COMMISSION STAFF WORKING DOCUMENT 2023 Rule of Law Report Country Chapter on the rule of law situation in Portugal Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2023 Rule of Law Report The rule of law situation in the European Union
Date: 2023-07-05
Institutions: European Commission, Secretariat-General
Subjects: Portugal, administrative transparency, corruption, democracy, independence of the judiciary, infringement of EU law, pluralism in the media, political rights, rule of law

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 5.7.2023  SWD(2023) 822 final  COMMISSION STAFF WORKING DOCUMENT 2023 Rule of Law Report       Country Chapter on the rule of law situation in Portugal Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2023 Rule of Law Report                        The rule of law situation in the European Union {COM(2023) 800 final} - {SWD(2023) 801 final} - {SWD(2023) 802 final} - {SWD(2023) 803 final} - {SWD(2023) 804 final} - {SWD(2023) 805 final} - {SWD(2023) 806 final} - {SWD(2023) 807 final} - {SWD(2023) 808 final} - {SWD(2023) 809 final} - {SWD(2023) 810 final} - {SWD(2023) 811 final} - {SWD(2023) 812 final} - {SWD(2023) 813 final} - {SWD(2023) 814 final} - {SWD(2023) 815 final} - {SWD(2023) 816 final} - {SWD(2023) 817 final} - {SWD(2023) 818 final} - {SWD(2023) 819 final} - {SWD(2023) 820 final} - {SWD(2023) 821 final} - {SWD(2023) 823 final} - {SWD(2023) 824 final} - {SWD(2023) 825 final} - {SWD(2023) 826 final} - {SWD(2023) 827 final}  
 
 
ABSTRACT 

Measures  to  address  efficiency  challenges  in  the  Portuguese  justice  system,  in  particular  in 
administrative and tax courts, have been enacted, with others in preparation. The legislative 
framework  of  the  High  Council  for  Administrative  and  Tax  Courts  has  been  finalised. 
Challenges remain regarding the allocation of adequate human resources of the justice system, 
although the Government has initiated new recruitment procedures. Significant steps have been 
taken to strengthen the transparency of the allocation of cases, as the regulatory framework has 
been  adopted  and  its  implementation  will  be  monitored.  The  rules  on  judicial  impediments 
have been adapted in line with stakeholders’ requests, but concerns remain regarding the abuse 
of procedural acts in criminal procedures. The High Council for the Judiciary has launched a 
reflection  on  the  need  to  regulate  ‘revolving  doors’  in  the  judiciary.  Appointments  to  the 
Constitutional Court were finalised, following prolonged delays. The efforts to further improve 
the digitalisation of the justice system continue.  

Despite  announced  measures,  stakeholders  reported  serious  resource-related  issues  for 
preventing, investigating and prosecuting corruption. The Transparency Entity is expected to 
be  operational  in  the  second  quarter  of  2023.  The  National  Anti-Corruption  Mechanism 
(MENAC) has been instated in June 2023. The National Anti-Corruption Strategy for 2020-
2024 is being implemented although its success also depends on the effective functioning of 
MENAC.  Concerns  have  been  raised  as  regards  the  treatment  of  foreign  bribery  cases. 
Application  and  monitoring  of  rules  on  conflicts  of  interest  for  high-level  officials  of  the 
Parliament  and  in  the  Government  continues  to  raise  concerns.  Discussions  on  a  new  bill 
concerning regulation of lobbying were initiated in the Parliament. Implementation of the new 
legislation on the protection of whistleblowers is ongoing. Efforts are being made on improving 
the gaps in the public procurement sector. 

The  strong  legal  framework  protecting  media  freedom  remains  in  place  and  the  risks  of 
government interference in the media continue to be considered low. The Regulatory Authority 
for  the  Media  maintains  its  central  role  as  regards  media  freedom  and  pluralism,  although 
concerns are voiced regarding its resources. A comprehensive legislative framework is in place 
concerning  transparency  of  media  ownership  and  the  access  of  journalists  to  public 
information,  and  there  are  safeguards  protecting  access  to  information  and  documents.  The 
precariousness of the journalistic profession remains a cause for concern. The public service 
media provider is independent, but challenges remain regarding its resources. Tax incentives 
have been introduced to encourage subscriptions to written media. A legislative amendment to 
the  Portuguese  Charter  of  Human  Rights  in  the  Digital  Age  removed  provisions,  initially 
intended to safeguard against disinformation, that had attracted criticism as restraining media 
freedom. 

The transparency of law-making and the quality of legislation continues to be improved, with 
measures under way, in particular, regarding impact assessments. A revision of the Constitution 
is in progress, which will include a discussion of the legal basis for the adoption of emergency 
measures. The changes implemented to the structure of the Office of the Ombudsperson are 
producing positive results. The civil society space continues to be considered as open. There 
have been some improvements regarding access to financing for civil society organisations, 
although challenges remain.  

1 

 
RECOMMENDATIONS 

Overall, concerning the recommendations in the 2022 Rule of Law Report, Portugal has made:  

  Some progress on continuing the efforts to ensure adequate human resources of the justice 
system and to improve its efficiency, in particular of Administrative and Tax Courts, and 
full  implementation  regarding  the  finalisation  of  the  legislative  framework  for  the 
functioning of the High Council for Administrative and Tax Courts.  

  Significant progress on continuing the efforts to strengthen the transparency of allocation 

of cases. 

  Some  progress  on  ensuring  sufficient  resources  for  preventing,  investigating  and 
prosecuting corruption and significant progress on ensuring the swift operationalisation of 
the New Anti-Corruption Mechanism.  

  Some progress on ensuring the start of operations of the Transparency Entity in view of 

effective monitoring and verification of asset declarations.  

  Significant progress on continuing the reforms to improve the transparency of law-making, 

particularly on the implementation of impact assessment tools.  

On this basis, and considering other developments that took place in the period of reference, 
and in addition to recalling the commitments made under the National Recovery and Resilience 
Plan relating to certain aspects of the justice system, it is recommended to Portugal to: 

  Continue efforts to ensure adequate human resources of the justice system, in particular 
regarding non-judicial staff, and to improve its efficiency, in particular of Administrative 
and Tax Courts.  

  Continue  efforts  to  strengthen  the  transparency  of  allocation  of  cases,  in  particular  by 

monitoring the implementation of the new rules on electronic allocation.  

  Continue  efforts  made  to  ensure  sufficient  resources  for  preventing,  investigating  and 

prosecuting corruption, including for the new Anti-Corruption Mechanism. 

  Ensure the effective monitoring and verification of asset declarations by the Transparency 

Entity. 

  Finalise  the  reforms  to  improve  the  transparency  of  law-making,  particularly  on  the 

implementation of impact assessment tools. 

2 

 
 
 
 
I. 

JUSTICE SYSTEM  

The  Portuguese  justice  system  comprises  the  Constitutional  Court,  the  Supreme  Court  of 
Justice and the ordinary courts of first and second instance, the Supreme Administrative Court, 
and the administrative and tax courts of first and second instance, and the Court of Auditors1. 
The High Council for the Judiciary, the High Council for Administrative and Tax Courts and 
the High Council for the Public Prosecution exercise disciplinary action  over the respective 
magistrates  and  are  entrusted  with  relevant  managerial  functions.  Furthermore,  they  are 
competent to nominate, transfer and promote judges and prosecutors. Judges and prosecutors 
are appointed by the respective Council, following an open competition and according to the 
grades obtained in mandatory training courses at the Centre for Judicial Studies. The public 
prosecution service is independent from the judicial power and operates autonomously from 
the  executive  branch.  It  has  its  own  governance  system  in  which  the  Prosecutor  General’s 
Office is the highest body. Portugal participates in the European Public Prosecutor’s Office 
(EPPO). The Bar Association is an independent legal entity governed by public law and, in the 
exercise of its public powers, performs regulatory functions. 

Independence  

The level of perceived judicial independence in Portugal continues to be average among 
the  general  public  and  is  now  average  among  companies.  Overall,  49%  of  the  general 
population and 45% of companies perceive the level of independence of courts and judges to 
be ‘fairly or very good’ in 20232. According to data in the 2023 EU Justice Scoreboard, no 
clear trend can be identified in the evolution of the perceived level of independence among the 
general  public  since  2016.  Nevertheless,  the  perceived  judicial  independence  among  the 
general public has increased in comparison with 2022 (47%), as well as with 2016 (33%). The 
perceived  judicial  independence  among  companies  has  increased  in  comparison  with  2022 
(39%), as well as with 2016 (35%). 

There has been significant progress to strengthen the transparency of allocation of cases, 
as  new  implementing  regulation  has  been  adopted.  The  2022  Rule  of  Law  Report 
recommended to Portugal to ‘Continue the efforts to strengthen the transparency of allocation 
of cases’3. As noted in the 2022 Rule of Law Report, in August 2021, new legislation came 
into force introducing control mechanisms applicable to the electronic allocation of cases, both 
in civil and administrative and tax courts4. However, the application in practice of these control 
mechanisms awaited an implementing regulation, which has been prepared and came into force 
in  May  20235.  The  Government  had  previously  indicated  that  a  revision  of  the  regime 
introduced in 2021 was under consideration6, which could have an impact on the implementing 

1   Execution of criminal sentences courts, maritime courts, intellectual property courts, competition, regulation 
and supervision courts, central instruction courts, arbitration tribunals and justices of the peace exist and their 
number and jurisdiction is mainly established in their respective legal regimes (Law No. 62/2013, of 26 August 
and Law No. 78/2001, of 13 July). 

2   Figures 49 and 51, 2023 EU Justice Scoreboard. The level of perceived judicial independence is categorised 
as follows: very low (below 30% of respondents perceive judicial independence as fairly good and very good); 
low (between 30-39%), average (between 40-59%), high (between 60-75%), very high (above 75%). 

3  2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 2. 
4   2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, pp. 3-4. 
5   Portaria No. 86/2023, of 27 March, amending the rules relating to the distribution, by electronic means, of 

cases in judicial courts and in administrative and tax courts. 
6   Input from Portugal for the 2023 Rule of Law Report, p. 3. 

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regulation,  but  this  option  was  finally  not  pursued.  Nevertheless,  stakeholders  have  raised 
concerns regarding the new implementing regulation, warning of the excessive bureaucratic 
burden attributed to courts, calling for close monitoring of the new regime7. The Ministry of 
Justice has announced that current system will be subject to an evaluation six months after the 
beginning of its implementation8. As the preparation of the implementing regulation has been 
finalised, and it will allow the application of the system of allocation of cases, the application 
of which will continue to be monitored, there has therefore been significant progress on the 
implementation of the recommendation made in the 2022 Rule of Law Report9.  

The  High  Council  for  the  Judiciary  has  launched  a  reflection  on  the  need  to  regulate 
‘revolving doors’ in the judiciary. In July 2022, the High Council for the Judiciary created a 
working group to consider the issues related to the temporary exercise of political and public 
offices by judges, as well as the subsequent return to judicial functions10. The working group 
was  also  tasked  with  proposing  amendments  to  the  current  legal  regime  on  impediments, 
incompatibilities  and  secondments  provided  for  in  the  Statute  of  Judicial  Magistrates.  This 
reflection  stems  from  the  number  of  judges  seconded  to  non-judicial  functions,  including 
political offices, which also raises concerns regarding the management of human resources in 
courts11. The working group has finalised a proposal to amend the Statute of Judges, which 
was approved by the Plenary of the Council on 8 March 202312. This proposal includes, among 
others, the creation of the legal figure of ‘unpaid leave’, the reduction of the maximum time 
limit  for  secondments,  and  the  introduction  of  ‘cooling-off  periods’13.  These  changes  are 
expected  to  reduce  the  possibility  for  judges  who  are  not  exercising  judicial  functions  for 
prolonged periods to meet the legal requirements14 for appointment to the Supreme Court, a 
circumstance that has been criticised15. The High Council for the Judiciary has also called for 
the  revision  of  the  regime  governing  its  organisation  and  functioning16,  in  order  to  ensure 
alignment with the new competences it was assigned following the adoption the new Statute 
of Judges in 202017. However, no follow-up has been given to the proposals presented by the 
Council18.  

The regime of judicial impediments has been amended to revert to the previous system. 
As  noted  in  the  2022  Rule  of  Law  Report19,  the  new  grounds  for  judicial  impediments 

7   High Council for the Judiciary, Information No. 76/20223, of 29 March 2023; Observador, ‘Judges signal 

waste of work and money with new allocation of cases’, 11 May 2023. 

8   LUSA, ‘The new rules on electronic allocation of cases are already in place’, 11 May 2023. 
9   2022 Rule of Law Report, country chapter on the rule of law situation in Portugal, p. 2.  
10   Contribution from European Network of Councils for the Judiciary (ENCJ) for the 2023 Rule of Law Report, 

pp. 13-14. 

