)

Minimum # of bidders

What is the minimum number of bidders for restricted procedures? General. (Public Procurement Code, as amended in 2020, Art. 164 (1) (m) ii)
What is the minimum number of bidders for negotiated procedures? General. (Public Procurement Code, as amended in 2020, Art. 196 (a))
What is the minimum number of bidders for competitive dialogue procedures? General. (Public Procurement Code, as amended in 2020, Art. 206 (2))

Bidding period length

What are the minimum number of days for open procedures? 6. For contracts below EU thresholds, the minimum applicable is 6 days for goods and services and 14 days for works. For contracts above EU thresholds, 30 days is the minimum. (Public Procurement Code, as amended in 2020, Arts. 135 and 136 )
What are the minimum number of days for restricted procedures? 6. For contracts below EU thresholds, the minimum applicable is 6 days. For contracts above EU thresholds, 30 days is the minimum. (Public Procurement Code, as amended in 2020, Arts. 173 and 174)
What are the minimum number of days  for competitive negotiated procedures? General. Minimum of 30 days. (Public Procurement Code, as amended in 2020, Art. 198 (1))

Institutional arrangements

Institutions and regulations

Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. The Public Procurement Code does not apply to contracts concluded in the context of: a) an international convention previously communicated to the European Commission, and concluded under the terms of the Treaties of the European Union, between the Portuguese Republic and one or more third States, regarding works, goods or services intended for the joint execution or exploitation of a project by its signatories; b) specific procedure of an international organization to which the Portuguese Republic is a party; c) rules applicable to public contracts determined by an international organization or international financial institution, when the contracts in question are financed in full by that organization or institution; d) development cooperation instruments, with an entity based in one of the signatory States and for the benefit of that State, provided that it is not a signatory to the Agreement on the European Economic Area; e) provisions of Article 346 of the Treaty on the Functioning of the European Union; f) an international agreement or arrangement concerning the stationing of troops and involving companies from a Member State or a third country. It is also not applicable to: a) employment contracts in public functions and individual employment contracts; b) contracts for the donation of movable property in favor of any contracting entity; c) purchase and sale, donation, exchange and lease agreements for real estate or similar contracts; d) contracts for the acquisition, development, production or co-production of programs intended for audiovisual or radio media services, awarded by audiovisual or radio media service providers, and airtime contracts or for the provision of programs to them awarded; e) contracts intended to satisfy the needs of peripheral services or delegations of the contracting entities referred to in article 2, located outside the national territory and as such subject to the legal regime of the law that is considered applicable under the general terms of international law , except for contracts concluded and executed in the European Economic Area whose value is equal to or greater than that referred to in Article 474 (3) (a), (b) and (c), in which case Part II applies. (Public Procurement Code, as amended in 2020, Art. 4)
Does the law specify the main types of institutions that must apply the public procurement law? Yes. Main types of institutions include: 1. the State; 2. Autonomous Regions; 3. Local Governments; 4. Public Institutes; 5. Public Foundations; 6. Public associations; 7. Any associations comprising one or more of the aforementioned institutions, provided that they are financed for the most part by those legal persons, are subject to their management supervision, or have an administrative, managerial or supervisory board more than a half of whose members are directly or indirectly appointed by them; 8. Enterprises owned by the State, the autonomous regions or the local governments, when operating outside the logic of the market and free competition and where the following types of contracts are concerned: public works contracts, concession contracts (for works and services), contracts for the purchase and lease of goods and contracts for the purchase of services; 9. Private entities operating in the water, energy, transport and post services sectors, and holding special or exclusive rights. (Public Procurement Code, as amended in 2020, Arts. 2 and 3)
Does the law specify the main procedure types or procurement methods permitted? Yes. 1. Direct award; 2. Open tender procedure; 3. Open tender procedure – special regime; 4. Restricted tender procedure; 5. Negotiation procedure; 6. Competitive dialogue; and 7. Innovation partnership. (Public Procurement Code, as amended in 2020, Art. 16)
Is there a procurement arbitration court dedicated to public procurement cases? Yes. An administrative appeal of the evalution committee's deliberations and decisions must be filed with the competent body (designated as such by law or by delegation) for the decision to award a public contract. Additionally, the Administrative Arbitration Centre ("CAAD - Centro de Arbitragem Administrativa") is the authority responsible for the resolution of disputes concerning public contracts, as well as other administrative and tax disputes. In disputes with a value greater than EUR 500,000, an arbitral award may be appealed to the competent administrative tribunal. However, in case of an appeal, there is no suspensive effect of the arbitral award. Other authorised arbitration tribunals can be found at: http://www.base.gov.pt/Base/pt/Documentacao/CentrosdeArbitragemInstitucionalizados. Finally, administrative tribunals can be directly accessed (first instance), as they also have jurisdiction over public contracts and tenders. (Public Procurement Code, as amended in 2020, Arts. 267, 271 (2) and 476 Code of Procedure in Administrative Courts (as of 2020), Arts. 100 and 103 Decision No. 5097/2009 of the State Secretary of Justice)
Is there a procurement regulatory body dedicated to public procurement? No.
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? No.
Is disclosure of final, beneficial owners required for placing a bid? No.

