COMMISSION STAFF WORKING DOCUMENT 2024 Rule of Law Report Country Chapter on the rule of law situation in Portugal Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2024 Rule of Law Report The rule of law situation in the European Union
Date: 2024-07-24
Institutions: European Commission, Secretariat-General
Subjects: Portugal, administrative transparency, corruption, democracy, freedom of the press, independence of the judiciary, infringement of EU law, pluralism in the media, rule of law, whistleblowing

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 24.7.2024  SWD(2024) 822 final  COMMISSION STAFF WORKING DOCUMENT 2024 Rule of Law Report      Country Chapter on the rule of law situation in Portugal Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS 2024 Rule of Law Report              The rule of law situation in the European Union {COM(2024) 800 final} - {SWD(2024) 801 final} - {SWD(2024) 802 final} - {SWD(2024) 803 final} - {SWD(2024) 804 final} - {SWD(2024) 805 final} - {SWD(2024) 806 final} - {SWD(2024) 807 final} - {SWD(2024) 808 final} - {SWD(2024) 809 final} - {SWD(2024) 810 final} - {SWD(2024) 811 final} - {SWD(2024) 812 final} - {SWD(2024) 813 final} - {SWD(2024) 814 final} - {SWD(2024) 815 final} - {SWD(2024) 816 final} - {SWD(2024) 817 final} - {SWD(2024) 818 final} - {SWD(2024) 819 final} - {SWD(2024) 820 final} - {SWD(2024) 821 final} - {SWD(2024) 823 final} - {SWD(2024) 824 final} - {SWD(2024) 825 final} - {SWD(2024) 826 final} - {SWD(2024) 827 final} - {SWD(2024) 828 final} - {SWD(2024) 829 final} - {SWD(2024) 830 final} - {SWD(2024) 831 final}  
 
 
ABSTRACT 

Efficiency  in  dealing  with  civil  and  commercial  cases  has  continued  to  improve,  and  new 
measures aimed at strengthening the functioning of Administrative and Tax Courts have been 
implemented and more efforts are underway to address remaining challenges. Transparency 
in  the allocation of cases  has been significantly  strengthened, with  a new electronic system 
being  effectively  implemented.  Some  steps  have  been  taken  to  ensure  adequate  human 
resources  for  the  justice  system,  while  serious  concerns  remain,  in  particular  regarding  the 
shortage  of  legal  clerks.  There  are  challenges  regarding  the  adequacy  of  general  criminal 
procedure  legislation  to  efficiently  deal  with  complex  criminal  procedures,  and  the 
Government is taking initiatives to address the matter. High-visibility criminal cases have led 
to public discussions. The use of digital technologies by courts is widespread and continues 
to be encouraged. A new multiannual plan for the renovation of court buildings is in place, 
while concerns regarding court and prosecution premises emerged. 

The Government adopted the new Anti-Corruption Agenda. The Anti-Corruption Mechanism 
has taken up the majority of its tasks. Corruption cases are being investigated as a matter of 
priority and steps were taken to ensure sufficient resources for preventing, investigating, and 
prosecuting  corruption.  New  legislation  on  revolving  doors  introduced  stricter  penalties.  A 
new  Code  of  Conduct  applicable  to  the  Government  and  high-level  officials  was  adopted. 
There was some further progress in relation to ensuring effective monitoring and verification 
of  asset  declarations  by  the  Transparency  Entity.  The  legal  framework  for  political  party 
financing  has  come  under  public  scrutiny.  The  Government  announced  plans  to  regulate 
lobbying  through  the  creation  of  a  transparency  regime  and  a  Code  of  Conduct.  While  the 
current  legislative  framework  regarding  whistleblower  protection  is  being  efficiently 
implemented, the strengthening of the protection of whistleblowers in cases of corruption was 
announced.  Concerns  regarding  the  transparency  of  decision-making  in  public  procurement 
remain. 

The Media Regulatory Authority further consolidated its central role, having been attributed 
new powers on state advertising. There have been no changes to the legislative framework in 
place  concerning  transparency  of  media  ownership,  but  a  specific  high-profile  case  has 
triggered discussion. Public service media continues to  face financial difficulties due to  the 
lack  of  updating  of  the  audiovisual  tax.  Tax  incentives  to  encourage  the  subscription  of 
written  media  had  a  positive  effect,  but  there  are  calls  for  structural  measures.  Precarious 
working conditions for journalists continue to be a concern and instances of threats and abuse 
to journalists in the exercise of their profession have increased. 

New  steps  have  been  taken  to  improve  the  transparency  of  law-making  and  the  quality  of 
legislation, while the regulation of impact assessment is still pending. Due to the dissolution 
of Parliament and early termination of the legislature, the revision of the Constitution was not 
finalised. The Office of the Ombudsperson continues to perform its functions effectively and 
its  autonomy  is  ensured.  The  civil  society  space  continues  to  be  considered  as  open.  There 
were  further  improvements  regarding  access  to  financing  for  civil  society  organisations, 
although challenges remain. 

1 

 
RECOMMENDATIONS 

Overall,  concerning  the  recommendations  in  the  2023  Rule  of  Law  Report,  Portugal  has 
made:  

•  Some  progress  on  continuing  efforts  to  ensure  adequate  human  resources  of  the  justice 
system, in particular regarding non-judicial staff, and some further progress in improving 
its efficiency, in particular of Administrative and Tax Courts.  

•  Significant  further  progress  on  continuing  efforts  to  strengthen  the  transparency  of 
allocation  of  cases,  in  particular  by  monitoring  the  implementation  of  the  new  rules  on 
electronic allocation.  

•  Some  further  progress  on  continuing  to  ensure  sufficient  resources  for  preventing, 
investigating  and  prosecuting  corruption,  including  for  the  new  Anti-Corruption 
Mechanism. 

•  Some  further  progress  on  ensuring  the  effective  monitoring  and  verification  of  asset 

declarations by the Transparency Entity. 

•  Some  further  progress  in  finalising  the  reforms  to  improve  the  transparency  of  law-

making, particularly on the implementation of impact assessment tools. 

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

•  Step  up  efforts  to  ensure  adequate  human  resources  of  the  justice  system,  in  particular 
regarding  judicial  clerks,  and  continue  efforts  to  improve  its  efficiency,  in  particular  of 
Administrative and Tax Courts. 

•  Take  measures  to  ensure  the  adequacy  of  the  general  criminal  procedure  legislation  to 

efficiently deal with complex criminal proceedings. 

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

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

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

Entity.  

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

implementation of impact assessment tools. 

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 
both the general public and companies. Overall, 53% of the general population and 44% of 
companies perceive the level of independence of courts and judges to be ‘fairly or very good’ 
in  20242.  Judicial  independence  as  perceived  by  the  general  public  has  increased  in 
comparison  with  2023  (49%),  as  well  as  in  comparison  with  2020  (40%).  The  perceived 
judicial  independence  among  companies  has  slightly  decreased  in  comparison  with  2023 
(45%), as well as in comparison with 2020 (45%)3. 

There has been significant further progress to strengthen the transparency of allocation 
of cases, as the new electronic system is being effectively implemented. The 2023 Rule of 
Law Report recommended to Portugal to ‘[c]ontinue efforts to strengthen the transparency of 
allocation  of  cases,  in  particular  by  monitoring  the  implementation  of  the  new  rules  on 
electronic  allocation’4.  The  implementing  regulation  of  the  new  system  of  electronic 

1   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 51 and 53, 2024 EU Justice Scoreboard, and Figures 50 and 52, 2022 EU Justice Scoreboard. The 
level  of  perceived  judicial  independence  is  categorised  as  follows:  very  low  (below  30%  of  respondents 
perceive judicial independence as fairly good and very good); low (between 30-39%), average (between 40-
59%), high (between 60-75%), very high (above 75%). 

3   51% of the companies in Portugal are either fairly or very confident that their investments are protected by 
the  law  and  courts  in  the  Member  State.  29%  of  the  surveyed  companies  see  the  quality,  efficiency  or 
independence of justice as one of the main reasons for concern about investment protection in the country. 
Figures 55 and 56, 2024 EU Justice Scoreboard.  

4  2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 2. The 2022 Rule of 
Law  Report  had  also  recommended  to  Portugal  to  ‘Continue  the  efforts  to  strengthen  the  transparency  of 
allocation of cases’ (2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 
2). In the 2023 Rule of Law Report, the Commission concluded that significant progress was made on the 
recommendation. 

3 

 
 
allocation of cases, applicable both in ordinary and administrative and tax courts5, required an 
evaluation of the system within six months of its full operationalisation6. The evaluation was 
completed  and  presented  in  July  20247.  The  new  electronic  system  is  being  effectively 
implemented  and,  although  stakeholders  have  not  been  involved  in  the  evaluation, 
stakeholders do not report concerns regarding the transparency of case allocation8. However, 
challenges  remain  regarding  the  excessive  burden  for  courts,  particularly  as  judges9  and 
prosecutors10 have to be present in the room while the judicial officials electronically allocate 
cases, even though they do not influence the actual allocation and do not perform any formal 
control over it11. As the application of the system of allocation of cases is  being effectively 
implemented there has been significant further progress on the recommendation made in the 
2023 Rule of Law Report.  

The  High  Council  for  the  Judiciary  continues  to  call  for  changes  to  the  legislative 
framework governing its organisation and functioning. As mentioned in the 2023 Rule of 
Law  Report12,  the  High  Council  for  the  Judiciary  submitted  to  the  Ministry  of  Justice,  in 
2022, a proposal for the revision of the regime governing its organisation and functioning13. 
The proposed amendments are deemed necessary to better allow the Council to exercise its 
functions as the administrative body of courts, also in light of the changes to the functioning 
and powers of the Council introduced by the new Statute of Judges, which came into force in 
202014.  Despite  reminders  by  the  Council15,  the  Ministry  of  Justice  did  not  initiate  any 
process to address the proposed amendments16. Regarding the proposal from the Council to 
regulate  ‘revolving  doors’  in  the  judiciary,  following  its  transmission  to  the  Ministry  of 
Justice  in  March  202317,  there  have  been  no  further  developments  at  Government  level18. 

5   In  force  since  May  2023,  see  2023  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in 

Portugal, pp. 3-4. 

6   Art.  7,  Portaria  No.  86/2023,  of  27  March,  amending  the  rules  relating  to  the  distribution,  by  electronic 

means, of cases in judicial courts and in administrative and tax courts. 

7   At the request of the Ministry of Justice, the evaluation was publicly presented on 15 July 2024 by the CES - 

Centre for Social Studies of the University of Coimbra.  

8   Information received from the High Council for the Judiciary and from the Judges Union in the context of 

the country visit to Portugal. 

9   Information received from the High Council for the Judiciary, the Supreme Court of Justice and the Judges 

Union in the context of the country visit to Portugal. 

10   High Council for Public Prosecution, Information Bulletin No. 16/2023, p. 6. 
11   Concerns have also been raised regarding the fact that the parameters of the allocation algorithm have not 
been disclosed (Information received from the High Council for the Judiciary in the context of the country 
visit to Portugal). 

12   2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 4. 
13   As established by Law No. 36/2007, of 14 August. 
14   Among  others,  the  proposal  suggests  amendments  to  the  internal  organisation  of  the  Council,  with  the 
creation of a Directorate for Data Protection Services and the redefinition of the Directorate for Information 
Technology Services, as well as the restructuring of the existing internal organisation. A revised version of 
the proposal was submitted to the Ministry of Justice in August 2023. See Proposal for the revision of Law 
36/2007,  of  14  August,  establishing  the  regime  governing  the  organisation  and  functioning  of  the  High 
Council  for  the  Judiciary,  of  11  July  2023,  and  contribution  from  European  Network  of  Councils  for  the 
Judiciary (ENCJ) for the 2024 Rule of Law Report, p. 34. 

15   Ibidem. 
16   The  High  Council  for  the  Judiciary  does  not  have  legislative  initiative.  However,  the  Government  is 
currently reviewing policy in this regard. Information received from the High Council for the Judiciary in the 
context of the country visit to Portugal. 

17   2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 4. Contribution from 

European Network of Councils for the Judiciary (ENCJ) for the 2024 Rule of Law Report, p. 14. 

4 

 
 
However,  the  Government  is  currently  reviewing  policy  in  this  regard.  Regarding  the 
composition of the High Council for the Judiciary and of the High Council for Administrative 
and  Tax  Courts,  in  December  2023,  the  Council  of  Europe’s  Group  of  States  Against 
Corruption  (GRECO)  recalled  their  recommendation  to  Portugal  that  not  less  than  half  the 
members  of  the  Council  for  the  Judiciary,  as  well  as  of  the  Council  for  the  Administrative 
and Tax Courts, should be judges chosen by their peers19. In this respect, the authorities have 
reiterated  that  there  are  other  legislative  safeguards,  beyond  the  composition  of  the  two 
councils, that sufficiently ensure their independence20. As mentioned in the 2022 Rule of Law 
Report21, the High Council for Administrative and Tax Courts and the High Council for the 
Judiciary are not composed by a net majority of judges elected by their peers, but the latter is 
currently de facto composed by a majority of judges, as the President of the Republic, who is 
entitled to appoint two members, also appointed a judge22. GRECO has requested Portugal to 
report on the progress of this recommendation by the end of 202423. It is recalled that, in line 
with European standards, not less than half the members of judicial councils should be judges 
chosen by their peers from all levels of the judiciary and with respect for pluralism inside the 
judiciary24. 

High-visibility criminal investigations have led to public discussions regarding the work 
of the public prosecution. Following the announcement of criminal investigations involving 

18   The Government is currently reviewing policy in this regard. 
19   This recommendation was addressed in 2015  – see GRECO Fourth Evaluation Round – Evaluation Report 
Portugal, recommendation vi, i), recalled in GRECO Fourth Evaluation Round  – Third interim compliance 
report, paras. 36-40. See also Figure 57, 2024 EU Justice Scoreboard. 

20   These  include:  (i)  the  President  and  the  Vice-President  of  the  Councils  are  judges;  (ii)  the  direction  and 
management of the Councils’ services are ensured by a judge secretary; (iii) the members of the Councils are 
assisted  by  a  Cabinet  composed  of  a  chief  of  staff  and  four  advisors,  all  of  them  judges  and  (iv)  the 
inspectorate  of  the  Councils’  inspection  services  is  composed  exclusively  by  judges.  See  GRECO  Fourth 
Evaluation Round – Third interim compliance report, para. 38. 

21   2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, pp. 5-6.  
22   There  are  seven  judges  elected  by  their  peers,  in  addition  to  one  judge  who  an  ex  officio  member  of  the 
Council  (the  President  of  the  Supreme  Court)  and  one  judge  currently  appointed  by  the  President  of 
Republic. The High Council for the Judiciary is composed of the President of the Supreme Court of Justice 
(who  also  chairs  the  Council),  two  members  appointed  by  the  President  of  the  Republic,  seven  members 
elected  by  Parliament,  and  seven  judges  elected  by  their  peers  in  accordance  with  the  principle  of 
proportional representation. Currently, the High Council for the Judiciary is composed of eight lay members 
and nine members who are judges.  
The  High  Council  for  Administrative  and  Tax  Courts  is  composed  of  the  President  of  the  Supreme 
Administrative  Court  (who  also  chairs  the  Council),  two  members  appointed  by  the  President  of  the 
Republic, four members elected by Parliament and four judges elected by their peers in accordance with the 
principle of proportional representation. See also 2020 Rule of Law Report, Country Chapter on the rule of 
law situation in Portugal, p. 2. 