11   It is estimated that 10% of Portuguese judges are exercising non-judicial functions. Information received from 
the High Council for the Judiciary in the context of the country visit to Portugal. See also High Council for 
the Judiciary, 2022 Annual Report, pp. 75 ff. 

12   The deliberation of the Plenary of the High Council for the Judiciary was transmitted to the Minister of Justice 

on 9 March 2023. 

13   Currently not applicable (Figure 58, 2022 EU Justice Scoreboard). 
14   The time spent in the exercise of political function is considered for the effects of seniority (Art. 73(1)(a), 

Statute of the Judicial Magistrates). 

15   Information received from the High Council for the Judiciary in the context of the country visit to Portugal. 
16   As established by Law No. 36/2007, of 14 August. 
17   Contribution from European Network of Councils for the Judiciary (ENCJ) for the 2023 Rule of Law Report, 

p. 27. 
18   Ibid. 
19   2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, pp. 4-5. 

4 

 
                                                           
introduced in the 2021 reform of the criminal procedure led to significant criticism20. The new 
provisions  on  judicial  impediments  were,  however,  revoked,  as  the  Parliament,  following  a 
legislative  proposal  of  the  Government,  approved  amendments  to  the  Code  of  Criminal 
Procedure  which  reinstated  the  previously  applicable  system21.  Stakeholders  assess  this 
development  as  positive22. However,  concerns remain  with  regards to  instances of abuse of 
procedural  acts  in  criminal  procedures,  which  lead  to  delays,  particularly  in  complex 
procedures,  commonly  referred  to  as  ‘mega  procedures’23.  Stakeholders  have  called  for  a 
revision of the criminal procedural law, with a view to avoid the use of procedural acts with 
merely dilatory purposes24. 

The framework regulating the functioning of the High Council for Administrative and 
Tax Courts has been finalised. The 2022 Rule of Law Report recommended to Portugal to 
“[c]ontinue the efforts to […] finalis[e] the legislative framework for the functioning of the 
High  Council  for  Administrative  and  Tax  Courts”25.  As  stated  in  the  2022  Rule  of  Law 
Report26, the finalisation of the legislative framework regulating the functioning of the High 
Council for Administrative and Tax Courts had been pending since its creation, in 2004. On 10 
January 2023, the Minister of Justice announced a new legislative package which includes a 
draft  decree-law27  which,  if  approved,  would  establish  the  administrative  and  financial 
autonomy of the High Council, and define the organisation of its services28. The draft decree-
law also foresaw that the High Council of the Administrative and Tax Courts would be assigned 
its own human resources29, thus no longer depending on the secondment of resources by the 
Supreme Administrative Court and on the support of member of the Cabinet of the President 
of the Supreme Administrative Court30. The Decree-Law was finally adopted on 5 May 2023 
and came into force on 1 June 202331. The reform is assessed positively by stakeholders32. As 
concrete steps have been taken in the preparation of the framework regulating the functioning 

20   Judicial impediments are the grounds on which a judge can be prevented from acting in a judicial case. These 

are listed in Art. 40 of the Code of Criminal Procedure. 

21   Law No. 13/2022, of 1 August. 
22   Contribution from European Network of Councils for the Judiciary (ENCJ) for the 2023 Rule of Law Report, 
p.  32.  See  also  public  communication  by  the  President  of  the  Supreme  Court  presented  in  the  Opening 
Ceremony of the judicial year, 10 January 2023. 

23   See,  for  instance,  public  communication  of  the  President  of  the  Judges  Union  in  the  XII  Congress  of 

Portuguese Judges, 18 March 2023. 

24   Information received from the Supreme Court of Justice and the Judges Union in the context of the country 

visit to Portugal. 

25   2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p 2. 
26   2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, pp. 6-7. 
27   Proposal for a Decree-Law No. 368/XXIII/2022, of 17 January 2023. The draft was submitted to the High 
Council  on  19  January  2023  for  opinion,  as  part  of  the  consultation  process  (contribution  from  the  High 
Council for the Administrative and Tax Courts for the 2023 Rule of Law Report, p. 11). 

28   Contribution from the High Council for the Administrative and Tax Courts for the 2023 Rule of Law Report, 

p. 11. 

29   Input from Portugal for the 2023 Rule of Law Report, p. 4. 
30   2022 Rule of Law Report, country chapter on the rule of law situation in Portugal, pp. 6-7. 
31   Decree-Law No. 31/2023, of 5 May. 
32   Information received from the Supreme Administrative Court and High Council for the Administrative and 
Tax Courts in the context of the country visit to Portugal. According to European standards, Councils for the 
judiciary should have appropriate means to operate independently and autonomously, should have their own 
premises, a secretariat, computing resources and should have their own staff according to their needs (CCJE, 
Opinion No. 24 (2021) on the evolution of the Councils for the Judiciary and their role in independent and 
impartial judicial systems, para. 29; Recommendation CM/Rec(2010)12 of the Committee of Ministers of the 
Council of Europe, paras. 37 and 38). 

5 

 
                                                           
of the High Council for Administrative and Tax Courts, and the respective legislative procedure 
is finalised, it is considered that the recommendation made in the 2022 Rule of Law Report on 
this aspect has been fully implemented. 

New  judges  were  appointed  to  Constitutional  Court  following  prolonged  delays.  The 
Constitutional  Court  is  composed  of  13  judges,  10  of  which  are  selected  and  appointed  by 
Parliament, and the remaining 3 judges are co-opted by the judges appointed by Parliament33. 
Judges  of  the  Constitutional  Court  serve  a  non-renewable  term  of  nine  years.  Whereas  a 
procedure for the co-optation of one judge had been initiated in 2022, the candidate proposed 
did not gather support to ensure appointment34, and new procedures for appointment were not 
initiated until April 2023. On 14 April 2023, the judges appointed by Parliament co-opted three 
new judges35. At the time of the vote, the terms of office of all the three co-opted judges had 
already expired36, including those of the President and of the Vice-President. The situation of 
standstill led to public debate, with the then President of the Constitutional Court defending 
that a revision of the constitutional provision governing the system of appointment could be 
necessary to unblock the situation37. Pending the new appointments, the full composition of 
the  Constitutional  Courts  remained  ensured,  as  the  judges  whose  term  expired  remained  in 
function ad interim. While there is no legal deadline to initiate the co-optation procedure38, it 
was  an  important  step  to  proceed  with  the  appointments39.  As  recalled  by  the  Venice 
Commission, the existence of anti-deadlock mechanisms, such as continuation in function ad 
interim, in order to ensure the functioning of state institutions, should not act as a disincentive 
to reaching an agreement40.  

Lawyers have raised concerns regarding the respect for their legally recognised rights 
and  privileges.  Concerns  have  emerged  regarding  instances  of  lawyers  being  denied  their 
professional rights and privileges, including, among others, the respect for the right to secrecy 
of  communication41  and  the  right  of  access  to  information,  by  public  administration  and 
courts42.  Several  judicial  cases  in  which  lawyers  invoke  the  violation  of  their  rights  and 
privileges  are  currently  pending43.  In  order  to  better  deal  with  the  increasing  complaints 
received from legal counsels, the Bar Association has created a dedicated Commission to deal 
with  matters  pertaining  to  the  protection  of  rights  and  privileges  of  lawyers.  The  Bar 
Association  has  also  raised  concerns  regarding  the  impact  of  the  draft  law  on  professional 

33   Art. 12(1), of the Organic Law of the Constitutional Court. The judges appointed by Parliament prepare a list 

of candidates and select the remaining three judges, through suffrage by secret ballot. 

34   Information received from the Constitutional Court in the context of the country visit to Portugal. 
35  The appointment of the new judges was followed by the selection of a new President of the Constitutional 

Court on 26 April 2023. 

36   In October 2021, June 2022 and March 2023, respectively. 
37   Público (2023), ‘Standstill in the selection of judges: President of the  Constitutional Court admits targeted 

constitutional revision’, 23 March 2023. 

38   The  deadline  of  10  days  established  by  Art.  17(1)  of  the  Organic  Law  of  the  Constitutional  Court  is  only 

applicable in the case of vacancies of co-opted judges. 

39   The President of the Republic has enumerated the system of appointments as one of the main difficulties faced 
by the Constitutional Court (Advocatus (2023), ‘Marcelo points to difficulties in the system for appointing 
judges to the Constitutional Court’, 2 March 2023). 

40   Venice Commission Opinion (CDL-AD(2013)028), paras. 5-8. 
41   Bar Association, Press release of 14 February 2023.  
42   Contribution from Council of Bars and Law Societies of Europe (CCBE) for the 2023 Rule of Law Report, p. 

84. 

43   The Bar Association estimates at least 60 cases are currently pending (contribution from Council of Bars and 

Law Societies of Europe (CCBE) for the 2023 Rule of Law Report, p. 84).  

6 

 
                                                           
associations  on  the  independence  of  lawyers44.  Following  the  request  for  preventive 
constitutional  review  submitted  by  the  President  of  the  Republic,  the  Constitutional  Court 
found the draft provisions to be compatible with the Constitution45. 

Quality  

There has been some progress to ensure adequate human resources of the justice system, 
although  the  Government  has  initiated  new  recruitment  procedures.  The  2022  Rule  of 
Law  Report  recommended  to  Portugal  to  “Continue  the  efforts  to  ensure  adequate  human 
resources of the justice system”46. The Government opened competitions for the recruitment 
of 135 new magistrates in 2023 for the judiciary and the prosecution service47. Over 100 new 
candidate  magistrates  have  started  their  initial  training  in  202348.  Despite  the  significant 
expected reinforcement, concerns remain that this increase may not be sufficient to completely 
address the needs of the system49. In particular, a remaining shortage of prosecutors is reported 
to  affect  the  effective  prosecution  of  corruption  cases50.  There  are  also  several  instances  of 
vacancies  in  higher  courts51,  for  which  competitions  are  ongoing52.  Moreover,  stakeholders 
report that the lack of non-judicial staff remains particularly critical53, with an impact on the 
efficiency of justice54. In particular, according to a study conducted by the prosecution service, 
there is an estimated deficit of over 500 clerks in prosecution offices, which would contribute 
to delays in the execution of administrative procedural acts55. Concerns have also been raised 
due to the average age of the non-judicial staff, which is expected to lead to a high number of 
retirements in the next years, which, added to the fact that there have been no new recruitments 
in the recent years, may lead to an even higher shortage56. Judicial clerks’ unions have raised 

44   Bar Association, Press release of 20 September 2022. Contribution from the Council of Bars and Law Societies 

of Europe (CCBE) for the 2023 Rule of Law Report, p. 56. 

45   Constitutional Court, judgment 60/2023 of 27 February 2023, Case No. 109/2023.  
46   2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p 2. 
47   Input from Portugal for the 2023 Rule of Law Report, p. 2. 
48   Ibid.  
49   Information received from the High Council for the Judiciary, the High Council for the Administrative and 
Tax Courts and the High Council for the Prosecution. See also High Council for the Administrative and Tax 
Courts, Annual Report 2021, p. 18.  

50   Contribution from Magistrats Européens pour la Démocracie et les Libertés (MEDEL) – Portugal for the 2023 

Rule of Law Report, p. 14.  

51   According to the latest data  available, in  Administrative  and Tax justice, neither the appeal courts  nor the 
Supreme Administrative Court had their full composition ensured (High Council for the Administrative and 
Tax Courts, Annual Report 2021, pp. 16-18).  

52   Contribution from the High Council for the Administrative and Tax Courts for the 2023 Rule of Law Report, 

p. 11.  

53   Contribution from European Network of Councils for the Judiciary (ENCJ) for the 2023 Rule of Law Report, 
p. 32. Information received from the High Council for the Judiciary, the High Council for the Administrative 
and Tax Courts, the High Council for the Prosecution, the Professional Association of Judges, the Prosecutors 
Union and the Union of Legal Clerks in the context of the country visit to Portugal. 

54   Contribution from European Network of Councils for the Judiciary (ENCJ) for the 2023 Rule of Law Report, 

p. 32.  

55   The number of administrative procedural acts pending is estimated to surpass 500 000 (information received 
from the High Council for Public Prosecution in the context of the country visit to Portugal). See also public 
communication by the Prosecutor General presented in the Opening Ceremony of the judicial year, 10 January 
2023. 

56   Contribution from European Network of Councils for the Judiciary (ENCJ) for the 2023 Rule of Law Report, 
p.  32.  See  also  public  communication  by  the  President  of  the  Supreme  Court  presented  in  the  Opening 
Ceremony of the judicial year, 10 January 2023. 