Complaints

Is there a fee for arbitration procedure? Yes. The Code of Court Fees ("Código das Custas Judiciais") stipulates amounts and methods to calculate court fees (for proceedings initiated before administrative tribunals). Proceedings initiated before CAAD are also subject to payment of a fee. Its value can be calculated and/or consulted online (https://www.caad.org.pt/administrativo/simulador). (Public Procurement Code, as amended in 2020, Arts. 267 and 476 (4) Code of Procedure in Administrative Courts (as of 2020), Art. 189 (2))
Is there a ban on contract signature until arbitration court decision (first instance court)? Yes. The presentation of any administrative objections does not suspend the execution of subsequent phases of the procedure in question. However, as long as the administrative challenges have not been decided or the deadline for the respective decision has not elapsed, the decision on the qualification of bidders, as well as the award decision are suspended, and the negotiation phase cannot start. In proceedings initiated before an administrative tribunal, the effects of the contested act/decision are suspended until the tribunal reviews it. It is unclear whether there is a ban on contract signature in proceedings initiated before the Administraive Arbitration Centre (CAAD). (Public Procurement Code, as amended in 2020, Arts. 267 and 272 Code of Procedure in Administrative Courts (as of 2020), Art. 103-A)
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? General. For proceedings initiated before CAAD, the decision is rendered within a maximum period of 6 months from the constitution of the arbitral tribunal, according to CAAD's website. Administrative objections are decided within 5 days from the date of their presentation, and silence is equivalent to their rejection. The period for the decision of the administrative challenge is counted from the end of the period fixed for the hearing of interested parties. There is no maximum of days in case of proceedings initiated before the administrative tribunals. (Code of Procedure in Administrative Courts (as of 2020), Art. 102)
Is there a requirement to publicly release arbitration court decisions ? Yes. Decisions handed down by arbitral tribunals must be published electronically, in a database organized by the Ministry of Justice. Additionally, CAAD's decisions can be found at: https://caad.org.pt/administrativo/decisoes/ . Additionally, administrative proceedings are public, with the restrictions provided by law, and access is processed under the terms and conditions provided for in the Civil Procedural Law. Judgments of the Supreme Administrative Court, as well as those of the Central Administrative Courts and of the administrative courts of the circle that have become final, are subject to mandatory electronic publication, in the case law database. (Code of Procedure in Administrative Courts (as of 2020), Arts. 30 and 185-B Public Procurement Code, as amended in 2020, Art. 267)

Legislation

Code of Procedure in Administrative Courts (Portuguese)pdf
Decree Law No. 104 of 2011, establishing the legal regime for public procurement in the fields of defence and security (Portuguese)pdf
Decree-Law No. 18 of 2018, Public Procurement Code (Portuguese)pdf

*Last update: 2017