23   GRECO Fourth Evaluation Round – Third interim compliance report, para. 83. 
24   Recommendation  CM/Rec(2010)12  of  the  Committee  of  Ministers  of  the  Council  of  Europe,  para.  27. 
According  to  the  Venice  Commission,  while  judges  may  make  up  half  or  the  majority  of  a  council,  the 
parameters  set  out  in  Recommendation  CM/Rec(2010)12  are  only  met  if  these  members  were  elected  by 
their peers, and not if some of these judges are members ex officio (CDL-AD(2020)035, para. 44) See also 
CCJE, Opinion No. 24 (2021) on the evolution of the Councils for the Judiciary and their role in independent 
and  impartial  judicial  systems,  para.  29;  Opinion  No.  10(2007)  of  the  Consultative  Council  of  European 
Judges (CCJE) to the attention of the Committee of Ministers of the Council of Europe on the Council for 
the Judiciary at the service of society, of 23 November 2007, paras. 15 ff. 

5 

 
 
public  office  holders25,  public  discussions  emerged  regarding  the  work  of  the  public 
prosecution, including critical remarks by politicians26. Criticism27 was particularly directed 
at publicising investigations and individual criminal probes before an indictment decision28. 
While prosecutors  welcomed the public debate29, they warned that the public criticism was 
mostly based on individual decisions and could be perceived by magistrates as an attempt to 
influence  their  work30.  Moreover,  whereas  no  formal  proposals  have  been  presented,  there 
have been public calls for a reform of the public prosecution31, and stakeholders have raised 
concerns that individual cases may be instrumentalised and lead to reforms aiming at limiting 
the autonomy of the public prosecution, with the risk of tampering with the functioning of the 
justice  system32.  The  Bar  Association  also  raised  concerns  regarding  the  impact  of  public 
discussions  on  ongoing  cases33.  Leaks  of  information  protected  by  secrecy  of  justice  in 
ongoing  investigations  have  also  led  the  President  of  the  Republic  to  call  for  a  reflection 
concerning the reform of criminal justice34. In June 2024, two parliamentary groups requested 
the summoning of the Prosecutor General to provide information before Parliament35. In line 
with  European  standards,  ‘states  should  take  appropriate  measures  to  ensure  that  public 
prosecutors  are  able  to  perform  their  professional  duties  and  responsibilities  without 
unjustified  interference’,  while  ‘the  public  prosecution  should  account  periodically  and 
publicly  for  its  activities  as  a  whole  and,  in  particular,  the  way  in  which  its  priorities  [a]re 
carried out’36. 

25   Including,  in  particular,  members  of  the  Central  Government  (Cabinet  of  the  Prosecutor  General,  Press 
release of 7 November 2023) and of the Government of the Autonomous Region of Madeira (Cabinet of the 
Prosecutor General, Press release of 16 February of 2024).  

26   Contribution  from  Magistrats  Européens  pour  la  Démocracie  et  les  Libertés  (MEDEL)  –  Portugal  for  the 
2024  Rule  of  Law  Report,  p.  12.  See  also  RTP,  ‘After  political  crises.  Multiple  critics  to  the  public 
prosecution’, 16 February 2024. 

27   RTP, ‘Public prosecution. Union considers critics to Prosecutor General unjustified.’, 13 November 2023. 
28   Following the announcement by the Cabinet of the Prosecutor General of suspicions of the involvement of 
the  Prime  Minister  in  facts  being  investigated,  the  Prime  Minister  announced  his  resignation,  which  was 
accepted by the President of the Republic on 7 December 2023, who subsequently decided to dissolve the 
Parliament. The facts remain under investigation, and there has been no formal indictment. 

29   Diário de Notícias, ‘Scrutiny of Prosecution? Some call for Prosecutor General to be heard on report that is 

already mandatory’, 4 January 2024. 

30   Information received from the Office of the Prosecutor General, the Prosecutors Union and Judges Union in 
the context of the country visit to Portugal. See also Prosecutors Union, ‘The political speech and the attacks 
to Prosecution and the Prosecutor General’, 8 January 2024. 

31   While  no  legislative  changes  have  been  proposed,  there  are  public  calls  for  a  reform  of  the  Prosecution 
Service, which have been brought to the attention of the President of the Republic (see RTP, ‘Marcelo meets 
representatives  of  the  manifest  calling  for  justice  reform’,  15  May  2024;  Advocatus,  ‘Manifest  from  50 
sound  names  calls  for  “justice  reform”,  criticises  Prosecutor  General  and  says  that  Prosecution  has 
“uncontrolled power”’, 2 May 2024). 

32   For concerns expressed by the Prosecutor General, see public  communication of the Prosecutor General in 
the XIII Congress of the Prosecutors Union, 29 February 2024; for concerns expressed by the President of 
the Supreme Court of Justice, see Nascer do Sol, ‘President of the Supreme Court of Justice: Corruption is 
installed in Portugal’, 3 November 2023. 

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

p. 129. See also Press release of 15 November 2023. 

34   Eco, ‘Marcelo defends that leaks are ‘important point’ of the reform of the sector’, 24 June 2024. 
35   Público, ‘PAN presents request to summon PG to Parliament. BE; PCP and Livre agree’, 24 June 2024; SIC 

Notícias, ‘BE wants to hear PG in Parliament on the Prosecution activities report’, 24 June 2024. 
36   Recommendation CM/Rec(2000)19 of the Committee of Ministers of the Council of Europe, para. 11. 

6 

 
 
Parliament adopted a new statute of the Bar Association, which introduces changes to 
access  to  the  initial  training  of  lawyers.  On  19  January  2024,  Parliament  adopted  a  law 
amending the Statute of the Bar Association37. The Bar Association has been critical of some 
of  the  changes  introduced,  particularly  those  on  the  organisation  of  the  initial  training  for 
lawyers38,  and  those  affecting  the  definition  of  acts  reserved  to  lawyers39.  Whereas  the 
President  of  the  Republic  had  vetoed  the  amendments40,  these  were  ultimately  adopted  by 
Parliament and is already in force41. In relation to concerns regarding the respect for lawyers’ 
legally  recognised  rights  and  privileges  referred  to  in  the  2023  Rule  of  Law  Report42,  the 
Council of Bars and Law Societies of Europe reported new instances where such rights and 
privileges had been denied by public officials43. Moreover, the Bar Association  is  aware of 
cases  of  threats  to  lawyers  and  is  providing  legal  assistance  to  lawyers  who  are  victims  of 
crimes in the exercise of or related to their functions 44. 

Quality  

There  has  been  some  further  progress  in  ensuring  adequate  human  resources  for  the 
justice  system,  while  serious  concerns  remain,  in  particular  regarding  the  shortage  of 
legal clerks. The 2023 Rule of Law Report recommended to Portugal to ‘[c]ontinue efforts to 
ensure  adequate  human  resources  of  the  justice  system,  in  particular  regarding  non-judicial 
staff […]’45. As mentioned in the 2023 Rule of Law Report, the Government opened in 2023 
a  competition  for  the  recruitment  of  200  new  legal  clerks46.  Stakeholders  considered  this 
number insufficient to address the needs identified47, in particular in light of the high number 

37   Law  No.  6/2024,  of  19  January.  Some  of  the  changes  were  introduced  in  the  context  of  Reform  RE-r16: 
‘Reducing restrictions in highly regulated professions’ of the Portuguese Recovery and Resilience Plan (see 
Annex  to  the  Council  Implementing  Decision  on  the  approval  of  the  assessment  of  the  Recovery  and 
Resilience Plan for Portugal, p. 71). See also input from Portugal for the 2024 Rule of Law Report, pp. 4-5. 
38   Reducing  the  training  period  from  18  to  12  months,  eliminating  the  requirement  of  a  final  exam,  and 
establishing  mandatory  remuneration  of  trainee  lawyers  (Contribution  from  Council  of  Bars  and  Law 
Societies of Europe (CCBE) for the 2024 Rule of Law Report, pp. 129-130). 

39   Contribution from Council of Bars and Law Societies of Europe (CCBE) for the  2024 Rule of Law Report, 

p. 129. 

40   President  of  the  Republic,  Press  Releases  of  11  and  13  December  2023. The  reasons  for  the  veto  refer  to 
doubts regarding the provisions governing the training for access to the profession, as well as to the regime 
on the acts reserved to lawyers. 

41   Regarding the concerns raised by the Bar Association, see also 2023 Rule of Law Report, Country Chapter 

on the rule of law situation in Portugal, pp. 6-7. 

42   2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 6. 
43   Contribution from Council of Bars and Law Societies of Europe (CCBE) for the  2024 Rule of Law Report, 

p. 129.  

44   Criminal  cases  involving  arson,  hijack,  attempted  murder,  slander,  defamation,  physical  assault,  forgery, 
offence to a legal person, harm with violence, usurpation of functions and intimidation. Contribution from 
Council of Bars and Law Societies of Europe (CCBE) for the 2024 Rule of Law Report, p. 128. 

45   2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 2. In the 2023 Rule of 

Law Report, the Commission concluded that some progress was made on the recommendation. 

46   2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, pp. 7-8. See also input 

from Portugal for the 2024 Rule of Law Report, p. 2. 

47   The  High  Council  for  the  Judiciary  estimates  the  deficit  of  clerks  to  amount  to  1000  (Contribution  from 
European Network of Councils for the Judiciary (ENCJ) for the 2024 Rule of Law Report, p. 36), whereas a 
deficit of over 500 clerks in prosecution offices is reported (2023 Rule of Law Report, Country Chapter on 
the rule of law situation in Portugal, p. 8). The Union of ‘Funcionários Judiciais’ estimates a deficit of 1800 
clerks,  both  in  courts  and  prosecution  services  (Information  received  from  the  Union  of  ‘Funcionários 
Judiciais’  in  the  context  of  the  country  visit  to  Portugal). The  High  Council  for  the  Judiciary  reports  that 

7 

 
 
 
of expected retirements48. Following the competition, two training sessions were organised49 
for  successful  candidates,  and  they  will  take  on  their  functions  after  the  18-month  training 
period. However, 186 of the 200 candidates have initiated the professional training50, and it is 
reported that over 70 of them have already withdrawn from the training courses51. There are 
currently  over  1100  vacancies  in  first  instance  ordinary  courts52  and  59  vacancies  in  first 
instance  Administrative  and  Tax  Courts  that  have  not  been  filled53.  According  to 
stakeholders, factors contributing to the lack of attractiveness of the profession, such as low 
salaries54,  limited  career  progression  possibilities,  and  high  workload,  played  a  role  in  the 
withdrawals55.  However,  in  May  2024  the  Government  announced  the  recruitment  of  108 
legal clerks to work in the courts, using the reserve that resulted from the previous external 
competition,  held  in  2023.  In  addition,  with  a  view  to  the  entry  of  new  legal  clerks,  an 
extraordinary  recruitment  process  was  opened56,  with  new  legal  clerks  expected  to  join  in 
September 2024. Moreover, whereas in October 2023 the Government presented a proposal 
for a new statute of legal clerks and initiated discussions with trade unions57, the revision was 
halted due to the dissolution of Parliament announced in November 2023. Consultations with 
the trade unions have resumed under the new legislature. The revision of the current statute 
for legal clerks is under way and authorities expect it to be finalised by the end of 2024 or 
beginning of 2025. Stakeholders consider that the deficit of legal clerks significantly impacts 
the efficiency and quality of the justice system58, and that this impact was intensified by the 
successive  strikes  since  January  202359.  Stakeholders  also  continue  to  raise  concerns 

there  are  instances  of  courts  where  the  rate  of  vacant  posts  is  above  60%  (Information  received  from  the 
High Council for the Judiciary in the context of the country visit to Portugal). 

48   It  is  estimated  that  390  clerks  will  retire  in  2024  (Information  received  from  the  Union  of  ‘Funcionários 
Judiciais’  in  the  context  of  the  country  visit  to  Portugal).  The  average  age  of  legal  clerks  is  over  50 
(Contribution  from  European  Network  of  Councils  for  the  Judiciary  (ENCJ)  for  the  2024  Rule  of  Law 
Report, p. 36). 

49   In September and December 2023. 
50   Information received from the Ministry of Justice in the context of the country visit to Portugal. 
51   Information  received  from  the  Union  of  ‘Funcionários  Judiciais’  in  the  context  of  the  country  visit  to 
Portugal. See also Público, ‘One third of the new legal clerks have dropped out after less than six months’, 
12 February 2024. 

52   Over 15% of the posts foreseen in the staff map. In several judicial circles,  over 25% of the posts remain 

vacant. Situation on 27 February 2024. Ministry of Justice, Staff map. 

53   Over 17% of the posts foreseen in the staff map. Situation on 27 February 2024. Ministry of Justice, Staff 

map. 

54   The gross salary at entry level was increased to EUR 915,47.  
55   Information received from the Union of ‘Funcionários Judiciais’ and the Union of ‘Oficiais de Justiça’ in the 
context of the country visit to Portugal. See also ‘National Enquiry on the Work and Living Conditions of 
Legal Clerks in Portugal’. 

56   The deadline for candidates to submit applications was 5 July 2024. 
57   Ministry  of  Justice,  Press  release  ‘Statute  proposal  increases  remuneration  of  legal  clerks’,  of  2  October 
2023.  Trade  unions  were  critical  of  the  proposal,  and  the  High  Council  of  the  Judiciary  raised  concerns 
regarding some aspects of the proposal (Contribution from European Network of Councils for the Judiciary 
(ENCJ) for the 2024 Rule of Law Report, p. 36). 

58   Information received from the High Council for the Judiciary, High Council for the Administrative and Tax 
Courts,  High  Council  for  the  Public  Prosecution,  Judges  Union,  Prosecutors,  Union  of  ‘Funcionários 
Judiciais’, Union of ‘Oficiais de Justiça’ and Business Roundtable Portugal in the context of the country visit 
to Portugal. See also Jornal de Notícias, ‘Lisbon Court warns of rupture due to lack of clerks’, 23 February 
2023.  

59   The Union of ‘Funcionários Judiciais’ appealed a decision to implement minimum service levels for one of 
the strikes; the case is currently pending before the Lisbon Administrative Court (Case No. 40/2023/DRCT-
ASM).  The  Bar  Association  has  publicly  supported  the  trade  unions  on  their  strikes  (contribution  from 

8 

 
 
 
regarding  the  insufficient  number  of  legal  and  technical  advisers60.  Concerning  judges  and 
prosecutors, new  recruitments  took  place in  202361 and the  evolution  is  deemed positive in 
Administrative and Tax Courts62. However, following complaints presented by first instance 
judges  seeking  promotion  to  second  instance  Administrative  and  Tax  Courts,  the  Supreme 
Administrative Court declared that the High Council for the Administrative and Tax Courts 
violated  the  principles  of  impartiality  and  transparency  in  the  handling  of  the  competition 
procedure,  and  determined  the  annulation  of  the  competition63.  A  deficit  of  prosecutors 
continues  to  be  reported64,  and  there  are  concerns  regarding  the  workload  of  judges  in 
ordinary  courts65.  In  this  context,  it  is  recalled  that,  according  to  European  standards,  a 
sufficient  number of judges and  appropriately  qualified support staff should  be allocated to 
the courts66. Overall, while the Government is currently reviewing policy in this regard, there 
has been some further progress on this part of the recommendation made in the 2023 Rule of 
Law Report. 