7 

 
                                                           
concerns  regarding  workload,  low  salaries  and  lack  of  update  of  the  statute  of  legal  clerks, 
which have led them to initiate a strike57. The Government has acknowledged these challenges 
and  has  initiated  a  competition  for  the  recruitment  of  200  new  legal  clerks58.  Nevertheless, 
stakeholders highlighted that the lack of attractiveness of the career due to low salaries59 and 
challenging  working  conditions  can  deter  applicants60.  Difficulties  have  also  been  reported 
regarding  the  recruitment  of  technical  advisors  for  court  offices,  with  fewer  advisors  being 
recruited  than  the  number  of  vacancies  available61.  In  this  context,  it  is  to  be  noted  that, 
according  to  European  standards,  a  sufficient  number  of  judges  and  appropriately  qualified 
support staff should be allocated to  the courts62. While steps are being taken to  address  the 
shortage of resources of the justice system, further action remains outstanding in order to fully 
address this issue, in particular concerning the situation of non-judicial staff. Therefore, there 
has  been  some  progress  in  addressing  the  recommendation  made  in  the  2022  Rule  of  Law 
Report. 

The  efforts  to  further  improve  the  digitalisation  of  the  justice  system  continue,  with  a 
particular focus on improving accessibility for citizens. The use of digital technology by 
courts and prosecution continues to be widespread63, and digital solutions are in place which 
allow  to  initiate  and  follow  proceedings  in  civil,  commercial  and  administrative  cases64. 
However,  gaps  remain  regarding  the  general  public’s  online  access  to  judgments65  and  the 
arrangements for producing machine-readable judicial decisions66. Efforts are being made to 
improve this situation, and in  first  instance Administrative and Tax Courts  a  programme to 
ensure anonymisation is  being developed in  cooperation with  Ministry of  Justice.  In higher 
Administrative and Tax Courts, anonymisation and pseudonymisation assisted by an algorithm, 
supervised by human means, has been put in place67. The Government also announced the roll-
out of several projects aimed at improving the use of digital technologies, which include the 
provision of multimedia guides supporting the electronic interaction of citizens with courts, 
also regarding the online consultation of cases, as well as the completion and submission of 
applications,  and  the  improvement  of  the  interoperability  among  public  services68.  As 
mentioned in the 2022 Rule of Law Report69, new digital platforms for procedural acts to be 
performed  by  magistrates  are  in  preparation  and  are  expected  to  become  operationalised  in 
202370. However, the High Council for the Judiciary has called for the ownership and control 

57   A partial strike has been in place since 10 January 2023. 
58   Information No. 1875/2023, of 27 January. 
59   The gross salary at entry level is EUR 854,30. 
60   Information received from the High Council for the Judiciary and the Union of Court Clerks in the context of 

the country visit to Portugal. 

61   The  limited  pool  of  candidates  meeting  the  necessary  requirements  and  the  lack  of  attractiveness  of  the 
functions  are  considered  to  be  at  the  origin  for  these  difficulties  (contribution  from  European  Network  of 
Councils for the Judiciary (ENCJ) for the 2023 Rule of Law Report, p. 32). 

62   Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para. 35. 
63   Figure 43, 2023 EU Justice Scoreboard. 
64   Figure 45, 2023 EU Justice Scoreboard.  
65   Figure  47,  2023  EU  Justice  Scoreboard.  A  GRECO  recommendation  in  this  regard  remains  partially 
implemented (GRECO Fourth Evaluation Round – Second Compliance Report, recommendation x, para. 60). 

66   Figure 48, 2023 EU Justice Scoreboard. 
67   Contribution from the High Council for the Administrative and Tax Courts for the 2023 Rule of Law Report, 

p. 14. 

68   Input from Portugal for the 2023 Rule of Law Report, p. 6.  
69   2022 Rule of Law Report, country chapter on the rule of law situation in Portugal, p. 8. 
70   Ministry of Justice, Press release of 20 February 2023. 

8 

 
                                                           
of the digital platform for the electronic management and processing of legal proceedings to 
be transferred from the Ministry of Justice to the judiciary71. 

A new training centre for judicial professions has been created. The initial and continued 
training of magistrates72 is ensured by the Centre for Judicial Studies, which is an autonomous 
entity functioning under the Ministry of Justice. While until now all the training sessions took 
place exclusively in the premises of the Centre for Judicial Studies, located in Lisbon, a new 
training centre has been created in Vila do Conde, a city located in the north of the country. 
This measure aims in particular to attract more applicants to the initial training of magistrates73. 
This measure is positively assessed by the High Council for the Public Prosecution, as it is 
considered that the current centralisation of the training in the capital acts as a deterrent to new 
candidates74.  Regarding  training  of  prosecutors,  a  new  regulation  establishing  the  rules  and 
criteria for continued and international training has been approved by the High Council for the 
Public Prosecution75.  

Efficiency 

The efficiency of the justice system shows some improvement although challenges remain. 
The  2021  and  2022  Rule  of  Law  Reports  took  note  of  some  improvements  regarding  the 
efficiency of the justice system, while highlighting persisting challenges76. Data show that the 
disposition time for civil and commercial cases registered a decrease in all instances77, and that 
the clearance rate increased and rose above 100% in first instance78. In administrative cases, 
the disposition time has also decreased in all instances79, while remaining high, in particular in 
second  instance,  where  it  remains  above  830  days80.  Although  the  number  of  pending 
administrative cases in first instance remains high81, the rate of resolving remains above 100%, 
despite a slight decrease82. Portugal remains under enhanced supervision by the Committee of 
Ministers of the Council of Europe for the excessive length of proceedings before both civil 
and administrative jurisdictions83. In response to the decision adopted by the Committee at its 
last examination, which took place in September 2021, the Portuguese authorities submitted a 
revised action plan on 19 October 202284, which has not yet been examined by the Committee.  

71   Contribution from European Network of Councils for the Judiciary (ENCJ) for the 2023 Rule of Law Report, 

p. 28. 

72   Including judges of ordinary courts and of administrative and tax courts, and public prosecutors. 
73   Input from Portugal for the 2023 Rule of Law Report, p. 6.  
74   Information received from the High Council for the Public Prosecution in the context of the country visit to 

Portugal. 

75   Input from Portugal for the 2023 Rule of Law Report, p. 6.  
76   2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, pp. 8-9; 2021 Rule of Law 

Report, Country Chapter on the rule of law situation in Portugal, p. 7. 

77   In first instance, from 280 days in 2020 to 253 days in 2021; in second instance, from 99 to 89 days; and in 

third instance, from 126 to 106 days (Figures 6 and 7, 2023 EU Justice Scoreboard). 

78   Figure 11, 2023 EU Justice Scoreboard. 
79   Figure 8, 2023 EU Justice Scoreboard. 
80   Figure 9, 2023 EU Justice Scoreboard. 
81   Figure 15, 2023 EU Justice Scoreboard. 
82   Figure 12, 2023 EU Justice Scoreboard. 
83   Committee  of  Ministers,  Supervision  of  the  execution  of  the  European  Court’s  judgments,  case  H46-20 

Vicente Cardoso group v. Portugal (Application No. 30130/10).  

84   Secretariat of the Committee of Ministers, DH-DD(2022)1119: Communication from Portugal. 

9 

 
                                                           
There  has  been  some  progress  in  increasing  the  efficiency  of  Administrative  and  Tax 
Courts, as new measures are being discussed. The 2022 Rule of Law Report recommended 
to Portugal to “Continue the efforts to ensure adequate human resources of the justice system 
and to improve its efficiency, in particular of Administrative and Tax Courts”85. As mentioned 
in  the  2022  Rule  of  Law  Report86,  a  working  group  was  created  in  2021  with  the  task  of 
assessing and proposing strategies to increase the efficiency of Administrative and Tax Courts. 
The working group presented two reports proposing measures, some of which are already being 
implemented by the Government, including in relation to the extension of the digital platform 
for the electronic management and processing of legal proceedings to higher Administrative 
and  Tax  Courts87.  A  new  working  group  was  created  in  June  2022,  which  presented,  in 
September 2022, a new action plan88. The Government is considering some of the measures 
proposed  in  this  action  plan,  in  particular  regarding  the  simplification  of  the  procedure  in 
Administrative and Tax Courts89, but draft legislation has not yet been discussed in Council of 
Ministers90. The judges’ union has also created a working group that presented a report with 
detailed  suggestions  for  the  reform  of  Administrative  and  Tax  Courts91.  The  Portuguese 
Recovery  and  Resilience  Plan  includes  measures  aimed  at  increasing  the  efficiency  of 
Administrative and Tax Courts92, among which the creation of specialised sub-sections in the 
second instance Administrative and Tax Courts. A draft law is currently under discussion in 
Parliament93. The Government has also presented  draft legislation for the creation of a new 
second  instance  Administrative  and  Tax  Court,  which  is  currently  pending  in  Parliament94. 
While  it  is  acknowledged  that  the  Government  is  taking  steps  to  improve  the  efficiency  of 
Administrative and Tax Courts, significant work remains outstanding, including regarding the 
approval and implementation of the legislative acts prepared. Therefore, there has been some 
progress in addressing the recommendation made in the 2022 Rule of Law Report. 

II. 

ANTI-CORRUPTION FRAMEWORK  

The  institutional  anti-corruption  framework  in  Portugal  has  undergone  major  changes.  The 
National Anti-Corruption Mechanism (MENAC) established in 2021 has been instated on 6 
June 202395. It is expected to contribute to improving the prevention capacity by taking over 
the tasks of the former Council for the Prevention of Corruption that previously operated under 
the  Court  of  Auditors.  The  Transparency  Entity96,  established  in  2019  and  tasked  with 

85   2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 2. 
86   2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 9. 
87   Input from Portugal for the 2023 Rule of Law Report, p. 2.  
88   The action plan includes 50 measures focusing on 5 areas: better management; optimisation of the performance 
of higher courts; legislative changes for procedural simplification; faster digital transformation; and human 
resources development.  

89   Input from Portugal for the 2023 Rule of Law Report, p. 2.  
90   Information received from the Ministry of Justice in the context of the country visit to Portugal.  
91   Judges Union (2022), Administrative and Tax Justice – Quality and celerity: Stalemates and Solutions.  
92   Annex  to  the  Council  Implementing  Decision  on  the  approval  of  the  assessment  of  the  Recovery  and 

Resilience Plan for Portugal, p. 161. 

93   Draft Law No. 75/XV. Contribution from the High Council for the Administrative and Tax Courts for the 2023 

Rule of Law Report, p. 14. 

94   Draft Law No. 75/XV. Input from Portugal for the 2023 Rule of Law Report, p. 2.  
95   Ministerial Implementing Order No. 155-B/2023 of 6 June 2023. 
96   The Constitutional Court is currently responsible for the enforcement of the sanctioning framework provided 
in the Regime governing the exercise of functions by political officeholders and senior public officeholders 
(Law 52/2019 of 31 July 2019 as amended by Law 69/2020 of 9 November 2020 and Law 58/2021 of 18 
August 2021) and the review of appeals against those sanctions. It is also responsible for ruling, on appeal, on 

10 

 
                                                           
monitoring  and  verifying  declarations  of  assets  and  interests  of  political  office-holders  and 
high-ranking appointed officials, is expected to start operating in the second quarter of 2023, 
as  soon  as  the  logistical  issues  linked  with  the  new  headquarters  is  settled.  The  Central 
Department of Criminal Investigation and Penal Action (DCIAP), established within the Public 
Prosecutors  Service,  is  in  charge  of  the  investigation  and  prosecution  of  serious  offences, 
including corruption and economic and financial crimes, and coordinates the inquiries that are 
carried out by the National Unit for Combating Corruption (UNCC), an investigative unit of 
the Criminal Police97. 

The perception of public sector corruption among experts and business executives is that 
the level of corruption in the public sector remains relatively low. In the 2022 Corruption 
Perceptions Index by Transparency International, Portugal scores 62/100 and ranks 13th in the 
European Union and 33rd globally98. This perception has been relatively stable99 over the past 
five years100. The 2023 Special Eurobarometer on Corruption shows that 93% of respondents 
consider corruption widespread in their country (EU average 70%) and 54% of respondents 
feel  personally  affected  by  corruption  in  their  daily  lives  (EU  average  24%)101.  As  regards 
businesses, 85% of companies consider that corruption is widespread (EU average 65%) and 
57%  consider  that  corruption  is  a  problem  when  doing  business  (EU  average  35%)102. 
Furthermore, 28% of respondents find that there are enough successful prosecutions to deter 
people  from  corrupt  practices  (EU  average  32%)103,  while  17%  of  companies  believe  that 
people  and  businesses  caught  for  bribing  a  senior  official  are  appropriately  punished  (EU 
average 30%)104.  