A new multiannual plan for the renovation of court buildings is in place, while concerns 
regarding working conditions and security in court and prosecution premises emerged. 
The Government has adopted the ‘Multi-annual plan for investment in the Justice area 2023-
2027’67,  which  envisages  multiple  investments  into  the  maintenance  and  renovation  of 
buildings  used  by  courts  and  other  justice  services68.  As  this  plan  does  not  cover  all  court 

Council of Bars and Law Societies of Europe (CCBE) for the 2024 Rule of Law Report, p. 129). See also 
2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 5. 

60   Information received from the High Council for the Administrative and Tax Courts, the Supreme Court of 
Justice  and  the  Office  of  the  Prosecutor  General  in  the  context  of  the  country  visit  to  Portugal.  See  also 
contribution  from  Magistrats  Européens  pour  la  Démocracie  et  les  Libertés  (MEDEL)  –  Portugal  for  the 
2024 Rule of Law Report, p. 13. 

61   52  ordinary  court  judges,  31 Administrative  and Tax  Court  judges,  and  52  prosecutors  (TAF)  (input  from 

Portugal for the 2024 Rule of Law Report, p. 2). 

62   Information  received  from  the  High  Council  for  the  Administrative  and  Tax  Courts  and  Supreme 

Administrative Court in the context of the country visit to Portugal. 

63   Supreme Administrative Court, judgment of 6 June 2024, case 02/24.1BALSB, AA v Conselho Suprerior dos 
Tribunais Administrativos e Fiscais. In particular, due to the fact that the jury altered the evaluation criteria 
for promotion after the deadline for the application to the competition had elapsed, and at a stage where the 
submitted  applications  had  already  been  transmitted  to  the  jury.  Pursuant  to  the  judicial  decision,  the 
procedural  acts  performed  so  far  in  the  competition  are  annulled.  In  its  judgment,  the  Supreme 
Administrative  Court  also  ordered  the  evaluation  of  the  candidates  be  repeated  by  a  jury  with  a  different 
composition. Although the Supreme Administrative Court did not assess the existence of fraud, it considered 
that the mere suspicion of the possibility of fraud was sufficient to determine the annulation and substitution 
of the jury. In a separate decision, referring to the same competition, the Supreme Administrative Court also 
decided that the candidates should be granted access to the motivated opinions of the jury, which had been 
initially denied by the High Council for the Administrative and Tax Courts. 

64   The situation is worsened by the high number of retirements and high average age of the new prosecutors 
entering the system (Information received from the High Council for the Public Prosecution in the context of 
the  country  visit  to  Portugal).  Professional  associations  estimate  a  deficit  of  200  prosecutors  (contribution 
from  Magistrats  Européens pour  la  Démocracie  et  les  Libertés  (MEDEL)  –  Portugal for  the  2024  Rule  of 
Law Report, p. 13). A recent study warned of the risk of burnout among prosecutors due to high workload 
(‘Study on the working conditions, professional distress and well-being of public prosecutors’). 

65   Information  received  from  the  Judges  Union  in  the  context  of  the  country  visit  to  Portugal.  The  High 
Council  for  the  Judiciary  has  set  up  an  occupational  health  service  to prevent  health risks  associated  with 
burnout (Contribution from European Network of Councils for the Judiciary (ENCJ) for the 2024 Rule of 
Law Report, p. 46). 

66   Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para. 35. 
67   Resolution of the Council of Ministers No. 119/2023, of 9 October. 
68   Input from Portugal for the 2024 Rule of Law Report, p. 2. 

9 

 
 
buildings, other focused investments into the maintenance and renovation of court buildings 
are  also  envisaged69.  However,  stakeholders  deem  the  envisaged  overall  investments 
insufficient  to  address  all  the  issues  identified70.  Stakeholders  have  also  voiced  concerns 
regarding security in court and prosecution premises71, including those used by the EPPO72. 
Moreover, stakeholders warn that the limited space available in some courts leads to different 
services  sharing  the  same  spaces,  raising  concerns  regarding  the  compliance  with  the  legal 
lawyer-client  communications73. 
obligations 
Challenges regarding the material resources allocated to courts and prosecution services have 
also been raised74. It is noted that the expenditure in the justice system in 2022 decreased in 
relative terms (compared to 2021) and remained average75. According to European standards, 
each state should allocate adequate resources, facilities and equipment to the courts to enable 
them to work efficiently76. 

the  confidentiality  of 

to  safeguard 

the 

The  use  of  digital  tools  continues  to  be  encouraged,  although  some  challenges  remain 
particularly  as  regards  online  access  to  judgments.  According  to  the  2024  EU  Justice 
Scoreboard,  the  use  of  digital  technologies  by  courts  and  prosecution  remains  generally 
widespread77. Digital solutions, which allow to initiate and follow proceedings, are broadly in 
place  for  in  civil,  commercial  and  administrative  cases78,  but  are  more  limited  for  criminal 
cases79. Measures aimed at modernising the IT system for criminal investigation are included 
in the Recovery and Resilience Plan80. Some further challenges remain, particularly regarding 
electronic communication tools in courts81. A new digital platform for procedural acts to be 
performed by magistrates in all instances and jurisdictions (Magistratus) became operational 
in  2023,  and  continues  to  be  improved82.  While  stakeholders  assess  the  functioning  of  the 
new  platform  positively83,  concerns  have  been  raised  regarding  the  fact  that  the  ownership 
and control of the platform, which contains all the procedural data, remains assigned to the 

69   Information received from the Ministry of Justice in the context of the country visit to Portugal. 
70   Contribution  from  European  Network  of  Councils  for  the  Judiciary  (ENCJ)  for  the  2024  Rule  of  Law 

Report, p. 35. 

71   Information received  from the High Council for the Public Prosecution, the Judges Union and Prosecutors 

Union in the context of the country visit to Portugal. 

72   Contribution from European Public Prosecutor's Office for the 2024 Rule of Law Report, pp. 44-45. 
73   Information  received  from  the  High  Council  for  the  Public  Prosecution  and  the  Bar  Association  in  the 

context of the country visit to Portugal. 

74   Contribution  from  European  Network  of  Councils  for  the  Judiciary  (ENCJ)  for  the  2024  Rule  of  Law 
Report,  p.  35;  contribution  from  Magistrats  Européens  pour  la  Démocracie  et  les  Libertés  (MEDEL)  – 
Portugal for the 2024 Rule of Law Report, p. 13. 
75   Figures 33 and 34, 2024 EU Justice Scoreboard. 
76   Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para. 33. 
77   Figures 43, 44, 46 and 47, 2024 EU Justice Scoreboard. 
78   Figure 47, 2024 EU Justice Scoreboard. 
79   Figure 48, 2024 EU Justice Scoreboard. 
80   Annex  to  the  Council  Implementing  Decision  on  the  approval  of  the  assessment  of  the  Recovery  and 

Resilience Plan for Portugal, p. 162. 

81   Figure  45,  2024  EU  Justice  Scoreboard.  Challenges  also  remain  regarding  arrangements  for  producing 

machine-readable judicial decisions. Figure 50, 2024 EU Justice Scoreboard. 

82   Its operationalisation was accompanied by training of magistrates (Input from Portugal for the 2024 Rule of 
Law  Report,  p.  6).  See  also  2023  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in 
Portugal, p. 8. 

83   Information  received  from  the  High  Council  for  the Administrative  and  Tax  Courts  in  the  context  of  the 

country visit to Portugal. 

10 

 
 
Ministry of Justice84. A new platform allowing lawyers to access the digital platforms used in 
common  and  Administrative  and  Tax  Courts  was  also  operationalised  (eTribunal),  but  full 
interoperability  of  the  platform  with  others  is  still  to  be  ensured85.  While  new  databases, 
including  for  decisions  with  European  Case  Law  Identifier  (ECLI),  have  been  created86, 
online  access  to  judgments  remains  limited,  especially  for  first  instance  decisions87.  The 
publication of all judicial decisions is listed as a priority in the new Anti-corruption Agenda, 
adopted  in  June  202488.  A  GRECO  recommendation  in  this  regard  remains  only  partially 
implemented89.  

Efficiency 

There has been some further progress in increasing the efficiency of Administrative and 
Tax  Courts  as  new  measures  continue  to  be  implemented  and  more  efforts  are 
underway to address remaining challenges.  The 2023 Rule of Law Report recommended 
to  Portugal  to  ‘[c]ontinue  efforts  to  improve  [the]  efficiency  [of  the  justice  system],  in 
particular  of  Administrative  and  Tax  Courts’90.  According  to  the  2024  EU  Justice 
Scoreboard,  the  disposition  time  in  first  instance  Administrative  and  Tax  courts  has  been 
decreasing  since  2020,  while  remaining  comparatively  high,  at  747  days91.  However,  in 
higher instances the disposition time remains among the highest in the EU92, and over 1000 
days are needed to resolve a case in second instance. Despite the high disposition time, the 
clearance rate at first instance remains above 100% and has further increased93. There have 
also  been  improvements  regarding  the  case  backlog  at  first  instance,  although  it  remains 
comparatively high94. As mentioned in the 2023 Rule of Law Report95, a number of measures 
aimed at increasing the efficiency of Administrative and Tax Courts are underway, including 
in  the  context  of  the  Recovery  and  Resilience  Plan96.  In  this  context,  a  temporary  legal 

84   Stakeholders consider that this aspect of ownership and control of the platform by the Ministry of Justice to 
challenge  the principle of  separation  of  powers.  Contribution  from  European  Network  of  Councils  for  the 
Judiciary (ENCJ) for the 2024 Rule of Law Report, p. 36. 

85   Information received from the Bar Association in the context of the country visit to Portugal. See also Input 

from Portugal for the 2024 Rule of Law Report, p. 6. 
86   Input from Portugal for the 2024 Rule of Law Report, p. 6. 
87   Figure 49, 2024 EU Justice Scoreboard. 
88   Portuguese Government, Anti-corruption Agenda, Measure No. 28. 
89   GRECO Fourth Evaluation Round – Third interim Compliance Report, recommendation x, para. 55. 
90   2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 2. In the 2023 Rule of 

Law Report, the Commission concluded that some progress was made on the recommendation. 

91   From 847 in 2021 to 747 days in 2022 (Figure 8, 2024 EU Justice Scoreboard). The long disposition times 
are considered to be a deterrent for individuals and businesses to challenge administrative decisions before 
courts  (Information  received  from  Business  Roundtable Association  in  the  context  of  the  country  visit  to 
Portugal). 

92   From 836 days in 2021 to 1064 days in 2022, for second instance; from 261 days in 2021 to 300 days in 
2022,  in  third  instance  (Figure  9,  2024  EU  Justice  Scoreboard). These  increases  may  be  explained  by  the 
increase in the resolution rate at first instance, as a consequence of the positive work of the rapid reaction 
teams, as well as of the positive trend in filling the existing vacancies in higher courts (information received 
from the Ministry of Justice and from the Supreme Administrative Court in the context of the country visit to 
Portugal; see also 2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 10). 

93   From 107% in 2021 to 112% in 2022 (Figure 12, 2024 EU Justice Scoreboard). 
94   From  0,6  cases  per  100 000  inhabitants  in  2012,  to  0,5  cases  per  100 000  inhabitants  in  2022  (Figure  15, 

2024 EU Justice Scoreboard). 

95   2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 10. 
96   Annex  to  the  Council  Implementing  Decision  on  the  approval  of  the  assessment  of  the  Recovery  and 

Resilience Plan for Portugal, p. 161. 

11 

 
 
regime  to  encourage  in-court  and  out-of-court  settlement  has  been  put  in  place97.  Since 
September  2023,  specialised  chambers  exist  in  second  instance  Administrative  and  Tax 
Courts98, which are expected to lower the current disposition time99. While the creation of a 
new  second  instance  court  has  been  provided  for  by  law100,  its  operationalisation  remains 
pending101. While stakeholders welcome the efforts undertaken to improve the  efficiency of 
these courts and recognise the positive evolution, they continue to call for more resources for 
Administrative and Tax Courts to ensure the consistency of the improvements102. According 
to  European  standards,  the  efficiency  of  the  justice  system  is  a  necessary  condition  for  the 
protection of every person’s rights, legal certainty and public confidence in the rule of law103. 
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 
jurisdictions104.  In light  of the above, there has, overall, been some  further progress  on this 
part of the recommendation made in the 2023 Rule of Law Report. 

The efficiency in dealing with civil and commercial cases has continued to improve. As 
mentioned in the 2023 Rule of Law Report105, efficiency in civil and commercial cases had 
already been improving. In 2022, the disposition time has further decreased in first and third 
instances106,  and  the  clearance  rate  remained  above  100%,  with  the  system  resolving  more 
cases  than  those  incoming107.  The  case  backlog  in  first  instance  has  also  been  decreasing, 
while  remaining  relatively  high108.  The  steady  decrease  of  the  length  of  civil  proceedings 
before first instance courts has been welcomed by the Committee of Ministers of the Council 
of Europe109. 

There  are  concerns  that  general  criminal  procedure  legislation  is  not  tailored  to 
efficiently deal with complex criminal proceedings. As mentioned in the 2023 Rule of Law 

97   Law  No.  30/2023,  of  5  May.  See  Component  18,  TD-C18-r33,  Milestone  18.2,  of  the  Recovery  and 

Resilience Plan for Portugal, and input from Portugal for the 2024 Rule of Law Report, p. 3.  

98   Input from Portugal for the 2024 Rule of Law Report, p. 3. See also Component 18, TD-C18-r33, Milestone 
18.1, of the Recovery and Resilience Plan for Portugal. The use of this legal regime is reported to be low, 
and therefore is not having, at the moment, a relevant impact on the functioning of Administrative and Tax 
Courts (Information received from the High Council for the Administrative and Tax Courts in the context of 
the country visit to Portugal). 

99   Information  received  from  the  High  Council  for  the Administrative  and  Tax  Courts  in  the  context  of  the 

country visit to Portugal. 

100  Input from Portugal for the 2024 Rule of Law Report, p. 3. 
101  The  new  court  will  be  installed  in  Castelo  Branco  (Information  received  from  the  High  Council  for  the 
Administrative  and  Tax  Courts  and  from  the  Ministry  of  Justice  in  the  context  of  the  country  visit  to 
Portugal). 

102  Information received from the High Council for the Administrative and Tax Courts and the Judges Union in 

the context of the country visit to Portugal. 

103  Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para. 30. 
104  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).  

105  2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 9. 
106  Figures 6 and 7, 2024 EU Justice Scoreboard. 
107  Figure 11, 2024 EU Justice Scoreboard. 
108  From  3,5  cases  per  100 000  inhabitants  in  2012,  to  1,7  cases  per  100 000  inhabitants  in  2022.  Figure  14, 

2024 EU Justice Scoreboard. 

109  Committee of Ministers, 1411th DH meeting (14-16 September 2021)  – Notes. In response to the decision 
adopted  by  the  Committee  at  its  last  examination,  which  took  place  in  September  2021,  the  Portuguese 
authorities  submitted  a  revised  action  plan  on  19  October  2022,  which  has  not  yet  been  examined  by  the 
Committee. 

12 

 
 
Report, stakeholders have called for a revision of the criminal procedural law to avoid the use 
of procedural acts for merely dilatory purposes110. Challenges in this regard continue to exist, 
particularly related to complex criminal cases, commonly referred to as ‘mega procedures’111. 
Stakeholders consider that the general criminal procedure legislation is not tailored for such 
complex cases to be dealt with in a timely manner and report recurring instances of abuse of 
procedural acts by the parties, in particular related to the withdrawal or recusal of the judge to 
whom  the  case  has  been  allocated112.  The  delays  resulting  from  dilatory  procedural  acts113 
could  result  in  certain  crimes  becoming  time  barred114.  Moreover,  such  cases  often  attract 
media attention115, leading the public to perceive criminal justice as lengthy116. The President 
of the Supreme Court of Justice publicly advocated for procedural changes to address these 
issues117.  The  United  Nations  Human  Rights  Committee  also  recommended  that  Portugal 
should  reduce  the  length  of  investigations  and  legal  procedures  to  improve  judicial 
efficiency118.  The  Anti-corruption  Agenda  sets  out  the  intention  to  establish  measures  to 
improve  the  efficiency  in  criminal  proceedings119,  which  require  extensive  legislative 
changes120. 

II. 

ANTI-CORRUPTION FRAMEWORK  

The institutional anti-corruption framework in Portugal has undergone major changes in the 
past  years.  The  National  Anti-Corruption  Mechanism  (MENAC),  established  in  2021  and 
operational since 2023, promotes transparency and integrity in public action and ensures the 
effectiveness  of  policies  to  prevent  corruption,  and  is  competent  to  implement  the  General 

110  2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, pp. 4-5.  
111  Information received from the Supreme Court of Justice and the Judges Union in the context of the country 

visit to Portugal. 

112  Pursuant  to  Art.  42  (1)  and  (3),  regarding  withdrawal,  and  Art.  43  of  the  Code  of  Criminal  Procedure, 
regarding recusal. The appeal from the decision of non-withdrawal has suspensive effect. In 2022, out of 118 
recusal  challenges,  only  13  were  admitted  (Reply  from  the  High  council  for  the  Judiciary  to  the  judicial 
independence  questionnaire  distributed  by  the  European  Network  of  Councils  for  the  Judiciary,  February 
2024). 

113  Information received from the Supreme Court of Justice, Judges Union and Prosecutors Union in the context 

of the country visit to Portugal. 

114  See,  e.g.,  Advocatus,  ‘Operação  Marquês.  Court  of  Appeal  rules  on  the  time  barring  of  22  crimes’,  28 

January 2024. 

115  See, e.g., Expresso, ‘3718 days of  Operação Marquês: the long chronology of a complex case that started 
with a mediatic detention at the airport’, 25 January 2024; Observador, ‘Case BES/GES. Hearing of Ricardo 
Salgado and other 18 defendants starts on 28 May’, 16 January 2024. 

116  In  2022,  the  average  length  of  criminal  cases  (trial  phase)  was  8  months,  compared  to  9  in  2021.  Data 

available at: https://estatisticas.justica.gov.pt/sites/siej/pt-pt/Paginas/tribunais.aspx. 

117  Communication  in  the  context  of  the  Inauguration  of  the  2023  Judicial  Year,  10  January  2023.  See  also, 
Nascer do Sol, ‘President of the Supreme Court of Justice: Corruption is installed in Portugal’, 3 November 
2023. 

118  United  Nations  Human  Rights  Committee,  ‘Report  on  follow-up  to  the  concluding  observations  of  the 
Human  Rights  Committee  -  CCPR/C/138/2/Add.3’,  pp.  4-5;  Contribution  from  United  Nations  Human 
Rights Regional Office for Europe (OHCHR) for the 2024 Rule of Law Report, p. 72. 

119  Portuguese Government, Anti-corruption Agenda, Measures No 19, 20 and 21. 
120  These concern, in particular, the improvement of the inquiry phase of criminal procedures, to avoid the use 
of procedural acts for dilatory purposes, the improvement of the appeals regime and the update of the legal 
regime for gathering, preservation and use of electronic evidence. It should also be highlighted that the High 
Council  for  the  Judiciary  developed  a  structure  named ALTEC  aimed  at  supporting  the  handling  of  these 
complex criminal proceedings. In order to be applied, certain non-cumulative conditions must be met (over 
i) 100 defendants/witnesses; ii) 500 transcriptions of wiretaps; and iii) 50 volumes). A team of 2 judges and 
24 other professionals is involved in this project. 

13 

 
 
Corruption  Prevention  Regime,  which  is  applicable  to  public  and  private  entities.  The 
Transparency  Entity121  is  tasked  with  monitoring  and  verifying  declarations  of  assets  and 
interests  of  political  office-holders  and  high-ranking  appointed  officials.  The  Constitutional 
Court is currently responsible for ruling, on appeal, on the fines imposed for breaches to the 
Law  on  the  Financing  of  Political  Parties122.  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 
Police123. 

The perception among experts and business executives is that the level of corruption in 
the  public  sector  remains  relatively  low.  In  the  2023  Corruption  Perceptions  Index  by 
Transparency  International,  Portugal  scores  61/100  and  ranks  12th  in  the  EU  and  34th 
globally124.  This  perception  has  been  relatively  stable  over  the  past  five  years125.  The 2024 
Special  Eurobarometer  on  Corruption  shows  that  96%  of  respondents  consider  corruption 
widespread  in  their  country  (EU  average  68%)  and  61%  of  respondents  feel  personally 
affected by corruption in their daily lives (EU average 27%)126. As regards businesses, 83% 
of  companies  consider  that  corruption  is  widespread  (EU  average  65%)  and  51%  consider 
that corruption is a problem when doing business (EU average 36%)127. Furthermore, 33% of 
respondents find that there are enough successful prosecutions to deter people from  corrupt 
practices (EU average 32%)128, while 22% of companies believe that people and businesses 
caught for bribing a senior official are appropriately punished (EU average 31%)129.   

While the new strategic framework is in preparation, the Government adopted the new 
Anti-corruption  Agenda.  The  National  Anti-Corruption  Strategy  2020-2024  is  being 
implemented  through  its  legal  framework  as  well  as  public  and  private  sector  compliance 
programmes130, backed by financial support131. However, for some civil society organisations 
the effectiveness of the implementation is not clear given the lack of regular evaluations and 

121  Regulation no. 258/2024, of 6 March 2024. 
122  Law 19/2003, of 20 June. 
123  The  UNCC  is  the  specialised  operational  unit  in  charge  of  investigating  corruption  offences  and  related 

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

124  Transparency International, Corruption Perceptions Index 2023 (2024). The level of perceived corruption is 
categorised  as  follows:  low  (the  perception  among  experts  and  business  executives  of  public  sector 
corruption scores above 79); relatively low (scores between 79-60), relatively high (scores between 59-50), 
high (scores below 50). 

125  In 2019 the score was 62, while, in 2023, the score is 61. The score significantly increases/decreases when it 
changes  more  than  five  points;  improves/deteriorates  (changes  between  4-5  points);  is  relatively  stable 
(changes from 1-3 points) in the last five years. 

126  Special Eurobarometer 548 on Citizens’ attitudes towards corruption in the EU (2024). The Eurobarometer 
data  on  citizens’  corruption  perception  and  experience  is  updated  every  year.  The  previous  data  set  is  the 
Special Eurobarometer 534 (2023). 

127  Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024). The Eurobarometer 
data on businesses’ attitudes towards corruption as is updated every year. The previous data set is the Flash 
Eurobarometer 524 (2023). 

128  Special Eurobarometer 548 on Citizens’ attitudes towards corruption in the EU (2024).  
129  Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024).  
130  2022 Rule of Law Report, country chapter on the rule of law situation in Portugal, p. 11.  
131  State  Law  budget  2024  allocated  funds  for  a  project  focusing  on  the  ‘Development  of  the  National Anti-

Corruption Strategy Monitoring Information System’. 

14 

 
 
reporting132. Following the entry into force in June 2023 of the system of penalties for public 
entities  under  the  General  Regime  for  the  Prevention  of  Corruption  (RGPC)133,  the 
monitoring  of  compliance  with  the  relevant  obligations  by  entities  with  inspection  powers, 
remaining  under  MENAC’s  responsibility,  was  reinforced.  A  monitoring  report  on  the 
implementation of the strategy is expected to be prepared by MENAC and published by 30 
November  2024134,  which  is  considered  key  by  stakeholders  to  make  the  new  strategy 
focused  and  relevant135.  A  working  group  created  by  the  Government  for  the  purpose  of 
elaborating  of  the  new  Strategy  2025-2028  is  expected  to  also  consider  a  dedicated  Action 
Plan136  for  its  future  implementation137.  In  April  2024  the  new  Government  presented  its 
programme  that  include  a  number  of  measures  for  both  prevention  and  repression  of 
corruption138.  On  20  June  2024,  the  Government  adopted  the  Anti-corruption  Agenda139, 
which  includes  32  measures  based  on  four  key  pillars:  effective  punishment,  procedural 
speed, public sector protection and prevention. The measures are intended to be implemented 
ahead of the adoption of the new National Anti-Corruption strategy140.  

Some  further  progress  was  achieved  with  regard  to  the  resources  of  the  Anti-
Corruption Mechanism (MENAC), which has taken up the majority of its tasks, while 
there are areas where its competences have not yet been exercised. The 2023 Rule of Law 
Report  recommended  to  Portugal  to  ‘[c]ontinue  efforts  made  to  ensure  sufficient  resources 
[…]  for  the  new  Anti-Corruption  Mechanism’141.  In  2023,  MENAC142  took  over  the 
competences  of  the  former  Council  for  the  Prevention  of  Corruption.  It  is  an  independent 

132  Information  received  from  the  Transparency  International  and  Observatory  of  Economy  and  Fraud 
Management in the context of the country visit to Portugal. Both the  issue of evaluation and reporting are 
expected to be addressed by the new Strategy for the period 2025-2028. Written input from Portugal to the 
2024 Rule of Law Report. 

133  In  the  context  of  the  implementation  of  the  National Anti-Corruption  Strategy,  the  general  regime  for  the 
prevention  of  corruption  and  conflicts  of  interest  imposes  on  private  companies,  public  undertakings  and 
services forming part of the direct and indirect administration of the State, with 50 or more employees, the 
obligation to adopt specific anti-corruption tools. General Regime for the Prevention of Corruption, Annex 
to Decree-Law No. 109-E/2021 of 9 December 2009. 2022 Rule of Law Report, country chapter on the rule 
of law situation in Portugal, p. 13.  

134  Input  from  Portugal  for  the  2024  Rule  of  Law  Report,  p.  11. Article  215  of  the  Law  No  82/2023  of  29 

December. 

135  Público, ‘Anti-corruption measures launched in 2021 have never been assessed’, 21 April 2024. 
136  Information received from the Ministry of Justice in the context of the country visit to Portugal.  
137  As  recommended  by  GRECO.  GRECO  Fifth  Evaluation  Round  –  Evaluation  Report,  para.  41  – 

Recommendation ii. 

138  Programme of the 24th Constitutional Government, pp.78-82.  
139  Portuguese Government, Anti-corruption Agenda. 
140  The  measures  in  the  Anti-corruption  Agenda  include  i.a.  regulating  lobby  activities,  fight  against  illicit 
enrichment, reinforcing the protection of whistleblowers, implementation of risk plans for the State bodies 
and entities, reinforce the use of legal offices of the state, avoiding the  use  of external legal advice  or the 
scrutiny  of  the  decisions  of  the  state  bodies  and  entities  (legislative  footprint).  Público,  ‘Anti-corruption 
package: protection of whistleblowers, fewer resources and more assets reverted to the State’, 20 June 2024. 
The technical report accompanying the agenda was published on 2 July 2024 and is currently undergoing a 
30-day public consultation. Written input from Portugal for the 2024 Rule of Law Report. 

141  2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 2. The 2022 Rule of 
Law Report had also recommended to Portugal to ‘Ensure sufficient resources for preventing, investigating 
and  prosecuting  corruption  including  by  ensuring  the  swift  operationalisation  of  the  New Anti-Corruption 
Mechanism’. In the 2023 Rule of Law Report, the Commission concluded that some progress was made on 
the recommendation. 

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

15 

 
 
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  offences143.  MENAC  is  competent  to  implement  the  General  Corruption 
Prevention  Regime144,  which  is  applicable  to  public  and  private  entities  with  over  50 
employees. During the first year of its activity, MENAC issued a Guide on the Instruments of 
the General Corruption Prevention Regime145 aiming at raising the level of compliance with 
the new rules, which currently the authorities consider to be low146, and adopted the Training 
Plan for integrity, transparency and corruption prevention 2024-2025147. While last year, no 
violations  of  the  rules  guiding  the  General  Corruption  Prevention  Regime  were  found  and, 
consequently, no sanctions were imposed by the Sanctions Committee for breaches148, on 20 
May 2024, the Sanctions Commission decided to open the first investigation procedures for 
breaches  of  the  General  Regime  for  the  Prevention  of  Corruption149.  On  1  February  2024, 
MENAC addressed a recommendation to  the Government  on the need to  adopt  the tools to 
prevent  corruption  risks  and  related  offences150.  In  2023,  MENAC  received  17  reports 
denouncing  corruption151  while  the  online  reporting  channel  started  operating  on  11  June 
2024152.  The  electronic  platform  for  the  reception,  automatic  processing  and  storage  of 
compliance  instruments  is  still  in  the  tendering  process,  but  MENAC  expects  it  to  be 
operational at the end of 2024153. The Transparency Unit of the Presidency of the Council of 
Ministers, acting in its inspection role and as part of the MENAC Advisory Council, carried 
out a prior verification of 49 public entities, regarding the compliance with the requirements 
referred to in article 5 of the General Regime154. Also, a round investigating public entities is 
expected to be carried out by the Advisory Council (composed by the Inspectors-General of 

143  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. 

144  Decree-Law No. 109-E/2021, of 9 December. 
145  This Guide aims to provide general advice to public bodies and private entities, and it is a compliance tool 
aimed at standardisation. It does not discuss different methodological approaches, risks, or shortcomings in 
developing and implementing these compliance instruments. The Instruments of the General Regime for the 
Prevention  of  Corruption:  Some  Indications  and  Explanatory  Notes  on  Methodological  Care  for  the 
Preparation,  Adoption  and  Dynamisation  MENAC.  Available  at:  https://mec-anticorrupcao.pt/wp-
content/uploads/2023/12/guia-n1-2023.pdf.  

146  Information received from  the  Inspectorate-General of Finance (IGF) in the context of the country visit to 

Portugal, in view of the results of the audit work developed in this subject. 

147  Training Plan for integrity, transparency and corruption prevention 2024-2025 of 5 June 2024. 
148  Input from Portugal for the 2024 Rule of Law Report, p. 9. 
149  Written input from Portugal to the 2024 Rule of Law Report. 
150  Recommendation 1/2024.  
151  The number of complaints indicated corresponds to those received at MENAC in traditional ways by email 

and by post. Information received from MENAC in the context of the country visit to Portugal. 

152  Written input from Portugal to the 2024 Rule of Law Report. 
153  Information  received  from  MENAC  in  the  context  of  the  country  visit  to  Portugal.  MENAC 
Recommendation  No  2/2023  on  the  procedures  to  be  followed  by  entities  when  sending  the  instruments 
relating to regulatory compliance programmes to MENAC has already been published in the Official journal 
(Diário  da  República,  2nd  series,  7  July  2023).  MENAC  has  already  received  these  instruments  and  has 
started its analysis and monitoring of compliance in that part of the General Regime for the Prevention of 
Corruption. 