While  the  National  Anti-Corruption  Strategy  for  2020-2024  is  being  implemented,  its 
success  also  depends  on  the  progress  regarding  effective  functioning  of  MENAC.  As 
reported in the 2022 Rule of Law Report, a set of measures aimed at preventing and fighting 
corruption in both the public and private sectors was adopted in 2021 in order to implement the 
Anti-Corruption Strategy105. This Strategy can only be fully implemented once the MENAC is 
fully operational,  as it is  partly  based on its new functions. Moreover, the efficiency of the 
implementation will largely depend on the resources allocated to the institutions responsible 

the  fines  imposed  by  the  ECFP  regarding  breaches  to  the  Law  on  the  Financing  of  Political  Parties  (Law 
19/2003). 

97   The UNCC is the specialized operational unit in charge of investigating corruption offences and related crimes 

such as bribery or embezzlement of public funds and has jurisdiction nationwide.  

98   Transparency International, Corruption Perceptions Index 2022, pp. 2-3. The level of perceived corruption is 
categorised as follows: low (the perception among experts and business executives of public sector corruption 
scores above 79); relatively low (scores between 79-60), relatively high (scores between 59-50), high (scores 
below 50). 

99   The  score  significantly  increases/decreases  when  it  changes  more  than  five  points;  improves/deteriorates 

(changes between 4-5 points); is relatively stable (changes from 1-3 points) in the last five years.  

100  In 2018 the score was 64, while, in 2022, the score is 62. The score significantly increases/decreases when it 
changes  more  than  five  points;  improves/deteriorates  (changes  between  4-5  points);  is  relatively  stable 
(changes from 1-3 points) in the last five years. 

101  Special Eurobarometer 534 on Corruption (2023). The Eurobarometer data on citizens’ corruption perception 

and experience is updated every year. The previous data set is the Special Eurobarometer 523 (2022). 

102  Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023). The Eurobarometer 
data  on  business  attitudes  towards  corruption  as  is  updated  every  year.  The  previous  data  set  is  the  Flash 
Eurobarometer 507 (2022). 

103  Special Eurobarometer 534 on Corruption (2023).  
104  Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023).  
105  2022 Rule of Law Report, country chapter on the rule of law situation in Portugal, p. 11.  

11 

 
                                                           
for investigation, prosecution, and adjudication of corruption cases under the new regime106. 
EUR 64 million are being invested for the direct or indirect reinforcement of the fight against 
corruption  and  economic  and  financial  crime  by  2026107.  In  relation  to  the  National  Anti-
Corruption Strategy, the OECD formulated conclusions on coverage108, quality109 and extent 
to  which  the  national  strategy  was  consistently  developed  in  an  inclusive  and  transparent 
manner110.  

Major changes in the institutional set up regarding anti-corruption were carried out, with 
significant progress in relation to the full operationalisation of MENAC. The 2022 Rule 
of Law Report recommended to Portugal to “[…] ensur[e] the swift operationalisation of the 
New  Anti-Corruption  Mechanism”111.  The  MENAC112,  established  in  June  2022,  is  an 
independent entity with administrative and financial autonomy, whose mission is to promote 
transparency and integrity in public action and to ensure the effectiveness of policies to prevent 
corruption and related offences113. MENAC, instated on 6 June 2023114, has a budget of its 
own, with an estimated EUR 2,1 million in the State budget for 2023115. The MENAC Strategic 
Plan 2023-2025 and Activity Plan for 2023 were approved by the MENAC President on 25 
January116. The Advisory Council met for the first time in September 2022 and the Monitoring 
Committee met in October 2022117. In December 2022, MENAC launched a first awareness-
raising  campaign  on  the  prevention  of  corruption118.  The  coordination  of  anti-corruption 
activities  among  different  public  bodies,  as  well  as  the  taking  up  of  new  tasks  such  as 
sanctioning powers, is likely to be challenging for MENAC in the context of the numerous 
tasks to be carried out by a relatively limited number of staff. Nevertheless, its functioning is 
expected  to  improve  the  implementation  of  a  series  of  actions  in  this  area,  in  particular 

106  The strategy acknowledges the need to identify and analyse the reasons for delays in complex cases in order 
to better allocate resources. Information received from the Ministry of Justice in the context of the country 
visit to Portugal. 

107  Input from Portugal for the 2023 Rule of Law Report, p. 8.  
108  In terms of coverage, the National Anti-Corruption Strategy establishes strategic objectives to mitigate public 
integrity risks in almost all relevant areas, including in HRM, internal control, fraud and corruption, public 
procurement  and  in  the  private  sector,  public  corporations,  state-owned  enterprises  or  public-private 
partnerships. Contribution from OECD for the 2023 Rule of Law Report, p. 15. 

109  In  terms  of  quality,  the  national  strategy  contains  outcome-level  indicators  for  public  integrity  objectives, 
refers to international legal instruments on public integrity, and although  it provides a clear statement and 
description of the objectives and priorities, it does not include a situational analysis identifying public integrity 
risks for all objectives. Contribution from OECD for the 2023 Rule of Law Report, p. 15. 

110  In terms of the extent to which the national strategy was consistently developed in an inclusive and transparent 
manner,  Portugal  fulfils  four  out  of  seven  criteria,  including  a  mandatory  intergovernmental  and  public 
consultation process, but summaries and responses to the public consultation process were not published on 
the public consultation portal. Contribution from OECD for the 2023 Rule of Law Report, p. 15. 

111  2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 2. 
112  Ministerial Implementing Order No. 155-B/2023 of 6 June 2023. 
113  The  functions  of  this  entity  include:  (I)  monitor  the  application  of  the  General  Anti-Corruption  Regime 
(RGPC) and impose fines on offenders; (II) imposing fines on those  who infringe the law on whistleblower 
protection; (III) implement the national anti-corruption strategy in its preventive dimension – for example by 
developing  programmes  and  initiatives  that  promote  a  culture  of  integrity  and  transparency  among  young 
people; (IV) supporting public authorities in drawing up compliance programmes; and (v) collect and organise 
information related to the prevention and prosecution of corruption and related crimes. 

114  Ministerial Implementing Order No. 155-B/2023, of 6 June 2023. 
115  State Budget Law No. 24-D/2022 of 30 December 2022.  
116  Input from Portugal for the 2023 Rule of Law Report, p. 4. 
117  Input from Portugal for the 2023 Rule of Law Report, p. 9. 
118  Input from Portugal for the 2023 Rule of Law Report, p. 12.  

12 

 
                                                           
regarding and monitoring of the implementation of the general regime for the prevention of 
corruption and conflicts of interest119. As a result, both public and private entities will be put 
under  MENAC  mandatory  compliance  and  preventive  tools.  In  its  supervision  of  public 
entities,  MENAC  will  need  to  rely  on  the  inspector‐generals  from  various  ministries  (or 
equivalent entities) as well as the regional inspectors of Azores and Madeira to ensure that they 
fulfil their obligations stemming from the legislation. Despite the legal obligation, it is not clear 
how MENAC will supervise and enforce the applicable rules in relation to private companies 
and similar legal entities in practical terms, as the inspector-generals from the public sectors 
do not have the enforcement capacity over the private sector. While the MENAC already has 
its own budget and has been instated in June 2023, there are still some operational aspects to 
be  implemented.  As  a  result,  there  has  been  significant  progress  in  addressing  the 
recommendation.  

Some progress has been made with the announced measures to ensure sufficient resources 
for preventing, investigating and prosecuting corruption.  The 2022 Rule of Law Report 
recommended  to  Portugal  “to  ensure  sufficient  resources  for  preventing,  investigating  and 
prosecuting  corruption”120.  Stakeholders  continue  to  report  that  the  lack  of  resources  at  the 
level of the police and prosecution services remains an obstacle to prosecution of corruption-
related  cases121.  Several  high-level  corruption-related  cases  are  ongoing122.  The  authorities 
report  that  while  the  number  of  cases  decreased,  their  complexity  remains  a  challenge, 
especially in view of scarce resources123. In 2021, 20 convictions for corruption-related cases 
were issued (in comparison to 92 in 2020 and 88 in 2019)124. The Prosecutor’s Office informed 
on almost 4 000 new investigations in 2022125. At the same time, a series of recruitments meant 
to  address  the  resources  issue  took  place  or  have  been  launched126.  During  2022,  197  new 
inspectors entered the National Anti-Corruption Unit of the criminal police (100 in March 2022 
and 97 in September 2022). A competition for 65 forensic specialists is currently being carried 
out 127. In the context of the National Anti-Corruption Strategy and the measures to strengthen 
the  fight  against  corruption,  fraud  and  economic  and  financial  crime,  the  programme  for 
recruiting staff for criminal investigation careers, specialists in the forensic and security field 

119  Art. 2, Decree-Law No. 109-E/2021 of 9 December 2006. As a result, codes of conduct and other obligations 
will apply to entities with more than fifty employees but not to the Government; in accordance with the latest 
version of the Government’s code of conduct, approved in May 2022, those rules do not apply to the Ministers’ 
cabinets.  Council  of  Ministers  Resolution  No.  42/2022,  Approves  the  Code  of  Conduct  of  the  XXIII 
Constitutional Government, Preamble.  

120  2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 2 
121  Information  received  from  the  Office  of  the  Prosecutor  General,  Judges  Union,  Prosecutors  Union  and 

Transparency International in the context of the country visit to Portugal. 

122  Public Prosecution, Press release ‘Espírito Santo Indictments’, of 21 July 2022; Lusa, ‘BES case instruction 
postponed to January’, 24 November 2022; ECO, ‘Rui Pinto, Operation Lex and E-Toupeira. Media cases 
make rentrée on the stage of Justice’, 1 September 2022. Observador, ‘Manuel Pinho and Ricardo Salgado 
accused of corruption. António Mexia and João Manso Neto continue to be investigated’, 15 December 2022. 
123  Information received from the Prosecutor General’s Office in the context of the country visit to Portugal. See 

also Section I – Justice System, Quality. 

124  Input from Portugal for the 2023 Rule of Law Report, Annex I. 
125  Information received from the Prosecutor General’s Office in the context of the country visit to Portugal. 
126  Information received from the Criminal Police in the context of the country visit in Portugal. 
127  Recruitment of 25 candidates for the training course for forensic specialists of the Criminal Police (Notice No. 
24250/2022); recruitment of 150 candidates for the training course for judicial police inspectors (Notice No. 
24251/2022);  and  recruitment  of  20  candidates  for  the  judicial  police  security  training  course  (Notice  No. 
24252/2022).  

13 

 
                                                           
of the Criminal Police, was approved for the five-year period from 2022 to 2026128. As a result, 
by  2026,  another  1 100  new  posts  are  expected  to  be  created  for  strengthening  criminal 
investigation, forensic and security careers in the Criminal Police.129. The Inspectorate-General 
of Finance (IGF) has faced  a progressive decrease of  human  resources (from 2015 to  2022 
there has been a 13% reduction of staff while there has been a small increase of 1.8% in budget 
from  2021  to  2022)130,  but  20  new  additional  inspectors  have  been  recruited  in  2022  and 
additional 20 inspectors are to be recruited in 2023131. Overall, various measures ensuring the 
necessary  resources  to  the  relevant  authorities  have  been  announced,  but  not  yet  fully 
introduced  in  practical  terms.  Therefore,  there  has  been  some  progress  in  addressing  the 
recommendation on the need to ensure sufficient resources for preventing, investigating and 
prosecuting  corruption  including  by  ensuring  the  swift  operationalisation  of  the  New  Anti-
Corruption Mechanism.  

The treatment of foreign bribery cases raises concerns. According to the OECD, detection 
of  foreign  bribery  cases  remains  low  and  authorities  prematurely  closed  cases  without 
investigating relevant allegations thoroughly and proactively. Also, the OECD raised a long-
standing call regarding the legal framework and considered also that the sanctions for foreign 
bribery against natural and legal persons do not appear effective, proportionate or dissuasive132. 
The authorities report a few cases under investigation and two convictions on foreign bribery 
up until now. In 2022, Transparency International identified issues related to lack of resources, 
lack of expertise in economic crimes and slowness of the judicial system in dealing with cases 
of  corruption  in  international  trade133.  As  a  result,  Portugal  has  been  downgraded  from 
‘moderate oversight’ to ‘limited oversight’ in comparison to the assessment of 2020. 