154  As stated in the 2023 Activity Report of the Internal Control System of State Financial Administration, page 

24. 

16 

 
 
the different Ministries) in 2024155. MENAC took up the majority of its tasks, but only in so 
far as the oversight of the implementation of the General Regime156 is concerned. However, 
in  principle  its  mandate  is  more  extensive157  and  there  is  a  need  for  guidance  in  certain 
areas158, including sectoral studies and tailored recommendations159. Therefore, MENAC has 
been  carrying  out  studies,  such  as  the  analysis  of  judicial  decisions  communicated  by  the 
Public Prosecutor's Office and the Courts in 2023, and has also produced recommendations, 
such  as  Recommendation  7/2024  of  28  May  on  the  monthly  monitoring  of  the 
implementation of the instruments of the General Regime for the Prevention of Corruption by 
entities,  and  also  the  Training  Plan  for  Integrity,  Transparency  and  the  Prevention  of 
Corruption  2024-2025160.  All  MENAC  bodies  are  established161,  however  the  recruitment 
procedures  for  the  remaining  13  vacancies  show  that  there  are  some  challenges  to  fill  the 
posts162. For 2024, MENAC has been allocated a budget of EUR 2,55 million (compared to 
EUR 2,1 million for 2023)163. The Anti-corruption Agenda adopted on 20 June 2024 foresees 
restructuring  and  strengthening  of  resources  of  the  MENAC164.  Stakeholders  have  raised 
questions  over  the  capacity  of  MENAC  to  exercise  the  tasks  foreseen  by  its  mandate165.  In 
light  of  these  developments,  some  further  progress  has  been  made  on  the  recommendation 
made in the 2023 Rule of Law Report. 

155  Art.  2,  Decree-Law  No.  109-E/2021,  of  9  December. As  a  result,  codes  of  conduct  and  other  obligations 
apply to entities with more than fifty employees but not to the Government; in accordance with the code of 
conduct  of  the  previous  Government,  approved  in  May  2022,  those  rules  do  not  apply  to  the  Ministers’ 
cabinets.  Council  of  Ministers  Resolution  No.  42/2022,  Approves  the  Code  of  Conduct  of  the  XXIII 
Constitutional Government, Preamble. Written input from Portugal for the 2024 Rule of Law Report. 

156  The  Law  on  Criminal  Policy  for  the  2023-2025  Biennium,  adopted  on  28 August  2023,  makes  a  general 
reference to MENAC but it does not set any priorities, objective or guidelines, for the coordination between 
the preventive work. Law 51/2023 of 28 August 2023. 

157  ‘Creating databases and operating a communication platform that facilitates the exchange of information on 
strategies and good practices for the prevention, detection and repression of corruption and related offences 
between public entities with responsibilities in this domain’. Art. 2 (j) of the Decree-Law no. 109-E/2021, of 
9 December. 

158  Especially in the light of the GRECO recommendation on the need to develop a plan for the prevention of 
risks  of  corruption  specific  to  persons  with  top  executive  functions,  which  should  be  subject  to  regular 
monitoring  by  the  National  Anti-Corruption  Mechanism  (GRECO  Fifth  Evaluation  Round,  para.  48, 
recommendation iv). 

159  Coroado, S. (2022), The new anticorruption law in Portugal: from a failed past into an uncertain  future. La 

Ley compliance penal, 5. 

160  Written input from Portugal for the 2024 Rule of Law Report. 
161  Chair; Vice-President; Advisory Board (composed of 13 members); Monitoring Committee (composed of six 
Inspectors); and Sanctions Commission (four Inspectors). The Sanctions Commission was the last body to be 
established and took office on 2 October 2023. Input from Portugal for the 2024 Rule of Law Report, p. 8. 
162  Out of 27 posts,13 posts are filled, and 14 vacancies remain vacant. Input from Portugal for the 2024 Rule of 
Law Report, p. 8. Overall, the public service in Portugal does not offer attractive conditions of employment 
and  this  issue  has  also  an  impact  on  the  ongoing  recruitment  in  MENAC.  Information  received  from  the 
MENAC in the context of the  country visit to Portugal.  Público, ‘Anti-corruption agency justifies inaction 
with difficulty in recruiting staff’, 21 April 2024. 

163  On  21  July  2023,  MENAC  concluded  a  financing  contract  with  the  Mission  Structure  “RECUPERAR 
PORTUGAL”  for  the  “Economic  Justice  and  the  Environment  of  Business/MENAC”,  falling  under 
Component C18 – Economic Justice and Business Environment, of the Recovery and Resilience Plan (RRP) 
for the development of the monitoring information system of the National Anti-Corruption Strategy.  

164  Portuguese Government, Anti-corruption Agenda, Measure No. 16. 
165  Information  received  from  Transparency  International  and  OBEGEF  in  the  context  of  the  country  visit  to 

Portugal. 

17 

 
 
Some  further  progress  was  made  with  measures  to  ensure  sufficient  resources  for 
preventing,  investigating  and  prosecuting  corruption.  The  2023  Rule  of  Law  Report 
recommended to  Portugal  to  ‘[e]nsure sufficient resources  for preventing, investigating and 
prosecuting  corruption’166.  While  the  issue  of  resources  at  the  level  of  the  police  and 
prosecution services remains a challenge to the prosecution of corruption-related cases, some 
stakeholders  reported  the  first  positive  impact  of  the  measures  on  the  fight  against 
corruption167. Firstly, the recruitment procedures in both the police and the prosecution were 
announced168.  Those  efforts  are  supported  by  the  2024  state  budget  which  foresees  an 
increase of the Justice budget  by EUR 543 million  compared to  2023, with a total  of EUR 
1.961  billion169.  Secondly,  as  a  result,  the  number  of  employed  and  subsequently  trained 
police officers is  increasing170.  On 1 November 2023, the Judiciary Police had 338 persons 
involved  in  corruption-related  investigations  (out  of  overall  1358  employees  involved  in 
investigations)171 and 70 persons in financial, accounting and IT units (in comparison to 43 in 
2019)172.  The  limited  number  of  technical  advisers  continues  to  be  raised  as  a  concern  by 
prosecutors173.  The  issue  of  insufficient  resources  also  concerns  the  adjudication  of 
corruption-related cases174. Overall, various measures ensuring the necessary resources to the 
relevant  authorities  were  announced  and  the  recruitment  and  training  of  the  new  staff  is 
ongoing,  but  the  completion  of  these  processes  initiated  in  2023  will  have  to  be  ensured 

166  2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 2. The 2022 Rule of 
Law Report had also recommended to Portugal to ‘Ensure sufficient resources for preventing, investigating 
and  prosecuting  corruption  including  by  ensuring  the  swift  operationalisation  of  the  New Anti-Corruption 
Mechanism’. In the 2023 Rule of Law Report, the Commission concluded that some progress was made on 
the recommendation.  

167  Information received from the Prosecution Service and the Judicial Police in the context of the country visit 

to Portugal. 

168  According to the multi-year plan (2023-2027), recruitment of 750 criminal investigators, 250 forensic police 
members, and 100 security force workers is expected between 2022 and 2026 (Portaria No. 245/2022). On 
15  February  2024,  the  Judiciary  Police  held  a  graduation  ceremony  for  80  inspectors.  A  further  150 
inspectors  will  graduate  in  the  last  quarter  of  2024.  A  recruitment  drive  for  150  inspectors,  forensic 
specialists and security personnel was recently completed. Written contribution from the Judiciary Police in 
the context of the country visit to Portugal. 

169  2024 State Budget Justice. Available at https://oe2024.gov.pt/justica/. 
170  The Public Prosecutor’s Office has been reinforced through appointment of specialists. Currently DCIAP’s 
management is composed of 49 magistrates, while the Technical Advice Unit (NAT) has been reinforced by 
two  more  specialists  and  is  still  expected  to  recruit  two  more  technicians  in  the  near  future,  which  would 
expand the team to 19 persons. Input from Portugal for the 2024 Rule of Law Report, p. 7. Statistical data 
relating to corruption-related offences 2023.  

171  Increase from 259 employees (in 2019) to 338 in 2023. Also, on 29 October 2023 the Judiciary Police was 
reinforced  with  600  persons  coming  from  the  Foreigners  and  Borders  Service  that  will  be  training  in 
investigations. Input from Portugal for the 2024 Rule of Law Report, p. 7. 

172  Input from Portugal for the 2024 Rule of Law Report, p. 7. NB: the Ministerial Order No 245/2022 of 27 
September  2022  in  the  context  of  the  National  Anti-Corruption  Strategy  2020-2024,  the  programme  for 
recruiting  staff  for  the  careers  of  criminal  investigation,  forensic  and  security  specialist  at  the  Public 
Prosecutor’s Office is ongoing for the period 2022-2026. Ministry of Justice, Press release of 20 November 
2023, ‘135 vacancies open for new magistrates’. 

173  Information  received  from  the  High  Council  for  the  Public  Prosecution  and  the  Prosecutors  Union  in  the 
context of the country visit to Portugal. See also contribution from Magistrats Européens pour la Démocracie 
et les Libertés (MEDEL) – Portugal for the 2024 Rule of Law Report, p. 13. 

174  While  the  recruitment  of  new  magistrates  has  been  launched  in  November  2023,  there  is  still  a  need  to 
address the lack of additional staff, particularly clerks, which results in delays in administrative procedural 
acts.  See  also  Pillar  I  –  Justice  System,  Quality.  Ministry  of  Justice,  ‘135  vacancies  open  for  new 
magistrates’, 20 November 2023.  

18 

 
 
during  the  new  legislature.  Therefore,  some  further  progress  has  been  made  on  the 
recommendation made in the in the 2023 Rule of Law Report. 

Corruption cases are being investigated as a matter of priority. Overall, investigations of 
corruption related offences are prioritised175, and the DCIAP opened 4631 new investigations 
concerning  corruption-related  offences  in  the  period  between  1  January  and  23  November 
2023  (in  comparison  to  3598  in  2022)176.  There  are  currently  12  ongoing  cases  concerning 
foreign bribery, including three cases opened since July 2023177 and the recommendations put 
forward  by  OECD178,  mentioned  in  the  2023  Rule  of  Law  Report179,  are  currently  being 
considered.  According  to  the  first  MENAC  Annual  Report,  more  than  half  of  suspected 
corruption cases concern the local government  180. A criminal investigation was launched in 
2023 regarding potential corruption involving politicians181. The cooperation with the EPPO 
is going well, the number of European Delegated Prosecutors was raised from 4 to 6 and in 
2023 the EPPO investigated 13 corruption cases which accounts for 6% of the total number 
of EPPO cases in Portugal182.  

New  legislation  on  revolving  doors  introduced  stricter  penalties.  Following  a  public 
debate  triggered  by  an  investigation  into  a  possibly  high-level  corruption  case183,  new 
legislation184  on  revolving  doors  was  adopted  and  entered  into  force  on  20  February  2024. 
The  new  rules  cover  holders  of  executive  political  positions185  and  prohibit  employment  in 
the private sector in certain cases186. The ban on taking up new public functions for breaching 
the  rules  was  increased  from  three  to  five  years187.  In  addition,  companies  hiring  former 
government  officials  in  breach  of  the  current  rules  are  prevented  from  benefiting  from 

175  Special  priority  is  to  be  given  to  investigating  the  offences  of  corruption,  trafficking  in  influence, 
embezzlement, and economic participation in business, including those committed by political or high-level 
public office holders. Directive 1/2023 of 14 December 2023. 

176  Statistical data relating to corruption-related offences 2023.  
177  Written contribution from the Judiciary Police in the context of the country visit to Portugal. According to 
the directive 1/2023, of 14 December, any investigations, reports, contributions or complaints on the foreign 
bribery are expected to be immediately transmitted to DCIAP. 

178  OECD (2022), Implementing the OECD Anti-Bribery Convention Phase 4 Report: Portugal. 
179  2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 14. 
180  Anti-Corruption Mechanism Annual Report 2023. 
181  The  investigation  is  referred  to  as  Operation  Influencer.  SIC  Notícias,  ‘Legalising  lobbying?  Operation 
Influencer brings the issue back into debate’, 14 November 2023. Cabinet of the Prosecutor General, Press 
release of 7 November 2023 

182  A large case has been opened in Porto against 12 suspects and 15 companies, following an investigation into 
a massive scheme of intra-Community VAT fraud (Admiral investigation). Input from Portugal for the 2024 
Rule of Law Report, p. 11. See also the EPPO’s 2023 Report, p. 49. 

183  The  case  of  the  former  Secretary  of  State  for  Tourism  who  moved  from  the  Government  to  the  private 
company to which she granted previously tourist utility status sector. Portugal Resident, ‘“Illegal” ‘revolving 
door’ manoeuvre sees ex-Secretary of State ensconced in project she championed’, 8 January 2023. 

184  Law No. 25/2024, of 20 February, amending Law 52/2019 (Regime for the exercise of functions by political 

and high public office holders).  

185  Art. 3, Law No. 52/2019, as amended. 
186  Art. 1, Law No. 52/2019, as amended. The new rules apply to holders of executive political positions who, 
after  government  functions,  cannot  take up  positions  for  three  years  in private  companies  operating  in  the 
sector which they previously held (even through having shares), and which, during their term of office, have 
been  privatised,  have  benefited  from  financial  or  contractual  incentives,  or  in  respect  of  which  the  policy 
was directly involved.  

187  Art. 11.3, Law No. 52/2019, as amended. 

19 

 
 
financial or tax incentives for a period between three and five years188. However, currently no 
specific  entity  has  been  entrusted  the  role  of  addressing  breaches  of  post-employment 
restrictions189.  

A  new  Code  of  Conduct  applicable  to  the  Government  and  high-level  officials  was 
adopted.  As  mentioned  in  the  2023  Rule  of  Law  Report190,  concerns  had  been  expressed 
regarding  the  supervision  and  monitoring  of  integrity  issues  and  the  lack  of  a  related 
enforcement mechanism with regard to Government officials191. Since the 2023 Rule of Law 
Report,  the  integrity  questionnaire  introduced  last  year  appears  not  to  have  brought  added 
value  in  terms  of  corruption  prevention,  and  the  criticism  regarding  its  application 
increased192  particularly  in  light  of  the  criminal  investigations  which  ultimately  led  to  the 
resignation of the Prime-Minister, and subsequent dissolution of Parliament193. In April 2024, 
the new Government adopted its Code of Conduct which explicitly refers to the possibility of 
dismissal  in  case  of  violation  of  the  Code  and  foresees  the  creation  of  a  whistleblowing 
channel  and  a  corruption  risk  prevention  plan194.  The  Code  applies  to  the  members  of  the 
Government as well as to the members of their cabinets, to all senior managers of the public 
administration under the direction of the Government, as well as to managers and managers 
of institutes and state-owned enterprises195. A number of measures  regarding  integrity were 
listed  in  the  programme  of  the  new  Government  adopted  in  April  2024196.  Some  of  these 
measures  have  been  put  in  place,  such  as  a  new  training  plan  on  integrity  standards, 
confidential counselling on ethical issues to all cabinet staff, a new training plan to provide 

188  Art.  11.4,  Law  No.  52/2019,  as  amended.  Those  changes  are  in  line  with  the  recent  GRECO 
recommendations, as long as an effective enforcement mechanism is established.  GRECO Fifth Evaluation 
Round, para. 96, recommendation v. 

189  2021 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 12.  
190  2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, pp. 14-15. 
191  The  2019  Regime  for  the  exercise  of  functions  by  holders  of  political  offices  and  high  public  offices 
determines  that  all  political  office  holders,  judges,  prosecutors,  and  senior  public  officials  must  submit 
declarations of interests and assets.  Political office  holders, senior public officials and the  members of the 
judges  and  prosecutors  high  councils  must  submit  the  statements  to  the  Constitutional  Court.  Law  No. 
52/2019 of 31 July: Approves the regime for the exercise of functions by holders of political and high public 
offices, Arts. 2  – 5 and  13 – 21; in addition, MPs and government members must submit a declaration of 
interests to Parliament, which publishes them on the official website. 

192  The  doubts  concerning  the  questionnaire  are  also  related  to  the  use  of  personal  data  of  the  persons  in 
question. Expresso, Constitutionalists raise “doubts” about Government questionnaire, 20 January 2023.  
193  See also Pillar I – Justice System, Independence, and Pillar IV – Other institutional issues related to checks 
and  balances.  Portuguese  Government,  Press  release  of  7  November  2023,  ‘The  dignity  of  the  office  of 
Prime Minister is not compatible with suspicion of his integrity’. 

194  Council  of  Ministers  Resolution  No.  64/2024,  of  24  April.  Overall,  GRECO  issued  a  number  of 
recommendations for all persons with top public functions in view of revising the current integrity system to 
make  it  clearer,  enforceable  and  the  relevant  information  publicly  available  in  a  timely  manner.  GRECO 
Fifth  Evaluation  Round  –  Evaluation  report,  paras.  53,  62  and  90,  recommendation  i.  GRECO  also 
recommended that Portugal should ensure  that similar disclosure requirements of income, assets, interests, 
incompatibilities, and disqualifications applying to members of the Government be extended to all persons 
with  top  executive  functions.  GRECO  Fifth  Evaluation  Round  –  Evaluation  report,  para.  100. 
Recommendation xii. 

195  Article 2 of the Council of Ministers Resolution No. 64/2024, of 24 April. 
196  Those  are  e.g.  regulating  lobbying,  including  creation  of  the  lobby  register  and  the  transparency  register 
code of conduct, rendering publication of the meetings of all political and senior public office holders with 
interest groups, adopting a legislative footprint. Programme of the 24th Constitutional Government, p. 79. 

20 

 
 
formal  training  on  integrity  to  all  members  of  Government  and  cabinet  staff,  not  only  by 
direct counselling upon appointment, but also at regular intervals197.  

There  was  some  further  progress  in  relation  to  ensuring  effective  monitoring  and 
verification  of  asset  declarations  by  the  Transparency  Entity.  The  2023  Rule  of  Law 
Report  recommended  to  Portugal  to  ‘[e]nsure  the  effective  monitoring  and  verification  of 
asset  declarations  by  the  Transparency  Entity’198.  On  6  March  2024,  the  reform  to  entrust 
monitoring and verification of asset declarations of political and senior public officials to the 
Transparency Entity established in  2019199  entered  into force200. Civil  society  organisations 
expect  this  reform  to  be  a  turning  point  in  terms  of  transparency  and  effectiveness201.  The 
task  for  the  verification  of  asset  declarations,  previously  exercised  by  the  Constitutional 
Court,  passed  to  the  Transparency  Entity.  The  Transparency  Entity  remains  independent  in 
executing its primary function202, but it is administratively and financially dependant on the 
Constitutional Court. The Transparency Entity has its own staff203, headquarters (Palácio dos 
Grilos,  in  Coimbra),  and  the  digital  platform  to  handle  asset  declarations  is  now 
operational204.  However,  some  concerns  related  to  the  functioning  of  the  Entity  have  been 
raised, in particular in relation to the geographical distance from the Constitutional Court, the 
current lack of the interoperability of the platform, in particular with the Bank of Portugal and 
the  potentially  burdensome  manual  checks  of  the  information  insterted  in  the  platform205. 

197  As recommended by GRECO. GRECO Fifth Evaluation Round – Evaluation Report, Recommendation vi. 
198  2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 2. The 2022 Rule of 
Law Report had also recommended to Portugal to ‘Ensure the start of operations of the Transparency Entity 
in view of effective monitoring and verification of asset declarations.’ (2022 Rule of Law Report, Country 
Chapter  on  the  rule  of  law  situation  in  Portugal,  p.  2).  In  the  2023  Rule  of  Law  Report,  the  Commission 
concluded that some progress was made on the recommendation. 

199  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. 

200  Regulation  No.  258/2024,  of  6  March.  The  Regulation  standardising  procedures  for  the  computerised 
registration of single declarations of income, assets, interests, incompatibilities and impediments for political 
office holders, high-level public office and equivalent was published on 6 March 2024 and entered into force 
on the same day.  

201  The use of the electronic platform, now mandatory by law, makes is expected to be safer, faster and more 
efficient  to  verify  the  filing  and  the  formal  conformity  between  successive  declarations  by  the  same 
declarant (declarations when entering office, when updating assets, when leaving office, and three years after 
leaving office). Information received from the Transparency International and Observatory of Economy and 
Fraud Management in the context of the country visit to Portugal. 

202  The Transparency Entity is an independent body, which means that the Constitutional Court has no power to 
control the way in which it carries out its functions. The role of the Constitutional Court is a judicial one and 
will be limited to deciding appeals against decisions of the Transparency Entity. 

203  The  President  and  the  two  members  took  office  on  15  February  2023  and  are  now  in  office.  The  staff 
currently consists of eight members, including the three managers, and an additional IT technician is soon to 
be employed. Input from Portugal for the 2024 Rule of Law Report, p. 9. 

204  The  development  of  the  Electronic  Platform  for  Processing  the  Single  Declaration  of  Income,  Heritage, 
Interests,  Incompatibilities  and  Impairments,  the  contract  of  which  was  signed  on  9  May  2022,  has  been 
completed and its provisional acceptance took place on 30 May 2023. A training event in this regard took 
place  from  9  to  13  October  2023.  The  use  of  the  Electronic  Platform  in  testing  environment  has  already 
taken place. Input from Portugal for the 2024 Rule of Law Report, p. 9. 

205  Information received from the Transparency Entity in the context of the country visit to Portugal. This would 
also  be  in  line  with  the  GRECO  recommendation  on  ensuring  substantive  checks  with  the  related 
proportionate sanctions in cases of breaches. GRECO Fifth Evaluation Round – Evaluation report, para. 104. 
In parallel, GRECO recommended ensuring effective functioning of the Transparency Entity as a matter of 
priority. GRECO Fifth Evaluation Round – Evaluation report, para. 104. Recommendation xiv. 

21 

 
 
While the Transparency Entity started operations in legal terms, the task of ensuring effective 
monitoring and verification of asset declarations remains to be confirmed206. In view of the 
above, some progress has been made on the recommendation made in the 2023 Rule of Law 
Report. 

The  legal  framework  for  political  party  financing  has  come  under  public  scrutiny.  In 
July 2023, an investigation launched by the judiciary police triggered a public debate over the 
alleged lack of clarity of the laws on political financing207. It concerned suspicions regarding 
alleged use of funding allocated to parliamentary groups to finance the activities of political 
parties208.  As  a  result,  some  parliamentary  groups  called  for  amendments  to  the  law  on 
political party financing, in order to clarify these aspects209. While no bills were yet proposed 
in  this  regard,  the  Government  programme  includes  extending  anti-corruption  rules  to 
political parties, among others, making it compulsory to implement risk prevention plans210. 

The  Government  announced  plans  to  regulate  lobbying,  through  the  creation  of  a 
transparency regime and a Code of Conduct. Portugal remains without rules on lobbying, 
despite  long  standing  GRECO  recommendations211.  In  2023,  the  lack  of  regulation  on 
lobbying  was  the  subject  of  criticism.  Stakeholders  have  underlined  the  lack  of  progress  in 
this area  and have urged the Government  to  introduce the  relevant  measures as  a matter of 
priority212. The discussions on a new bill that took place in early 2024 before the dissolution 
of the Parliament were not conclusive213 but the first consultations with the political groups in 
the new Parliament indicate a common interest in regulating lobbying214. While no concrete 
proposals have been put forward so far, a number of measures regarding lobbying were listed 
in the programme of the new Government presented in April. The regulation of lobbying was 
announced  in  the  Anti-corruption  Agenda  of  June,  which  includes  a  Code  of  Conduct  for 

206  It is, therefore, expected that following the parliamentary elections on 10 March and the submission of the 
relevant declarations by the new  Members of Parliament and members of the Government within 60 days 
from the date they enter office, the Transparency Entity will monitor and verify them. 

207  This  happened  in  the  context  of  an  investigation  involving  one  political  party  and  its  previous  leadership. 
The unclarity regards using funds from the parliament dedicated to paying advisors of parliamentary groups, 
which were used to pay party employees who did not work on parliament’s premises. CNN, ‘PSD confirms 
searches in national and Porto headquarters’, 12 July 2023. 

208  Observador,  ‘PS  wants  to  clarify  that  the  law  allows  resources  to  be  shared  between  parties  and 

parliamentary groups’, 14 July 2023.  

209  RTP, ‘PS will propose an amendment to the law on party financing’, 14 July 2023.  
210  Programme of the 24th Constitutional Government, p. 81. 
211  GRECO Fifth Evaluation Round – Evaluation report, para. 70. 
212  Information  received  from  Transparency  International  and  OBEGEF  in  the  context  of  the  country  visit  to 
Portugal. See also Transparency International, Analysis by Transparency International reveals that the fight 
against  corruption  in  Portugal  is  not  advancing  and  has  flaws  in  terms  of  integrity  in  politics,  30  January 
2024.  Transparency  International,  TI  Portugal  proposes  to  the  parties  a  list  of  measures  to  prevent 
corruption, 8 February 2024. While it is difficult to determine the content of the future regulation, it seem 
probable  that  it  may  be  impacted  by  the  current  heated  political  debate  with  regard  to  the  defining  lines 
between  lobbying  and  influence  peddling.  RTP  Notícias,  ‘There’s  nothing  irregular  about  it’,  9  November 
2023. Politico, ‘Politicians should refrain from negotiating at the table, judges advise’, 18 April 2024. 

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

Portugal.  

214  Eco, ‘Parties agree to point batteries at the regulation of lobbying’, 22 April 2024. 

22 

 
 
lobbying,  as  well  as  a  register  of  interest  representatives  and  meetings  that  took  place  with 
public officials215. 

While  the  current  legislative  framework  regarding  whistleblower  protection  is  being 
efficiently  implemented,  strengthening  of  the  protection  of  whistleblowers  in  cases  of 
corruption  was  announced.  The  Inspectorate-General  of  Finance  (IGF),  providing  both 
internal  and  external  reporting  channels216,  received  35  whistleblower  reports  through  the 
external reporting channel by 19 November 2023 (against 22 reports in 2022)217. As regards 
the  single  regional  channel218,  created  by  the  Government  of  the  autonomous  region  of 
Madeira, 37 reports were received in 2023219. In the first eleven months of 2023, the number 
of reports received through the external channel available on the Public Prosecutor’s Office 
Portal220  was  1 748  (492  complainants  were  subsequently  recognised  as  whistleblowers)221. 
The  Anti-corruption  Agenda  adopted  on  20  June  2024  announced  strengthening  the 
protection  of  whistleblowers  in  cases  of  corruption  (including  in  retaliatory  and  unfounded 
judicial  proceedings)222.  GRECO 
the  protection  of 
recommended 
whistleblowers  within  the  Public  Security  Police  and  the  National  Republican  Guard, 
particularly  by  fully  implementing  internal  reporting  channels  as  well  as  by  conducting 
dedicated training and  awareness-raising activities about  whistleblower  protection measures 
for all levels of hierarchy and chains of command223.  

strengthening 

Concerns  regarding  the  transparency  of  decision-making  in  public  procurement 
remain.  The  Flash  Eurobarometer  on  Businesses’  attitudes  towards  corruption  in  the  EU 
shows that 24% of companies in Member States (EU average 27%) think that corruption has 
prevented them from winning a public tender or a public procurement contract in practice in 
the  last  three  years224.  The  recent  criminal  investigation  leading  to  the  dissolution  of 
Parliament  revealed  integrity  risks  linked  to  the  National  Interest  Projects  (PINs),  which 
constitute an exceptional regime linking Governments and businesses. Based on the current 
rules, administrative procedures in relation to those projects are processed more quickly and 
effectively,  namely  through  priority  appraisal,  as  well  as  the  simultaneous  processing  of 
managerial  procedures  or  the  reduction  of  procedural  deadlines,  in  cases  where  this  is 
decisive for the effective implementation of the project. PIN classification and monitoring are 

215  Those  are  e.g.  regulating  lobbying,  including  creation  of  the  lobby  register  and  the  transparency  register 
code of conduct, rendering publication of the meetings of all political and senior public office holders with 
interest groups, adopting a legislative footprint. Programme of the 24th Constitutional Government, p. 79. 

216  Law No. 93/2021, of 20 December. 
217  Ten  of  the  complaints  were  forwarded  from  external  entities,  15  from  IGF’s  competence  centres,  nine 
without referral and one repeated complaint. Input from Portugal for the 2024 Rule of Law Report, p. 13. 

218  Official website: https://canaldenuncias.madeira.gov.pt/. 
219  In the Regional Administration of the Azores a waiver channel was set up across all the departments of the 
regional government, which is part of the project “Call for Public APR – New Generation”, a measure which 
aims to increase effectiveness and efficiency and to enhance the value of the public service provided in the 
Azores,  focusing  the  public  administration’s  action  on  the  current  needs  and  expectations  of  citizens  and 
businesses. Input from Portugal for the 2024 Rule of Law Report, p. 14. 

220  Official website: https://simp.pgr.pt/dciap/denuncias/index2.php. 
221  Statistical 

relating 

at: 
corruption-related 
https://www.ministeriopublico.pt/sites/default/files/documentos/pdf/corrupcao_e_crimes_conexos_2023.pdf. 

Available 

offences 

2023. 

data 

to 

222  Portuguese Government, Anti-corruption Agenda, Measure No. 16. 
223  GRECO Fifth Evaluation Round – Evaluation report, para. 210. Recommendation xxvii. 
224  Flash Eurobarometer 543 on Businesses’ attitudes towards corruption in the EU (2024). This is 3 percentage 

points below the EU average. 

23 

 
 
made by a Monitoring  Committee (CPAI) of representatives of  several  public agencies and 
government  members225.  In  parallel,  stakeholders  raise  concerns  related  to  possible 
discretionary decision-making when approving PIN projects226 and lack of sufficient scrutiny 
over the ongoing ones227 as well as concerns related to environment protection228. At the end 
of October 2023, 49 projects had the PIN status (for the amount of EUR 21 265 million), four 
of  which  have  enjoyed  that  status  for  20  years229.  In  2022  and  2023,  25  new  investments 
gained the PIN status and accounted for 20 per cent of all PIN projects since the mechanism 
was  created  which  constitutes  a  significant  acceleration  in  the  approval  rate  at  which  these 
projects are approved230.  