Concerns  remain  regarding  the  application  and  monitoring  of  rules  on  conflict  of 
interests for high-level officials of the Parliament. The Parliamentary Working Group on the 
Application of the Code of Conduct assessed the application of the code134 with regards to the 
acceptance  of  hospitalities,  both  national  and  foreign,  and  their  registration  by  Members  of 
Parliament135.  It  concluded  that  very  few  Members  of  Parliament  registered  accepted 
hospitalities, despite the obligation to do so136. Cases of MPs in a situation of potential conflicts 
of interest keep arising even when declarations were provided137. So far, the GRECO call for 
adequate  supervisory  mechanisms,  including  sanctions  for  improper  acts,  which  are  not 
envisaged  in  the  Code  of  Conduct  for  the  Members  of  Parliament,  remains  partially 
unaddressed138.  

128  Ministerial Implementing Order No. 245/2022 of 27 September. 
129  Input from Portugal for the 2023 Rule of Law Report, p.8. 
130  Information received from IGF in the context of the country visit to Portugal. 
131  Input from Portugal for the 2023 Rule of Law Report, p. 8. 
132  OECD (2022), Implementing the OECD Anti-Bribery Convention Phase 4 Report: Portugal, p. 5.  
133  Transparency International (2022), Exporting Corruption 2022 Report. 
134  Art. 20(1), Law No. 7/93, of 1 March. Parliament, Resolution No. 210/2019.  
135  Information received from the Services of the Assembly of the Republic in the context of the country visit to 

Portugal. 

136  It is not allowed for the MPs to accept gifts and hospitalities above EUR 150. Regime governing the exercise 
of functions by political officeholders and senior public officeholders, the Code of Conduct for the Members 
of the Assembleia da República, and the ‘Critérios Orientadores em matéria de Ofertas e Hospitalidade’.  

137  Público, ‘PSD deputy manages credit recovery company in violation of the law’, 1 November 2022. 
138  GRECO Fourth Evaluation Round - Second Compliance Report, p. 4-5. 

14 

 
                                                           
Limitations  concerning  rules  on  ‘revolving  doors’  remain  unaddressed.  As  regards  the 
rules on ‘revolving doors’, there has been no progress in addressing the issue of monitoring 
breaches of post-employment restrictions, which creates concerns as to their enforcement139. 
Currently,  the  rules  on  revolving  doors  are  only  applicable  to  the  Government  and  nine 
independent regulatory agencies140. Despite a commitment from the Anti-Corruption Strategy 
to change the current rules141, no initiative in this regard is currently envisaged142. There have 
been cases of persons moving between political  office  and private  companies, and between 
regulators and the financial sector. Such cases are not covered by the current rules143.  

Integrity issues with regard to Government officials are still under the spotlight. In May 
2022, a Code of Conduct  was approved for the new Government  that took  office in  March 
2022144. It offers guidelines on gifts and hospitality, conflicts of interests and the use of public 
resources but it does not provide for any enforcement mechanism in cases of breaches of the 
rules145. Despite the  guidelines,  the declaration of  gifts  and hospitality remains  an issue for 
some high-level Government officials146. In January 2023, following a series of high-profile 
cases involving Government officials and several ongoing criminal investigations in relation 
to integrity issues, the Government introduced an integrity questionnaire before appointments 
to the cabinet. The purpose is to collect information on the basis of a questionnaire with 36 
questions about potential conflicts of interest, criminal investigations, and assets, which covers 
the  last  three  years  of  activities  and  extends  to  family  members147.  The  impact  of  the 
questionnaire remains doubtful in terms of preventing any reputational risks since, as stressed 
by the authorities, it is not meant to prevent the candidates from joining the Government148. It 
remains, therefore, unclear how the answers to the questionnaire are to be interpreted in terms 
of ethical standards and what follow-up will be given to it. Some members of Parliament insist 
that  the  integrity  questionnaire  should  also  be  applicable  to  the  current  Government,  the 

139  2021 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 12. 
140  According  to  the  Framework  Law  on  Regulatory  Agencies,  board  members  are  banned  from  working  in 
regulated companies for two years but are entitled to a financial compensation during that period. Art. 19, Law 
No. 67/2013, of 28 August. 

141  National Anti-Corruption Strategy 2020-2024. Resolution of the Council of Ministers No. 37/2021, of 6 April. 
142  Several bills addressing the issue of revolving doors are currently pending in Parliament. Input from Portugal 

for the 2023 Rule of Law Report. 

143  E.g., the most recent case has been of a former Environment Minister hired as a consultant on energy and 
environment  affairs  by  an  institute  linked  to  a  large  law  firm.  Expresso,  ‘Matos  Fernandes,  former 
Environment Minister, hired by Abreu Advogados’ institute’, 12 July 2022.  

144  It is addressed primarily to  members of the Government,  but its application is extended  to the staff of the 
cabinets  of  members,  to  all  senior  managers  of  the  public  administration  under  the  direction  of  the 
Government, as well as to managers and managers of institutes and public undertakings. It includes rules, in 
particular on conflicts of interest (Articles 6 and 7) and on gifts and hospitalities (Articles 8, 9 and 10). Council 
of Ministers Resolution No. 42/2022 of 9 May  

145  General Secretariat of the Presidency of the Council of Ministers, ‘About us: Transparency.Government’.  
146  Despite these rules, the Prime Minister and the deputy-minister, the Parliament’s Speaker and the President of 
the  Republic  refused  to  disclose  the  travel  expenses  and  the  hospitality  offered  by  the  Qatari  government 
during the Football World Cup (Observador, ‘Government, Presidency and Parliament refuse to say how much 
it cost for five politicians to travel to Qatar on Falcon and commercial flights’, 10 January 2023).  

147  Resolution of the Council of Ministers No. 2-A/2023: Establishes a questionnaire prior to the integration of 

new members in the Government.  

148  Lusa (2023), ‘Questionnaire for government officials is not an elimination test, reinforces Mariana Vieira da 

Silva’, 24 January 2023.  

15 

 
                                                           
Government has informed that it is applicable only to the future government members and not 
the current ones149.  

There  has  been  some  progress  in  ensuring  the  operationalisation  of  the  Transparency 
Entity.  The  2022  Rule  of  Law  report  recommended  to  Portugal  to  “ensure  the  start  of 
operations of the Transparency Entity in view of effective monitoring and verification of asset 
declarations”150.  The  reform  to  entrust  monitoring  and  verification  of  asset  declarations  of 
political and senior public officials to the Transparency Entity, established in 2019151, has not 
yet been finalised. This delay has also been raised by GRECO152. On 15 February 2023, three 
members  of  the  Transparency  Entity  took  office153  and  the  digital  platform  to  handle  asset 
declarations is at the final testing phase154, expected to be completed in the second quarter of 
2023155.  However,  the  Entity’s  headquarters  have  not  been  installed  due  to  the  necessary 
renovation works, despite repeated calls from the Constitutional Court for the situation to be 
addressed156. The Government expects to achieve progress as regards the operationalisation of 
the  Transparency  Entity  in  the  second  quarter  of  2023157.  As  a  result,  the  verification  of 
declarations on paper is still being conducted by the representative of the public Prosecution in 
the Constitutional Court, which raised concerns as to efficiency and completeness158. In view 
of  the  above,  some  progress  has  been  made  on  the  recommendation  to  ensure  the  start  of 
operations of the Transparency Entity. 

Discussions on the new bill concerning regulation of lobbying started in the Parliament. 
While the resolution159 implementing a pilot project of ‘legislative footprint’ stemming from 
the National Anti-Corruption Strategy was completed in 2022, there has been so far no report 
on its implementation. The Government plans to submit the follow-up project to the Council 
of Ministers but there is no timeline for such a submission160. The discussions on the regulation 
of lobbying have been initiated by parliamentary groups,  although the success of the future 

149  SicNoticias, ‘Scrutiny mechanism: Government approves '34-question questionnaire' for new members’, 12 
January 2023’; Observador, ‘Marcelo: “It is obvious that questionnaire applies” to current rulers’, 12 January 
2023. 

150  2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p.2. 
151  Art. 5 of Organic Law No. 4/2019, of 13 September, provides that until the establishment of the Transparency 
Entity, single declarations of income, assets and interests continue to be filed with the Constitutional Court 
and scrutinised under the previous regime. 

152  GRECO, Fourth round of Evaluations, Second Compliance Report on Portugal, p. 6. 
153  Público,  ‘Three  years  later,  Transparency  Entity  will  have  temporary  facilities  by  the  end  of  the  year’,  8 

November 2022. 

154  Information received from the Constitutional Court in the context of the country visit to Portugal. 
155  Constitutional Court, Press release of 17 January 2023 regarding the Transparency Entity. 
156  The second phase of renovation works is expected to be finalised by August 2023. Constitutional Court, Press 

release, of 17 January 2023 regarding the Transparency Entity, and Press release of 21 April 2023. 
157  Information received from the Constitutional Court in the context of the country visit to Portugal. 
158  The current way the verification process is conducted is considered inefficient and partial only in practical 
terms despite the legal obligation. Expresso, ‘TC Only a third of the statements of politicians inspected’, 13 
January 2023; Público, ‘Half of Jamila Madeira's income statements to the TC without… income’, 18 January 
2023.  

159  2020-2024 National Anticorruption Strategy, p. 20; Council of Ministers Resolution No. 143/2021: Approves 
the pilot project to implement the principle of the ‘legislative footprint’ within the scope of the governmental 
legislative procedure.  

160  The  pilot  project  for  the  implementation  of  the  ‘legislative  footprint’  principle  consisted  in  rendering 
mandatory registration of any intervention by external entities in the legislative process throughout the whole 
legislative process. Input received in the context of the 2023 Rule of Law Report, p. 30. 

16 

 
                                                           
legislation based on the current  legislative bills  remains unclear161.  The future legislation is 
expected to address concerns raised by GRECO on the need to clarify the scope of permissible 
contacts between members of Parliament and third-party interests162. 

Implementation of the new legislation on the protection of whistleblowers is ongoing. New 
rules163 were introduced on 20 December 2021 with the aim to align national legislation with 
the Whistleblowers Directive164. MENAC is expected to have a central role in enforcing and 
sanctioning non-compliance with the general regime for the protection of whistleblowers165. 
Currently, all entities concerned have internal reporting channels and follow-up on reports of 
corruption and related offences. In 2022, the IGF’s reporting channels became operational, as 
a team was set-up to monitor and deal with complaints of infringements and a specific training 
in this regard was provided to all IGF staff166.  

Efforts  are  being  made  to  improve  the  gaps  in  the  public  procurement  sector.  Public 
procurement  remains  a  risk  area  for  corruption.  The  Flash  Eurobarometer  on  Businesses’ 
attitudes towards corruption in the EU shows that 25% of companies in Portugal (EU average 
26%)  think  that  corruption  has  prevented  them  from  winning  a  public  tender  or  a  public 
procurement contract in practice in the last three years167. As part of implementing the 2015 
Budgetary Framework Law, Portugal plans, among others, to adopt new procurement models 
for the central  public procurement system168. The OECD is  currently carrying out  a project 
with the Court of Audit in order to strengthen its auditing capacities and risk analysis with a 
focus on the Government’s public procurement activity169. The project seeks to improve the 
Court’s use of artificial intelligence and machine learning to  assess risks of irregularities in 
public  procurement.  The  project  will  result  in  an  analytical  tool  for  leveraging  new 
procurement data sources and a report with recommendations to support the Court of Audit to 
effectively implement the new framework170. 

III.  MEDIA PLURALISM AND MEDIA FREEDOM 

The fundamental  principles  underpinning media  freedom and pluralism  are  anchored in  the 
Portuguese Constitution171 and a comprehensive legal framework exists to protect journalists 
in the exercise of their profession172. The establishment of an independent regulatory body is 

161  Information received from the Services of the Assembly of the Republic in the context of the country visit to 

Portugal. 

162  GRECO Fourth Evaluation Round - Second Compliance Report, p. 4.  
163  Law No. 93/2021, of 20 December. 
164  Directive (EU) 2019/1937 on the protection of persons who report breaches of Union Law. 
165  Law No. 93/2021 of 20 December (see in particular Arts. 27 and 29, Law No. 93/2021 of 20 December and 

Art. 8 of the RGPC). 

166  In 2023, IGF put in place specific audits for monitoring the compliance of central administration entities within 
the  Finance  Ministry,  municipalities  and  entities  from  the  state-owned  enterprises  with  the  obligations 
established in the general regime for the prevention of corruption and conflicts of interests. Input from Portugal 
for the 2023 Rule of Law Report, p. 14. 

167  Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023). This is 1 percentage 

points below the EU average. 

168  2023 European Semester Country Report for Portugal, p. 9. 
169  Contribution from OECD in the context of the 2023 Rule of Law Report, p. 15. 
170  Ibid.  
171  Arts. 37 and 38, Constitution of the Portuguese Republic. 
172  Portugal ranks 9th in the 2023 Reporters without Borders World Press Freedom Index compared to 7th in the 

previous year. 