III.  MEDIA PLURALISM AND MEDIA FREEDOM 

The fundamental principles underpinning media freedom and pluralism are enshrined in the 
Portuguese Constitution231 and a comprehensive legal framework exists protecting journalists 
in the exercise of their profession232. The establishment of an independent regulatory body is 
also  mandated  in  the  Constitution233.  A  solid  legal  framework234  is  in  place  regarding  the 
transparency  of  ownership  across  all  media  markets.  Access  to  information  and  documents 
held by public authorities is safeguarded through legislation235.  

The  Media  Regulatory  Authority  further  consolidated  its  central  role,  having  been 
attributed new powers on state advertising. Following the entry into force of amendments 
to  the  Law  on  State  Institutional  Advertising,  the  Media  Regulatory  Authority  (ERC)  has 
seen its powers strengthened, namely in the context of the obligations of communication and 
transparency in the acquisition of advertising space by state authorities236. In July 2023, ERC 
submitted two proposals to amend the Radio Law237 and the Press Law238to the Assembly of 

225  The  Council  of  Ministers  decides  the  approval,  amendment,  suspension  or  ratification  of  territorial 

management instruments necessary to implement PINs. Decree-Law No. 154/2013, of 5 November. 

226  Contribution  received  from  the  Transparency  International  and  Observatory  of  Economy  and  Fraud 

Management in the context of the country visit to Portugal. 

227  In at least one of the cases, Quinta da Barrosinha, in Alcácer do Sal,  the project is already completed and 
operational  but  it  constitutes,  however,  a  different  investment  from  the  one  approved  in  2008.  Rádio 
Renascença, ‘There are investments that have been PIN for almost 20 years’, 6 December 2023. 

228  Some  of  these  projects  have  controversial  licensing  processes,  such  as  the  Douro  Marina  Hotel,  whose 
construction was in the news for jeopardising the region's classification as a UNESCO World Heritage Site. 
Rádio Renascença, ‘There are investments that have been PIN for almost 20 years’, 6 December 2023. 
229  Rádio Renascença, ‘There are investments that have been PIN for almost 20 years’, 6 December 2023.  
230  In view of IGF’s responsibilities as Audit Authority of the European funds, namely in the audits concerning 
certified operations, PIN projects are also audited, with the aim of validating the legality and regularity of 
the expenditure. Annex to the input from Portugal for the 2024 Rule of Law Report. 

231  Arts. 37 and 38, Constitution of the Portuguese Republic. 
232  Portugal ranks 7th in the 2024 Reporters without Borders World Press Freedom Index compared to 9th in the 

previous year. 

233  Art. 39, Constitution of the Portuguese Republic. 
234  Law No. 78/2015, of 29 July. 
235  Law No. 26/2016, of 22 August. 
236  Law No. 19/2023 of 12 May 2006, which extends the scope of Law No. 95/2015 on institutional advertising. 

See also input from Portugal for the 2024 Rule of Law Report, p. 18. 

237  Law No. 54/2010, of 24 December. 
238  Law No. 2/99, of 13 January. 

24 

 
 
the  Republic239  for  consideration  and  discussion.  As  regards  the  Radio  Law,  the  proposal 
identifies  a  number  of  aspects  that  should  be  revised  with  a  view  to  address  doubts  of 
interpretation  of  the  law,  difficulties  of  application  of  the  law,  and  to  allow  for  greater 
dynamism  of  the  activity  of  the  radio.  For  the  Press  Law,  the  proposal  aims  to  expand  the 
scope to cover online media as well. The follow up for these two proposals will depend on 
further  action  during  the  new  legislature.  Regarding  the  resources  allocated  to  the  media 
regulator,  the  MPM  2024  for  Portugal  considers  that  although  somewhat  inadequate,  they 
allow the ERC to perform its function240. 

The breach of the provisions on transparency of media ownership by one media group 
triggered discussions on the need to amend the legislative framework. The monitoring of 
transparency  of  media  ownership  is  an  area  under  the  responsibility  of  the  ERC241.  As 
indicated  in  the  2023  Rule  of  Law  Report  there  were  concerns  about  the  veracity  of  the 
information  provided  in  some  cases242.  The  acquisition  of  one  of  the  largest  media 
organisations in Portugal, by an investment fund, which was followed by a series of highly 
controversial  decisions  (including  asset  seizure,  non-payment  of  salaries,  and  collective 
dismissals)  prompted  journalists  to  protest,  bringing  the  issue  into  public  discussion  and  to 
the  political  level  in  Parliament243.  Despite  the  discussions,  no  further  amendments  to  the 
legislative  framework  were  pursued244.  These  events  prompted  ERC 
to  open  an 
administrative  case  concerning  the  non-compliance  with  the  Transparency  Law245,  finding 
breaches  of  the  law  and  suspending  the  voting  rights  of  the  investment  fund  in  the  media 
company246, although the ERC’s actions were seen as coming late247. The media landscape in 
Portugal  is  highly  concentrated  and  the  MPM  2024  for  Portugal  thus  sees  a  high  risk  for 
media plurality248.  

The public service media provider continues to face challenges regarding its resources. 
Rádio e Televisão de Portugal (RTP), the public service media provider, offers a variety of 
channels and faces the need to adapt its offer to the changing needs and consumption habits 

239  This submission was made under the provisions in Art.  25 of the ERC’s Statutes, which establish that the 
Entity, on its own initiative, may suggest or propose measures of a political or legislative nature in matters 
pertaining to its remit. 

240  Media Pluralism Monitor 2024 for Portugal, p. 13.  
241  Law  No.  78/2015,  of  July  29,  which  regulates  the  promotion  of  transparency  of  ownership,  management, 
and financing of entities that carry out media activities. ERC collects and verifies the information reported 
by entities under the legal provisions of transparency and displays it in the Transparency Portal. The Portal is 
also a gateway for interaction with users because it is the channel to reply to several information requests 
addressed  to  ERC.  The  Portal  is  continuously  evaluated,  and  improvements  introduced  to  facilitate  the 
consultation of data and interaction with users. Similarly, the restructuring of the Transparency Platform and 
its  back  office  continues,  to  facilitate  usability  by  regulated  entities  when  reporting  the  elements  required 
under the transparency regime. 

242  2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 18. 
243  A 
information 

Inquiry  Commission  was 

Parliamentary 

created; 

further 

available 

at: 

https://www.parlamento.pt/ActividadeParlamentar/Paginas/DetalheAudicao.aspx?BID=148707. 

244  2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 18. 
245  Art. 14, Transparency law. 
246  ERC’s decision suspended, as well, the patrimonial rights and imposed financial safeguard measures. ERC, 

Deliberation of 19 March 2024. 

247  Information received from the Union of Journalists and the Journalists Professional License Commission, in 

the context of the country visit to Portugal. 

248  Media Pluralism Monitor 2024 for Portugal, p. 15. 

25 

 
 
of its public249. At the same time, it needs to ensure compliance with legal obligations, like 
media literacy. However, there  are challenges to  financial resources, that  do not  allow it to 
keep up with those developments and missions250. In particular, the fact of not updating the 
annual audiovisual tax since 2017 has an ever-increasing annual impact with a cumulated loss 
of  income  of  EUR  55,46  million  for  the  2017-2023  period251.  Its  human  resources  are  also 
strained, as the hiring of new staff, including to compensate for retirements and terminations, 
is  subject  to  the  general  rules  of  recruitment  applicable  to  the  civil  service252.  Preliminary 
work has been done at working group level to prepare a new concession contract with RTP, 
in line with the conclusions of the 2023 White Paper on the public service media253.  

There is  now wide support for the LUSA News Agency.  While some concerns had been 
voiced in the past as to the shareholding structure of the news agency254, at present there is a 
wide  consensus  among  stakeholders  in  support  of  the  agency  as  it  is  seen  as  playing  an 
essential  role  in  parts  of  the  country  where  news  would  not  otherwise  reach  the  public255. 
Nevertheless, concern has been voiced about the risk that LUSA content could increasingly 
be used by some outlets as a way of replacing the work done by in-house journalists256. While 
in  August  2023  the  Government  had  shown  interest  in  acquiring  new  participations  in  the 
news  agency257,  this  possibility  was  not  achieved258.  However,  the  current  Government 
intends to execute said acquisition until the end of 2024259. 

Tax incentives to encourage the subscription of written media had a positive effect. As 
mentioned in the 2023 Rule of Law Report260, provisions were introduced in the 2023 budget 
law for the reimbursement of VAT for subscriptions to newspapers and written media against 
the  2024  income  tax261.  According  to  the  authorities,  the  incentives  have  totalled  around 
EUR 568 000262.  This  measure  has  been  considered  as  positive,  although  journalist 
representatives  consider  it  insufficient  to  address  the  problem  of  the  huge  decrease  in  the 
sales and in the number of newspapers’ readers263. Journalists stress that there is a need for a 
structural  approach,  encompassing  support  for  the  media  access,  media  literacy  and  its 

249  According  to  the  European  Parliament’s  Flash  Eurobarometer:  News  &  Media  Survey  2023,  65%  of 
respondents in Portugal stated that they trust public TV and radio stations, below the EU average of 48%. 

250  Information received from RTP in the context of the country visit to Portugal. 
251  RTP, ‘Memorandum on updating the value of the audiovisual tax’. This is in spite of the fact that the amount 

collected by virtue of the audiovisual tax has continually increased in the relevant period. 

252  Information received from RTP in the context of the country visit to Portugal. 
253  Information  received  from  the  Secretariat  General  of  the  Presidency  of  the  Council  of  Ministers  in  the 

context of the country visit to Portugal and White Paper on public service media. 

254  Feared as too private, as noted in 2023 Rule of Law Report, Country Chapter on the rule of law situation in 
Portugal, p. 19. Concerns regarding the possibility of public interference were voiced later in 2023, when the 
Government announced interest in taking up shares from private shareholders. 

255  Information received from Journalists Trade Union in the context of the country visit to Portugal.  
256  Information  received  from  the  Journalists  Professional  License  Commission,  in  the  context  of  the  country 

visit to Portugal. 

257  Currently owned by the Global Media Group – see paragraph on transparency of media ownership. 
258  Portuguese Government, Press release of 30 November 2023. 
259  Written contribution from the Portuguese Government in the context of the country visit to Portugal. 
260  2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 20 
261  Law No. 24-D/2022, of 30 December, approving the State budget for 2023. 
262  Information received Secretariat General of the Presidency of the Council of Ministers in the context of the 

country visit to Portugal. 

263  Information received from Journalists Trade Union in the context of the country visit to Portugal. 

26 

 
 
financing264.  The  current  Government  intends  to  address  these  concerns  until  the  end  of 
2024265. 

Concerns  about the precarity of journalist posts and deteriorating working conditions 
have increased, leading to a  journalists’ strike.  While journalists have  been  complaining 
for  some  years  about  the  deterioration  of  the  working  conditions266,  a  change  in  the 
ownership of Global Media Group267, one of the biggest national media groups, triggered a 
strong reaction from journalists268. While other minor cases (concerning layoffs in particular) 
also  happened  in  2023,  this  case  had  a  triggering  effect.  Decisions  concerning  asset 
management,  non-payment  of  salaries  for  two  months,  allegations  of  interference  with 
editorial freedom, and the announcement of collective dismissals were contested and strongly 
opposed by journalists269, with punctual strikes and an important effort to make the situation 
widely known to the public and brought to the political sphere. The media regulator initiated 
an  investigation  into  the  impact  of  the  restructuring  of  the  Global  Media  Group,  having 
concluded  that  there  were  several  instances  of  wrongdoing  by  the  administration270. 
Following  months  of  instability,  a  restructuring  process  is  underway  with  negotiations 
ongoing  for  the  acquisition  of  several  of  Global  Media  Group’s  outlets  by  Portuguese 
investors271. For the first time in seven years, a Congress of Journalists was convened 18-21 
January 2024 to face the ‘state of emergency for national journalism’272. For the first time in 
40 years, Portuguese journalists went on a general strike on 14 March 2024273. According to 
the  Journalists’  Trade  Union,  more  than  40  national,  regional,  and  local  media  outlets 
participated274,  including  the  LUSA  News  Agency.  The  strike  was  called  amid  concerns 
regarding low salaries, precariousness and what is considered to a be a sharp deterioration of 
working conditions. The President of the Republic, as well as leaders of political parties with 
parliamentary representation expressed their solidarity to the journalists on strike275.  

While  there  is  a  strong  legal  framework  regarding  the  practice  of  journalism  and  the 
right  to  inform,  as  well  as  guaranteeing  protection  of  the  fundamental  right  not  to 
reveal  sources,  concerns  have  been  expressed  regarding  the  increasing  number  of 
threats to journalists. Portugal possesses a strong legal framework on various aspects of the 
safety of journalists276. However, the Council of Europe Platform to promote the protection 

264  Information received from Journalists Trade Union in the context of the country visit to Portugal; see also 

Congress of Journalists, Conclusions of the 5th Congress of Journalists. 

265  Written contribution from the Portuguese Government in the context of the country visit to Portugal. 
266  2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 19. 
267  Global Media Group is an important group because of the geographical spread, the variety, the history and 

the reputation of the media outlets it owns. 

268  European  Federation  of  Journalists,  ‘Portugal:  Solidarity  with  strikers  from  Global  Media  Group’,  12 

January 2024.  

269  Information received from the Journalists Trade Union in the context of the country visit to Portugal. 
270  Including  of  illegitimate  attempts  to  interfere  with  the  editorial  freedom  and  autonomy  of  different  news 
outlets of the group. ERC, Press release ‘ERC concludes investigation on the impact of the restructuring of 
Global Media Group on the pluralism of information and editorial lines’, of 30 May 2024. 
271  Diário de Notícias, ‘ERC greenlights aquisition of Global Media outlets by Notícias Ilimitadas’. 
272  Information available at: https://congressojornalistas.pt/sobre/. 
273  Journalists Trade Union, ‘General strike of journalists silences forty media organs’, 14 March 2024. 
274  Ibidem.  
275  Renascença, ‘Marcelo highlights “fundamental role of journalism” on strike day’, 14 March 2024; Público, 

‘BE, PCP, Livre and PAN attended the journalists’ strike and called for their “value”’, 15 March 2024. 
276  Media Freedom Rapid Response assessment for Portugal: https://www.mfrr.eu/portugal-press-freedom-

remains-robust-even-as-media-face-resource-strains/. 

27 

 
 
of  journalism  and  safety  of  journalists  has  registered  four  alerts  since  the  adoption  of  the 
2023 Rule of Law Report, three of which are still active277 and all concern journalists being 
physically attacked while covering events. Stakeholders expressed concerns that this appears 
to be a trend278. The Media Freedom Rapid Response monitor for Portugal reported five more 
alerts since July 2023, which also concerned such incidents and verbal attacks279. An instance 
of  violence  by  police  has  been  reported280.  A  criminal  investigation  was  also  initiated 
following the attack on the headquarters of an online newspaper and radio281,282. No SLAPP 
cases were reported since the publication of the 2023 Rule of Law Report283. 

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 
Parliament284.  The  Prime  Minister  has  the  competences  to  direct  the  Government’s  general 
policy  and  to  coordinate  and  orient  the  actions  of  all  the  Ministers285.  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  norms286;  it 
also has other important powers, including on electoral matters and control of assets, interest 
disclosure and incompatibility declarations287. The independent Ombudsperson is tasked with 
safeguarding and promoting the freedoms, rights and guarantees of citizens, and has the right 
to  challenge  the  constitutionality  of  laws.  The  Commission  for  Citizenship  and  Gender 
Equality  and  the  Commission  for  Equality  in  Labour  and  Employment  are  the  equality 
bodies. 