17 

 
                                                           
also  mandated  in  the  Constitution173.  A  solid  legal  framework174  is  in  place  regarding  the 
transparency of ownership across all media markets. Access to information and documents held 
by public authorities is safeguarded through legislation175. No major legislative developments 
have taken place since the publication of the 2022 Rule of Law Report. 

The  Regulatory  Authority  for  the  Media  maintains  its  central  role  as  regards  media 
freedom and pluralism, although concerns are voiced regarding resources. The regulatory 
authority (Entidade Reguladora para a Comunicação Social, ERC) has an array of essential 
tasks as it monitors all entities pursuing media activities in Portugal. In line with the revised 
Audiovisual Media Services Directive, the ERC is preparing the regulation of video sharing 
platforms (new bylaws and other measures specific to video sharing platforms)176. The 2023 
Media  Pluralism  Monitor  (MPM)  report  for  Portugal  mentions  that  the  ERC  has  raised 
concerns  in  recent  years  of  underfunding  and  delays  in  budget  allocations  by  the 
Government177.  The  2023  MPM  suggests  the  need  to  strengthen  the  independence  of  the 
ERC178.  

A comprehensive legislative framework is in place to regulate the transparency of media 
ownership, and further improvements are under consideration. The Constitution requires 
this transparency and mandates ERC to monitor it in implementation of the specific law that 
regulates this matter179. However, the 2022 Media Pluralism Monitor noted that some entities 
showed  low  levels  of  transparency,  and  it  was  difficult  to  identify  whether  these  cases  are 
sanctioned in practice180. The ERC is in the process of assessing the provisions regulating the 
transparency  of  media  ownership,  to  ensure  that  accurate  information  is  provided181.  The 
legislation will also be examined to ascertain whether some of its aspects require revision. The 
ERC  is  also  improving  the  Transparency  Portal  in  order  to  make  it  more  efficient  and 
readable182. Moreover, since 1 March 2023, ERC has implemented a new Registry Portal183 as 
a  new  tool  to  facilitate  the  registration  of  media  outlets  and  the  introduction  of  data.  The 
Government plans to review the legislation on institutional advertising184. More entities may 
be subjected to these rules. The Government Program for 2022-2026 contemplates the review 
of the Press Law and provisions on incentives for regional and local media.185.  

Access to information and documents held by public authorities is safeguarded through 
legislation.  The  Constitution  guarantees  the  right  of  journalists  to  access  sources  of 

173  Art. 39, Constitution of the Portuguese Republic. 
174  Law No. 78/2015, of 29 July. 
175  Law No. 26/2016, of 22 August. 
176  Information received from ERC in the context of the country visit to Portugal. 
177  2023 Media Pluralism Monitor, country report for Portugal, pp.12 and 23.  
178  Ibid. 
179  Law No. 78/2015, of 29 July. 
180  2022 Media Pluralism Monitor, country report for Portugal, p. 13 and 2023 Media Pluralism Monitor, country 

report for Portugal, p. 14. 

181  Information received from ERC in the context of the country visit to Portugal.  
182  Information received from ERC in the context of the country visit to Portugal. 
183  ERC, Press release of 1 March 2023. 
184  Information received from the Secretariat General of the Presidency of the Council of Ministers in the context 

of the country visit to Portugal. 

185  Information received from the Secretariat General of the Presidency of the Council of Ministers in the context 

of the country visit to Portugal. 

18 

 
                                                           
information186,  and  access  to  administrative  documents  and  administrative  information  is 
regulated by rules of general application187. Non-respect of the right of access to administrative 
documents can be appealed to the Administrative and Tax Courts. A complaint may also be 
filed  before  the  independent  administrative  Commission  for  Access  to  Administrative 
Documents, but opinions on complaints are not binding on public institutions. 

Concerns regarding the precariousness of the journalistic profession remain. Stakeholders 
highlighted  the  economic  difficulties  on  media  market  for  both  media  and  journalists,  with 
falling advertising revenues, a lack of local media and one fourth of the country lacking local 
or  regional  news  sources188.  The  2023  Media  Pluralism  Monitor  shows  important  level  of 
media concentration189, which stakeholders consider to have an important impact on editorial 
independence and self-censorship190. As regards the financial and economic situation of the 
media  sector  a  study  has  been  published  by  ERC191.  It  highlights  how  companies  owning 
several media fare better than those owning just one. Stakeholders also showed concern about 
the  shift  in  share  ownership  within  the  news  agency  LUSA192,  affirming  that  higher 
participation of private media193 may lead to private interference194. Stakeholders outlined that 
strikes  are  taking  place  to  protest  low  salaries195,  as  well  as  requesting  better  working 
conditions196. Regarding the cyber-attacks suffered by several media websites in 2022197, these 
remain under investigation. Only one alert on the Council of Europe Platform to promote the 
protection of journalism and safety of journalists has been filed since the publication of the 
2022 Rule of Law Report198, which concerns the assault on a photo-journalist by a football fan. 
This alert has already received the reply and explanations from the Portuguese authorities199. 
Stakeholders report that instances of verbal and physical aggressions to journalists  covering 
sports events are occurring increasingly frequently200. 

Two journalists on trial for allegedly violating the secrecy of justice were acquitted. The 
journalists  were  prosecuted  for  allegedly  violating  the  secrecy  of  justice  in  relation  to  their 

186  Art. 38(2)(b), Constitution of the Portuguese Republic. The Statute of Journalists, approved by Law No. 1/99, 

of 13 January, contains provisions aimed at ensuring this right (Art. 8). 

187  Law No. 26/2016, of 22 August. 
188  Stakeholders  referred  to  these  regions  as  ‘media  desert’  (information  received  from  the  Journalists’ 

Professional License Committee in the context of the country visit to Portugal). 

189  2023 Media Pluralism Monitor, country report for Portugal, pp. 15-16.  
190  Information received from the Journalists’ Professional License Committee in the context of the country visit 
to  Portugal.  Regarding  editorial  independence,  see  also  2023  Media Pluralism  Monitor,  country  report  for 
Portugal, pp. 18 and 23. 

191  ERC (2023), Análise Económica e Financeira ao Setor dos Media em Portugal no ano 2021. 
192  LUSA is the largest news agency in Portugal, as well as the largest news agency in the Portuguese language.  
193  Share structure: 50.15% State owned, 0.03% RTP, and the reminder owned by private media. LUSA website. 
194  Information received from the Journalists’ Professional License Committee in the context of the country visit 

to Portugal. 

195  In LUSA, where salaries have been frozen for 12 years (Journalists Union, Press release of 15 March 2023). 
196  Journalists Union, Press release of 11 March 2023. 
197  2021 Rule of Law Report, country chapter on the rule of law situation in Portugal, p. 15. 
198  Council of Europe Platform to promote the protection of journalism and safety of journalists. 
199  Letter from the Permanent Representation of Portugal to the Council of Europe (in French). 
200  Information received from the Journalists’ Professional License Committee in the context of the country visit 
to Portugal. See also Union of Journalists, Press release of 8 April 2023 on Aggression to photo-journalist, 
and  Press  release  of  13  February  2023;  Journalists’  Professional  License  Committee,  Press  release  of  23 
February 2023. 

19 

 
                                                           
reporting in 2018 about an anti-corruption operation201. As mentioned in the 2021 Rule of Law 
Report,  in  the  context  of  these  criminal  procedures,  the  journalists  were  placed  under 
surveillance without judicial warrant202. On 28 February 2023, the Central Criminal Court of 
Lisbon  acquitted  the  journalists,  and  found  that  the  journalists  had  sought  to  perform  their 
duties and inform citizens about a matter of public interest in a responsible manner203. One of 
the  journalists  subsequently  filed  a  case  against  the  prosecutor  who  ordered  their  illegal 
surveillance, and that case is still pending204. As regards SLAPPs, no concerns have been raised 
by stakeholders. 

The  public  service  media  provider  is  independent,  although  there  are  challenges 
regarding  its  resources.  Rádio  e  Televisão  de  Portugal  (RTP),  the  public  service  media 
provider, is established by law205. No significant changes to the law have taken place since the 
publication of the 2022 Report on Rule of Law. Concerns were voiced regarding the financial 
resources of RTP206, given that the majority of funds for RTP come from an audiovisual tax, 
that, pursuant to law, should be annually indexed to the inflation, but that has effectively not 
been updated on several occasions207. An RTP report208 provides comparative data vis-à-vis 
other  EU  member  states  that  further  supports  the  concerns  about  financial  resources.  The 
Minister of Culture established a committee of experts to draw up a White Paper in view of the 
future revision of the public service broadcasting contract. After consultation of more than 100 
stakeholders, the committee made public the White Paper in May 2023. The document stresses 
the 
forward  some  75 
the  public  service  broadcaster  and  puts 
importance  of 
recommendations.209. 

Tax incentives have been introduced to encourage the subscription of written media. The 
2023  budget  law  includes  provisions  for  the  reimbursement  of  VAT  for  subscriptions  to 
newspapers and written media in the 2024 income tax210. The objective is to make these media, 
which  foster  the  development  of  a  finer  and  more  critical  approach  to  information,  more 
attractive for the public, thus contributing to the growth of share of knowledgeable media users 
and establishing a favourable ecosystem for quality media. This measure has been welcomed 
by some211. 

A legislative amendment removed the criticised wording of Article 6 of the Portuguese 
Charter of Human Rights in the Digital Age adopted in 2021212. The aim of the provision 
in question was to protect against disinformation, where Article 6(6) of the Charter provided 

201  2021 Rule of Law Report, country chapter on the rule of law situation in Portugal, pp. 14. 
202  Ibid. 
203  International Press Institute (2023), ‘Portugal: Acquittal of journalists represents important legal victory for 

press freedom’. 

204  Ibid.  
205  Law No. 8/2007, of 14 February. 
206  Information  received  from  RTP  in  the  context  of  the  country  visit  to  Portugal,  and  2023  Media  Pluralism 

Monitor, country report for Portugal, pp. 18 and 24. 

207  Art. 4, Law No. 30/2003 on the financing of RTP. 
208  RTP, Report on the Fulfilling of the Public Service Obligations and Strategic Project - 2021. 
209  Information received from the Secretariat General of the Presidency of the Council of Ministers in the context 

of the country visit to Portugal. 

210  Law No. 24-D/2022, of 30 December, approving the State budget for 2023. 
211  Information received from the Journalists’ Professional License Committee and ICNOVA in the context of 

the country visit to Portugal. 

212  Law No. 27/2021. 

20 

 
                                                           
for  ‘support  of  the  state  to  the  creation  of  registered  fact-checking  structures  overseeing 
registered  media  outlets,  and  the  attribution  of  quality  labels  given  by  trustworthy  public 
entities’. This provision received criticism and opposition from stakeholders, for its possible 
impact on the freedom of expression and information213. The 2022 Rule of Law Report took 
note  of  these  criticisms  and  the  subsequent  request  for  constitutional  review214.  The 
Constitutional Court did not decide on the substance of the request, as the law was amended 
before it examined the request215. The amending law simplified the protection regime against 
disinformation, ensuring its articulation with the European Action Plan against Disinformation, 
and  the  contested  provisions  were  repealed216.  These  developments  were  well  received  by 
journalist representatives217. 

IV.  OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES 

Portugal  is  a  representative  democratic  republic  with  a  directly  elected  President  and  a 
unicameral  Parliament.  The  President  of  the  Republic,  elected  by  direct  popular  vote,  has 
significant  constitutional  and  political  powers,  including  the  competence  to  dissolve 
Parliament218.  The  Prime  Minister  has  the  competences  to  direct  the  Government’s  general 
policy  and  to  coordinate  and  orient  the  actions  of  all  the  Ministers219.  Parliament  and 
Government share legislative competence. The Members of Parliament and the Parliamentary 
Groups, the Government, the Regional Assemblies, and a group of at least 20 000 citizens have 
the right of legislative initiative. The Constitutional Court, which is part of the judiciary, is 
competent  to  review  the  constitutionality  of  laws  and  to  control  the  constitutionality  of  the 
omission to adopt the necessary legislative measures to execute constitutional norms220; it also 
has other important competences, including on electoral matters and control of assets, interest 
disclosure and incompatibility declarations221. The independent Ombudsperson is tasked with 
safeguarding and promoting the freedoms, rights and guarantees of citizens, and has the right 
to challenge the constitutionality of laws. 

There  has  been  significant  progress  to  improve  the  transparency  of  law-making,  as 
impact assessment rules were adapted to further improve the quality of legislation and 
increase  the  transparency  of  the  legislative  procedure.  The  2022  Rule  of  Law  Report 
recommended  to  Portugal  to  ‘[c]ontinue  the  reforms  to  improve  the  transparency  of  law-
making, particularly on the implementation of impact assessment tools’222. The quality of law-
making and frequent changes in legislation remains a significant reason for concern about the 

213  Journalists Union, Press release of 9 June 2021; Journalists’ Professional License Committee, Complaint to 

the President of the Republic and to the Ombudsperson of 30 June 2021.   

214  2022 Rule of Law Report, country chapter on the rule of law situation in Portugal, p. 19. 
215  Constitutional  Court,  Decision  of  7  March  2023  on  the  Complaint  Against  Provisions  in  the  Portuguese 

Charter of Human Rights in the Digital Era, Case No. 84/2021. 

216  Law No. 15/2022, of 11 August. See also Input from Portugal for the 2023 Rule of Law Report, p. 32. 
217  Information received from Journalists’ Professional License Committee and ICNOVA in the context of the 

country visit to Portugal. 

218  Art. 133(e), Constitution of the Portuguese Republic. 
219  Art. 201, Constitution of the Portuguese Republic. 
220  Art. 223(1), Constitution of the Portuguese Republic. 
221  Art.  223(2)(c),  (g),  (h),  Constitution  of  the  Portuguese  Republic;  Arts.  11-A  and  106  to  110,  Law  on  the 

Constitutional Court. 

222  2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 2. 

21 

 
                                                           
effectiveness of investment protection among companies in Portugal223. Due to the delays at 
the beginning of the new legislature224, the Parliament’s initiatives to improve the quality of 
legislation and increase the transparency of the legislative procedure remain in a preparatory 
phase. In particular, a technical working group was created to review and update, until the end 
of  the  parliamentary  term,  the  Parliament’s  legal  drafting  technical  guide.  The  Rules  of 
Procedure, adopted in July 2020, are also being reviewed225. Regarding the legislative power 
entrusted to the Government, the improvement of the quality of legislation has been defined as 
one of the priorities of its programme226, which commits to approve a yearly legislative plan, 
setting out the calendar of the main legislative initiatives, as well as the approval of a common 
code on legislative drafting for all institutions with legislative power227. The duty to subject all 
legislative proposals to impact assessment has also been inscribed in the organic law of the 
Government228. All legislative proposals from the Government have been subject to  ex ante 
impact assessment229. Moreover, the questionnaire used for impact assessment regarding risks 
of  fraud  and  corruption  has  been  revised  and  is  now  mandatory230.  New  dedicated 
questionnaires  on  conflicts  of  interest  have  also  been  introduced231.  While  some  of  the 
commitments of the Government still require practical implementation and work remains in 
progress  in  Parliament,  the  concrete  measures  adopted  and  already  implemented  by  the 
Government regarding the improvement of impact assessment indicate significant progress on 
the implementation of the recommendation made in the 2022 Rule of Law Report.  

A Constitutional revision is under discussion in Parliament. Following the presentation of 
proposals by all eight parties with parliamentary representation, discussion on an ordinary232 
revision of the Constitution started in Parliament in January 2023. For this purpose, an Ad Hoc 
Committee  for  Constitutional  Revision  was  created.  Among  the  393  amendment  proposals 
affecting 186 articles of the Constitution233 there are proposals relevant for the organisation of 
the justice system, including on the composition of the High Council for the Judiciary234 and 
the High Council for the Public Prosecution, as well as on the system of appointment of the 

223  Figure  54,  2023  EU  Justice  Scoreboard  indicates  that  ‘Frequent  changes  in  legislation  or  concerns  about 

quality of the law-making process’ are of concern to 20% of companies in Portugal. 

224  As noted in the 2022 Rule of Law Report, following the dissolution of the Parliament in December 2021, the 
regular parliamentary activity ceased until the beginning of the new legislature, in March 2022, leading to a 
delay in the regular legislative activity (2022 Rule of Law Report, country chapter on the rule of law situation 
in Portugal, p. 21).  

225  Information received from the Services of the Assembly of the Republic in the context of the country visit to 

Portugal.  

226  Input from Portugal for the 2023 Rule of Law Report, p. 32.  
227  Portuguese Government (2022), Programme of Government 2022-2026, p. 38.  
228  Art. 53, Decree-Law No. 32/2022. 
229  Input from Portugal for the 2023 Rule of Law Report, p. 32.  
230  Ibid.  
231  Ibid.  
232  Parliament  can  initiate  a  revision  of  the  Constitution  five  years  after  the  previous  revision.  Beyond  this 
timeframe, extraordinary revisions of the Constitution can be initiated under the proposal of a majority of four 
fifths of Members of Parliament. 

233  Information received from the Services of the Assembly of the Republic in the context of the country visit to 

Portugal.  

234  It should be recalled that currently the High Council for the Judiciary is not composed by a majority of judges 
elected by their peers. Since 2021, 9 of the Council’s 17 members are career judges: 7 elected by their peers, 
1 appointed ex-officio (President of the Supreme Court of Justice, elected by judges of that Court) and one 
judge appointed by the President of the Republic (2022 Rule of Law Report, country chapter on the rule of 
law situation in Portugal, p. 6). 

22 

 
                                                           
Prosecutor  General.  Different  proposals  have  been  presented  regarding  the  creation  of  a 
constitutional  provision  with  express  reference  to  the  possibility  of  declaring  the  state  of 
emergency due to health emergencies235. A majority of two thirds is required for the approval 
of amendments to the Constitution236. 

The emergency measures adopted in the context of the COVID-19 pandemic were lifted, 
and a new legal basis for emergency measures is under discussion. The situation of alert 
ceased to apply on 30 September 2022 and was not extended further237. The Government lifted 
the majority of the restrictive measures adopted in the context of the COVID-19 pandemic and 
repealed most of the legislative acts adopted by the Government for this purpose238. Regarding 
the measures approved by Parliament, the Government presented a draft law to Parliament239, 
with the objective to lift all laws published in the context of the COVID-19 pandemic. The 
proposal is currently under discussion in Parliament240. As mentioned in the 2022 Rule of Law 
Report241,  the  previous  Government  initiated  reflections  regarding  a  new  legal  basis  for 
emergency measures. In this context, a working group proposed that a new provision should 
be added to the Constitution242, expressly authorising deprivation of liberty in the case of the 
lawful detention of persons for the prevention of spreading of infectious diseases243. 

On 1 January 2023, Portugal had 15 leading judgments of the European Court of Human 
Rights  pending  implementation,  a  decrease  of  two  compared  to  the  previous  year244. 
While Portugal’s rate of leading judgments from the past 10 years that remain pending was at 
that time at 39% (compared to 41% in 2022), the average time that the judgments have been 
pending  implementation  was  5  years  and  1  month  (compared  to  3  years  and  10  months  in 
2022)245.  The  oldest  leading  judgment,  pending  implementation  for  11  years,  concerns  the 

235  On the reflection on the legal basis for the adoption of exceptional measures to fight the pandemic under the 

constitutional framework, see also the following paragraph. 
236  Art. 286(1), of the Constitution of the Portuguese Republic. 
237  Decree-Law No. 66-A/2022, of 30 September, and Resolution of the Council of Ministers No. 96/2022, of 24 

October. 

238  Resolution of the Council of Ministers No. 73-A/2022. Input from Portugal for the 2023 Rule of Law Report, 

p. 27. 

239  Proposal for a Law No. 45/XV/1. 
240  Information received from the Services of the Assembly of the Republic in the context of the country visit to 
Portugal. The proposal  was approved in first reading on 23 March 2023, and in the Constitutional  Affairs 
Committee on 19 May 2023. 

241  2022 Rule of Law Report, country chapter on the rule of law situation in Portugal, pp. 21-22. 
242  Art. 27, Constitution of the Portuguese Republic, ‘Right to liberty and security’. 
243  Information received from the Office of the Ombudsperson in the context of the country visit to Portugal.  
244  The  adoption of necessary execution  measures  for a judgment by the European  Court of Human  Rights is 
supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group 
cases against a State requiring similar execution measures, particularly general measures, and examine them 
jointly. The first case in the group is designated as the leading case as regards the supervision of the general 
measures and repetitive cases within the group can be closed when it is assessed that all possible individual 
measures needed to provide redress to the applicant have been taken. 

245  All figures are calculated by the European Implementation Network and are based on the number of cases that 
are considered pending at the annual cut-off date of 1 January 2023. See the Contribution from the European 
Implementation Network for the 2023 Rule of Law Report, p. 6. 

23 

 
                                                           
fairness of criminal proceedings246. On 15 June 2023, the number of leading judgments pending 
implementation remains 15247. 

The reorganisation of the Office of  the Ombudsperson has shown positive results.  The 
Ombudsperson is accredited with ‘A’ status by the UN Global Alliance of National Human 
Rights Institutions (GANHRI)248. As noted in the 2022 Rule of Law Report249, the structure of 
the  supporting  services  to  the  Ombudsperson  was  reformed  in  2021.  Following  its 
operationalisation in 2022, the Office of the Ombudsperson assesses this reform positively250. 
In particular, it is reported that the reform has allowed  a more effective management of the 
workload and to  focus on priority areas251.  It  is  also reported that the reform  has enabled a 
better integration of the duties of the Ombudsperson as a National Human Rights Institution, 
as well as increased the capacity to detect systemic failures of public administration252. On the 
basis of the reported results, the reform appears to be positive and in line with the applicable 
European  standards253.  Regarding  the  complaints  handled,  the  Office  of  the  Ombudsperson 
reports an increase in  the number of  complaints submitted by foreign  citizens, in  particular 
regarding long residence permit waiting time. In this context, contacts have been initiated with 
the Immigration and Border Service, and the Office remains seized regarding this matter254. 

Stakeholders report some improvements in the  financing available to civil  society, but 
challenges in this regard remain. The civil society space continues to be considered to be 
open255. Whereas the 2022 Rule of Law Report referred to challenges regarding availability of 
funding256,  stakeholders  report  that  the  situation  has  been  gradually  improving,  and  that,  in 
2022, there has been an increase of the budget of the biggest call for proposals257. However, 
concerns persist in this regard, as funding opportunities remain mostly project-based and driven 
by  pre-established  priorities258,  not  allowing  the  development  of  long-term  projects  and 

246  Judgment of the European Court of Human Rights of 5 July 2011, Moreira Ferreira v. Portugal, 19808/08, 

pending implementation since 2011. 

247  Data according to the online database of the Council of Europe (HUDOC). 
248  Global Alliance of National Human Rights Institutions (GANHRI), Sub-Committee on Accreditation (SCA) 

(2017), Accreditation Report – November 2017. 

249  2022 Rule of Law Report, country chapter on the rule of law situation in Portugal, pp. 22-23. 
250  Information received  from the Office  of the Ombudsperson in the  context of the country  visit to Portugal. 
Contribution from the European Network of National Human Rights Institutions (ENNHRI) for the 2023 Rule 
of Law Report, pp. 479-480. 

251  Moreover, the newly created triage unit has allowed for a more effective screening of complaints and, through 
the preparation of weekly reports to the Head of Institution, also ensured better monitoring of their follow-up, 
and  allowing  the  reallocation  of  resources  among  existing  units  where  needed.  The  weekly  reports  also 
function  as  early-warning  mechanism  allowing  the  Ombudsperson  to  monitor  complaints  received  from 
especially  vulnerable  citizens,  which  may  require  immediate  intervention  and  thus  the  adoption  of 
precautionary  measures.  Contribution  from  the  European  Network  of  National  Human  Rights  Institutions 
(ENNHRI) for the 2023 Rule of Law Report, pp. 479-480. 

252  Ibid. 
253  In particular, Recommendation CM/Rec(2019)6 of the Committee of Ministers of the Council of Europe on 
the development of the Ombudsman institution, para. 6, and Venice Commission, Principles on the Protection 
and Promotion of the Ombudsman Institution (‘The Venice Principles’), CDL-AD(2019)005, para 22. 
254  Information received from the Office of the Ombudsperson in the context of the country visit to Portugal. 
255  Rating by CIVICUS; ratings are on a five-category scale defined as: open, narrowed, obstructed, repressed 

and closed. 

256  2022 Rule of Law Report, country chapter on the rule of law situation in Portugal, pp. 22-23. 
257  Contribution from the Platform of Development Non-Governmental Organisations for the 2023 Rule of Law 

Report, p. 19. 

258  Ibid. 

24 

 
                                                           
strategies. Moreover, structural  problems  remain regarding the  fund-raising capacity, which 
worsened subsequent  to  the economic  crisis259.  In the philanthropic sector,  there  are  efforts 
ongoing to improve the capacity of civil society organisations (CSOs) and awareness raising 
to the role of civil society in the promotion of civic participation, protection of human rights 
and  monitoring  of  public  policies260.  CSOs  continue  to  be  actively  involved  in  government 
initiatives, in particular in the areas of civic participation and migration261. Positive examples 
are also reported regarding inclusive consultation in the development sector, while calls for 
further improvement remain262.  

259  Information received from the Gulbenkian Foundation in the context of the country visit to Portugal. See also 
Contribution from the European Network of National Human Rights Institutions (ENNHRI) for the 2023 Rule 
of Law Report, p. 484. 

260  Gulbenkian Foundation, Programme Active Citizens.  
261  Input from Portugal for the 2023 Rule of Law Report, pp. 38-39. 
262  Contribution from the Platform of Development Non-Governmental Organisations for the 2023 Rule of Law 

Report, p. 20. 

25 

 
                                                           
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2022 Rule of Law report 
can  be  found  at  https://ec.europa.eu/info/publications/2022-rule-law-report-targeted-stakeholder-
consultation_en. 

Advocatus  (2023),  ‘Marcelo  points  to  difficulties  in  the  system  for  appointing  judges  to  the 
Constitutional Court’, 2 March 2023. 

Assembly of the Republic (2020), Code of Conduct for the Members of the Assembleia da República 
CriteriosOrientadoresOfertasDeputadosAR_Simples.pdf (parlamento.pt). 

Bar Association (2023), Press release of 14 February 2023. 

Bar Association (2022), Press release of 20 September 2022. 

Centre for Media Pluralism and Media Freedom (2023), Media pluralism monitor 2023 – country report 
on Portugal. 

Civicus (2023), Monitor tracking civic space – Portugal https://monitor.civicus.org/country/portugal/. 

Constitutional Court, Decision of 7 March 2023 on the Complaint Against Provisions in the Portuguese 
Charter of Human Rights in the Digital Era, Case No. 84/2021. 

Constitutional Court, judgment of 27 February 2023, No. 60/2023, Case No. 109/2023. 

Constitutional Court (2023), Press release of 21 April 2023. 

Constitutional Court (2023), Press release of 17 January 2023. 

Constitutional Court (2023) Decision of 7 March 2023 on Complaint about Article 6 of the Charter of 
Human Rights in the Digital Era: https://www.tribunalconstitucional.pt/tc/acordaos/20230066.html. 

Council of Bars and Law Societies of Europe (2023), Contribution from the Council of Bars and Law 
Societies of Europe (CCBE) for the 2023 Rule of Law Report. 

Council  of  Europe:  Committee  of  Ministers  (2022),  H46-20  Vicente  Cardoso  group  v.  Portugal 
(Application No. 30130/10)  – Supervision of the execution of the European Court’s judgments DH-
DD(2022)1119: Communication from Portugal. 

Council of Europe: Consultative Council of European Judges (2021),  Opinion No. 24 (2021) on the 
evolution of the Councils for the Judiciary and their role in independent and impartial judicial systems. 

Council  of  Europe:  Committee  of  Ministers  (2010),  Recommendation  CM/Rec(2010)12  of  the 
Committee of Ministers to member states on judges: independence, efficiency and responsibilities. 

Council  of  Europe:  Venice  Commission  (2013),  Opinion  on  the  Draft  Amendments  to  three 
Constitutional Provisions relating to the Constitutional Court, the Supreme State Prosecutor and the 
Judicial Council of Montenegro (CDL-AD(2013)028). 

Council  of  Europe  Platform  to  promote  the  protection  of  journalism  and  safety  of  journalists: 
https://fom.coe.int/en/accueil. 

Council  of  Europe: Venice  Commission  (2019),  Principles  on  the  Protection  and  Promotion  of  the 
Ombudsman Institution (‘The Venice Principles’), CDL-AD(2019)005. 

Council of Ministers (2023), Questionnaire prior to the integration of new members in the Government 
(Resolution of the Council of Ministers No. 2-A/2023, of 13 January). 

Council of the European Union (2021), Council implementing decision (10149/21) on the approval of 
the assessment of the recovery and resilience plan for Portugal, 6 July 2021. 

Council of the European Union (2021), Annex to the Council Implementing Decision on the approval 
of the assessment of the recovery and resilience plan for Portugal. 

26 

 
Directorate-General  for  the  Administration  of  Justice  (2023),  Information  No.  1875/2023,  of  27 
January. 

ECO  (2022),  Rui  Pinto,  Operation  Lex  and  E-Toupeira.  Media  cases  make  rentrée  on  the  stage  of 
Justice, 1 September 2022.  

ERC (2023), Análise Económica e Financeira ao Setor dos Media em Portugal no ano 2021.   

ERC (2023), Press Release of 1 March 2023.  

European Commission (2023), 2023 European Semester Country Report for Portugal. 

European Commission (2023), EU Justice Scoreboard. 

European Commission (2022), 2022 Rule of Law Report, Country Chapter on the rule of law situation 
in Portugal. 

European Commission (2022), EU Justice Scoreboard. 

European Commission (2021), 2021 Rule of Law Report, Country Chapter on the rule of law situation 
in Portugal. 

European Commission (2020), 2020 Rule of Law Report, Country Chapter on the rule of law situation 
in Portugal. 

European Network of Councils for the Judiciary (2023), Contribution from the European Network of 
Councils for the Judiciary (ENCJ) for the 2023 Rule of Law Report. 

European  Network  of  National  Human  Rights  Institutions  (2023),  Contribution  from  the  European 
Network of National Human Rights Institutions for the 2023 Rule of Law Report. 

Expresso (2023), TC Only a third of the statements of politicians inspected, 13 January 2023. 

Expresso, Matos Fernandes, former Environment Minister, hired by Abreu Advogados’ institute, 12 
July 2022. 

Global Alliance of National Human Rights Institutions (GANHRI), Sub-Committee on Accreditation 
(SCA) (2017), Accreditation Report – November 2017. 

GRECO (2022), Fourth Evaluation Round  – Second Compliance Report on Portugal on preventing 
corruption in respect of members of parliament, judges and prosecutors. 

High Council for the Administrative and Tax Courts (2022), Annual Report 2021. 

High Council for the Administrative and Tax Courts (2023), Contribution from the High Council for 
the Administrative and Tax Courts for the 2023 Rule of Law Report. 

High Council for the Judiciary (2023), 2022 Annual Report. 

High Council for the Judiciary (2023), Information No. 76/20223, of 29 March 2023. 

International  Press  Institute  (2023),  Press  Release  ‘Portugal:  Acquittal  of  journalists  represents 
important legal victory for press freedom’.  

Journalists’ Professional License Committee (2023), Press release of 23 February 2023. 

Journalists’ Professional License Committee (2021), Complaint to the President of the Republic and to 
the  Ombudsperson  of  30  June  2021  https://jornalistas.eu/art-6-da-carta-dos-direitos-da-era-digital-
decisao-do-presidente-da-republica-confirma-duvidas-do-sj/. 

Journalists Union (2023), Press Release of 8 April 2023. 

Journalists Union (2023), Press release of 15 March 2023. 

Journalists Union (2023), Press release of 13 February 2023. 

Journalists Union (2021), Press release of 9 June 2021. 

27 

 
Judges Union (2022), Administrative and Tax Justice – Quality and celerity: Stalemates and Solutions. 

Lusa  (2023),  Questionnaire  for  government  officials  is  not  an  elimination  test,  reinforces  Mariana 
Vieira da Silva, 24 January 2023. 

Lusa (2022), BES case instruction postponed to January, 24 November 2022. 

Magistrats  Européens  pour  la  Démocracie  et  les  Libertés  (2023),  Contribution  from  Magistrats 
Européens pour la Démocracie et les Libertés (MEDEL) – Portugal for the 2023 Rule of Law Report. 

Ministerial Implementing Order No. 155-B/2023 of 6 June 2023. 

Ministry of Justice (2023), Press release of 20 February 2023. 

Ministry  of  Justice  (2021),  2020-2024  National  Anticorruption  Strategy  ENAC010421.pdf 
(justica.gov.pt). 

Observador (2023), Marcelo: ‘It is obvious that questionnaire applies’ to current rulers.  

Observador (2023), Government, Presidency and Parliament refuse to say how much it cost for five 
politicians to travel to Qatar on Falcon and commercial flights. Governo, Presidência e Parlamento 
recusam  dizer  quanto  custou  a  ida  de  cinco  políticos  ao  Qatar  no  Falcon  e  em  voos  comerciais  – 
Observador. 

Observador (2023), Judges signal waste of work and money with new allocation of cases. 

Observador (2022), Manuel  Pinho  and  Ricardo  Salgado  accused  of  corruption. António  Mexia  and 
João Manso Neto continue to be investigated Manuel Pinho e Ricardo Salgado acusados de corrupção. 
António Mexia e João Manso Neto continuam a ser investigados – Observador. 

OECD (2023), Contribution from the OECD for the 2023 Rule of Law Report. 

OECD  (2022),  Implementing  the  OECD  Anti-Bribery  Convention  Phase  4  Report:  Portugal 
Implementing the OECD Anti-Bribery Convention in Portugal: Phase 4 Report. 

Platform of Development Non-Governmental Organisations (2023), Contribution from the Platform of 
Development Non-Governmental Organisations for the 2023 Rule of Law Report. 

Público (2023), Half of Jamila Madeira's income statements to the TC without… income, 18 January 
2023. 

Público  (2023),  Standstill  in  the  selection  of  judges:  President  of  the  Constitutional  Court  admits 
targeted constitutional revision, 23 March 2023. 

Público (2022), PSD deputy manages credit recovery company in violation of the law, 1 November 
2022. 

Público (2022), Three years later, Transparency Entity will have temporary facilities by the end of the 
year  Entidade  da  Transparência  vai  ter  instalações  provisórias  até  ao  final  do  ano  |  Transparência  | 
PÚBLICO (publico.pt).  

Portuguese Government (2023), Input from Portugal for the 2023 Rule of Law Report. 

Portuguese  Government  (2022),  National  Anti-Corruption  Strategy  2020-2024  ENAC010421.pdf 
(justica.gov.pt). 

Portuguese Government (2022), Programme of Government 2022-2026. 

Public Prosecution (2022), Press release ‘Espírito Santo Indictments’, 21 July 2022.  

Reporters without Borders – Portugal https://rsf.org/en/country/portugal.  

RTP (2021), Report on the Fulfilling of the Public Service Obligations and Strategic Project. 

SicNoticias  (2023),  Scrutiny  mechanism:  Government  approves  '34-question  questionnaire'  for  new 
members, 12 January 2023. 

28 

 
Annex II: Country visit to Portugal 

The Commission services held virtual meetings in February 2023 with: 

  Bar Association 
  Central Department of criminal action and investigation (DCIAP) 
  Constitutional Court 
  Council for the Prevention of Corruption  
  Court of Audit 
  Criminal Police 
  GPEARI  –  Gabinete  de  Planeamento,  Estratégia,  Avaliação  e  Relações  Internacionais 

ICNOVA – Nova University of Lisbon 
Inspectorate-General of Finance 
Journalists’ Professional License Committee  
Judges Union (ASJP) 

Ministério das Finanças 
  Gulbenkian Foundation 
  High Council for the Administrative and Tax Courts 
  High Council for Public Prosecution 
  High Council for the Judiciary 
 
 
 
 
  Media Authority – Regulatory Entity for Social Communication 
  Ministry of Culture 
  Ministry of Foreign Affairs 
  Ministry of Justice 
  National Anti-Corruption Mechanism 
  Observatory of Economy and Fraud Management  
  Office of the Prosecutor General 
  Office of the Ombudsperson 
  Platform of NGOD 
  Prosecutors Union (SMMP) 
  RTP – Radio and Television of Portugal 
  Secretariat General of the Presidency of the Council of Ministers 
  Services of the Assembly of the Republic 
  Supreme Administrative Court 
  Supreme Court of Justice 
  Transparency International – Portugal  
  Union of Judicial Administrative Officials 
  UTAIL - Technical Unit for Legislative Impact Assessment 

* The Commission also met the following organisations in a number of horizontal meetings:  

  ALDA (European Association for Local Democracy) 
  Amnesty International  
  Civil Liberties Union for Europe  
  Civil Society Europe 
  Culture Action Europe  
  European Centre for Press and Media Freedom  
  European Civic Forum  
  European Federation of Journalists  
  European Partnership for Democracy  
  European Youth Forum  

29 

 
 
ILGA Europe  
International Commission of Jurists 
International Federation for Human Rights (FIDH)  
International Planned Parenthood Federation European Network 
International Press Institute  

  Free Press Unlimited 
  Front Line Defenders 
 
 
 
 
 
  JEF Europe  
  Osservatorio Balcani e Caucaso Transeuropa 
  Philea  
  Reporters Without Borders  
  SOLIDAR 
  Transparency International EU 

30