277  For comparison, one alert was registered between July 2022 and July 2023. Council of Europe Platform to 

promote the protection of journalism and safety of journalists. 

278  Information received from Journalists Trade Union in the context of the country visit to Portugal. 
279  Available at: https://www.mfrr.eu/monitor/. 
280  The Public Security Police initiated an investigation on the alleged police aggressions (Diário de Notícias, 
‘PSP opens inquiry on the aggressions to protesters and journalists consider pressing charges’, 6 February 
2024). Journalists Trade Union, ‘SJ indignant at aggressions from PSP to journalists’, 6 February 2024. See 
also  Council  of  Europe  Platform  to  promote  the  protection  of  journalism  and  safety  of  journalists,  ‘Two 
Journalists Attacked by PSP Officers while Covering Protest’, Alert No. 26/2024. 

281  Observador, ‘Headquarters of Observador were vandalised. Charges pressed before the PSP’, 20 May 2024. 
Journalists  Trade  Union,  ‘SJ  condemns  attack  against  Observador  and  calls  for  guarantees  to  protect 
journalists’, 21 May 2024. 

282  Regarding the case of the journalists who were  prosecuted for allegedly violating the secrecy of justice  in 
relation to their reporting in 2018 about an anti-corruption operation (Rule of Law Report, Country Chapter 
on the rule of law situation in Portugal, pp. 19-20), following the acquittal at first instance, the decision was 
overturned in second instance by the Lisbon Appeal Court. The Court sentenced them to a fine of 150 days 
and  EUR  1500,  as  it  considered  there  had  been  an  error  of  judgment  in  the  court  of  first  instance.  See 
Público,  ‘Appeal  Court  annuls  decision  and  sentences  journalists  for  violating  the  secrecy  of  justice’,  15 
November 2023. 

283  Information received from Journalists Trade Union in the context of the country visit to Portugal. 
284  Art. 133(e), Constitution of the Portuguese Republic. 
285  Art. 201, Constitution of the Portuguese Republic. 
286  Art. 223(1), Constitution of the Portuguese Republic. 
287  Art.  223(2)(c),  (g),  (h),  Constitution  of  the  Portuguese  Republic; Arts.  11-A  and  106  to  110,  Law  on  the 

Constitutional Court. 

28 

 
 
There  has  been  some  further  progress  to  improve  the  transparency  of  law-making, 
while the regulation of impact assessment is still pending. The 2023 Rule of Law Report 
recommended  to  Portugal  to  ‘[f]inalise  the  reforms  to  improve  the  transparency  of  law-
making, particularly on the implementation of impact assessment tools’288. In July 2023, the 
Parliament’s  Rules  of  Procedure  were  amended,  expressly  addressing  the  reinforcement  of 
the  quality  of  parliamentary  legislation  and  the  procedure’s  transparency.  The  new  rules 
envisage  the  implementation  of  ex  ante  impact  assessment  tools289.  However,  with  the 
dissolution of Parliament on 15 January 2024, the regulation to put this into practice has not 
been  finalised290.  The  new  rules  of  procedure  envisage  the  creation  of  a  new  tool  for 
participation  in  the  legislative  procedure,  aiming  to  extend  this  to  all  parliamentary  draft 
legislation291,  and  clarify  the  constitutional  duty  of  consultation292.  The  new  rules  also 
emphasise the need to comply with the legislative procedure’s deadline and aim to reinforce 
the quality of legislation that incorporates EU law into national law293. Work is still ongoing 
on  the  revision  and  update  of  Parliament’s  legal  drafting  technical  guide294.  Regarding  the 
legislative  power  entrusted  to  the  Government,  the  ex  ante  impact  assessment  of  all 
legislative drafts continues to  be ensured, while the  ex post impact  assessment is  limited to 
selected  legislative  acts295.  The  involvement  of  stakeholders  in  the  legislative  process 
continues  to  be  ensured296,  either  through  public  consultation297,  or  through  the  direct 
consultation of the interested parties298. There have been positive steps in this regard, and the 
programme of the new Government embraces this objective299. The Anti-corruption Agenda 
also  envisages  the  development  of  the  ‘legislative  footprint’  system,  establishing  the 

288  This  followed  the 2022  Rule of  Law  Report,  where  it  had been  recommended  to ‘continue  the  reforms  to 
improve the transparency of law-making, particularly on the implementation of impact assessment tools’288, 
and in relation to which significant progress was achieved;  2023 Rule of Law Report, Country Chapter on 
the rule of law situation in Portugal, p. 2.  

289  Art. 131-A, ‘Ex-ante impact assessment’: ‘Without prejudice to the ex-ante impact assessment regimes laid 
down by law, the Plenary shall pass a resolution, following a proposal by the President of the Assembly of 
the Republic and after consulting the Conference of Leaders, on the rules and procedures for assessing the 
impact of legislation’. 

290  A study is ongoing on Parliaments’ practices on ex ante impact assessment, through the European Centre for 
Parliamentary Research and Documentation (Information received from the Services of the Assembly of the 
Republic in the context of the country visit to Portugal). 

291  In Portugal, 20% of the surveyed companies perceive the frequent changes in legislation or concerns about 
quality  of  law-making process  as  a  reason  for  the  lack  of  confidence  in  investment  protection.  Figure  56, 
2024 EU Justice Scoreboard.  

292  In relation to the consultation of federations and confederations that represent the matter to be legislated, in 

the areas of disability, consumers rights, family, education. 

293  In particular, by imposing the Government bill to be accompanied by a correlation table between the bill’s 
provisions  and  those  of  the  Directive.  Furthermore,  the  Government  shall  provide  the  Parliament  with  an 
annual report on the measures and procedures adopted or to be adopted for the transposition of Directives.  
294  Information received from the Services of the Assembly of the Republic in the context of the country visit to 

Portugal. 

295  Input from Portugal for the 2024 Rule of Law Report, p. 21. 
296  According  to  the  Commission  recommendation  on  promoting  engagement  and  effective  participation  of 
citizens  and  civil  society  organisations  in  a  democracy  (C/2023/8627  final),  an  enabling  environment  for 
civil society organisations, is important to allow them to effectively engage in public policymaking.  

297  Open to the general public, via the dedicated platform: https://www.consultalex.gov.pt/. 
298  Input from Portugal for the 2024 Rule of Law Report, p. 21. 
299  The  Programme  of  Government  envisages  the  continuation  of  the  ‘legislative  footprint’  project  and  of  the 
traceability of administrative acts. See Portuguese Government, ‘Programme of the XXIV Government’, p. 
80). 

29 

 
 
mandatory  recording  of  any  intervention  of  external  entities  in  the  legislative  process300. 
Overall, since some of the steps undertaken would have to be continued or finalised by the 
new executive and during the new legislature, there has been some further progress  on this 
part of the recommendation made in the 2023 Rule of Law Report. 

The  Constitutional  revision  initiated  in  2023  could  not  be  completed  due  to  the 
dissolution of Parliament. As mentioned in the 2023 Rule of Law Report, a revision of the 
Constitution had been initiated in January 2023301. Whereas the revision was expected to be 
finalised by the end of January 2024302, the two major parliamentary groups concluded there 
were no political  conditions  for the conclusion of the revision in  view of the dissolution  of 
Parliament303, which occurred on 15 January 2024. This led to the suspension of all regular 
parliamentary  activity304  although  it  was  possible  to  finalise  the  majority  of  pending 
legislative initiatives305.   

On  1  January  2024,  Portugal  had  16  leading  judgments  of  the  European  Court  of 
Human  Rights  pending  implementation,  an  increase  of  one  compared  to  the  previous 
year306.  While  Portugal’s  rate  of  leading  judgments  from  the  past  10  years  that  remain 
pending  was  at  that  time  at  44%  (compared  to  39%  in  2023),  the  average  time  that  the 
judgments  have  been  pending  implementation  was  5  years  and  9  months  (compared  to  5 
years and 1 month in 2023)307. The oldest leading judgment, pending implementation for over 
12 years, concerns the fairness of criminal proceedings308. As regards the respect of payment 
deadlines,  on  31  December  2023  there  were  16  cases  in  total  awaiting  confirmation  of 

300  Portuguese  Government,  Anti-corruption  Agenda,  Measure  No.  2.  See  also  2022  Rule  of  Law  Report, 

Country Chapter on the rule of law situation in Portugal, p. 20. 

301  2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, pp. 22-23. 
302  Information received from the Services of the Assembly of the Republic in the context of the country visit to 

Portugal. 

303  Pursuant to Art. 133(e), Constitution of the Portuguese Republic. See also input from Portugal for the 2024 

Rule of Law Report, p. 27. 

304  During  the  dissolution  period,  no  plenary  sessions  take  place,  and  only  the  Standing  Committee  remains 
active, holding sessions every fortnight. Despite its lack of legislative powers, the Standing Committee may 
exercise its power to monitor the activities of the Government and the Administration, holding debates with 
the Prime Minister and the members of Government during the dissolution. Parliamentary Committees may 
only meet for the final drafting of the bills passed until the date of dissolution (Information received from the 
Services of the Assembly of the Republic in the context of the country visit to Portugal). 

305  With the exception of the Draft on Regulation of Lobbying – see also Pillar II – Anti-corruption Framework.  
306  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. 

307  All figures are calculated by the European Implementation Network and are based on the number of cases 
that  are  considered  pending  at  the  annual  cut-off  date  of  1  January  2024.  See  the  Contribution  from  the 
European Implementation Network for the 2024 Rule of Law Report, p. 7. 

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

pending implementation since 2011. 

30 

 
 
payments  (compared  to  15  in  2022)309.  On  1  July  2024,  the  number  of  leading  judgments 
pending implementation had increased to 17310. 

The  Office  of  the  Ombudsperson  continues  to  exercise  its  functions  effectively.  The 
Ombudsperson is accredited with ‘A’ status by the UN Global Alliance of National Human 
Rights  Institutions  (GANHRI)311.  As  mentioned  in  the  2023  Rule  of  Law  Report312,  the 
operationalisation of the new structure for the supporting services to the Ombudsperson led to 
positive  results  and  continues  to  be  assessed  as  allowing  the  institution  to  perform  its 
functions  effectively313.  Following  this  restructuring,  the  Office  of  the  Ombudsperson  has 
sufficient budgetary and human resources to perform its functions and to fulfil its mission and 
mandate  independently314.  In  November  2023,  the  Office  of  the  Ombudsperson  was 
transferred  to  new  premises,  responding  to  a  long-standing  request  to  be  located  in  a  more 
central  area,  and  thus  improve  accessibility  to  people315.  The  Ombudsperson  continues  to 
receive  a  high  number  of  complaints  submitted  by  foreign  nationals,  particularly  regarding 
long  residence  permit  waiting  time316.  The  Ombudsperson  has  also  launched  three  major 
own-initiative  investigations,  focusing  on  the  analysis  of  the  public  services317,  detention 
conditions318,  and  the  restructuring  of  the  border  and  migration  services319,  which  includes 
recommendations320. 

Civil  society  organisations  continue  to  operate  without  constraints.  The  civil  society 
space  continues  to  be  considered  as  open321.  There  are  isolated  cases  of  harassment  of 
members  of  civil  society  organisations  active  in  the  support  of  minorities322.  The  UN 
Committee  on  the  Elimination  of  Racial  Discrimination  addressed  recommendations  to 

309  Council  of  Europe  (2024),  Supervision  of  the  execution  of  judgments  decisions  of  the  European  Court  of 

Human Rights – 17th Annual Report of the Committee of Ministers – 2023, p. 138.  

310  Data according to the online database of the Council of Europe (HUDOC). 
311  Global Alliance of National Human Rights Institutions (GANHRI), Sub-Committee on Accreditation (SCA) 
(2024),  Accreditation  Report  –  April  2024.  The  periodic  accreditation  of  the  Portuguese  NHRI  was 
considered by the SCA in April 2024.  

312  2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 24. 
313  Information received from the Office of the Ombusdperson in the context of the country visit to Portugal. 
314  Contribution  from  the  European  Network  of  National  Human  Rights  Institutions  (ENNHRI)  for  the  2024 

Rule of Law Report, p. 414. 

315  Information received from the Office  of the Ombusdperson  in the context of the country visit to Portugal. 
See also Office of the Ombusdperson, Press release of 16 November 2023. Contribution from the European 
Network of National Human Rights Institutions (ENNHRI) for the 2024 Rule of Law Report, pp. 413-414. 
316 Information received from the Office of the Ombusdperson in the context of the country visit to Portugal. See 

also 2023 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 24. 

317  Full  report  available  at:  provedor-jus.pt/documentos/Relatório_Atendimento  ao  Cidadão.pdf.  Contribution 
from  the  European  Network  of  National  Human  Rights  Institutions  (ENNHRI)  for  the  2024  Rule  of  Law 
Report, p. 416. 

318  Full 

report 

https://www.provedor-
also 
jus.pt/documentos/Relat%C3%B3rio%20Tem%C3%A1tico%20sobre%20a%20PSP.pdf. 
See 
contribution  from  the  European  Network  of  National  Human  Rights  Institutions  (ENNHRI)  for  the  2024 
Rule of Law Report, p. 416. 

available 

at: 

319  Full report available at: https://www.provedor-jus.pt/documentos/Relat%C3%B3rio%20SEF072023.pdf. 
320  Contribution  from  the  European  Network  of  National  Human  Rights  Institutions  (ENNHRI)  for  the  2024 

Rule of Law Report, pp. 415-416. 

321  Rating by CIVICUS; ratings are on a five-category scale defined as: open, narrowed, obstructed, repressed 

and closed. 

322  Contribution from Front Line Defenders for the 2024 Rule of Law Report, p. 2. See also 2022 Rule of Law 

Report, Country Chapter on the rule of law situation in Portugal, p. 23. 

31 

 
 
Portugal in this regard, particularly regarding the protection of human rights’ defenders and 
the accountability of perpetrators323. The Government has set up several initiatives in the area 
of migration and minorities rights in which the participation of civil society organisations is 
envisaged324.  Stakeholders  report  an  increase  in  the  number  of  funding  opportunities 
launched by the Government in 2023, although these remain mostly project-based and driven 
by pre-established priorities325.  

323  United  Nations  Committee  on  the  Elimination  of  Racial  Discrimination,  ‘Concluding  observations  on  the 
combined  eighteenth  and  nineteenth  periodic  reports  of  Portugal  -  CERD/C/PRT/CO/18-19’,  para.  38; 
Contribution from United Nations Human Rights Regional Office for Europe (OHCHR) for the 2024 Rule of 
Law Report, pp. 73-74. 

324  In particular the creation of the new Agency for Integration, Migrations and Asylum, the National Plan for 
the Implementation of the Global Pact on Migration, and the National Strategy for the Integration of Roma 
Communities (input from Portugal for the 2024 Rule of Law Report, pp. 23-24). 

325  Information received from the Platform of Development Non-Governmental Organisations in the context of 

the country visit to Portugal. 

32 

 
 
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2024 Rule of Law report 
can 
https://commission.europa.eu/publications/2024-rule-law-report-targeted-
stakeholder-consultation_en. 

found 

be 

at 

Advocatus (2024), ‘Operação Marquês. Court of Appeal rules on the time barring of 22 crimes’, 28 
January 2024. 

Cabinet of the Prosecutor General, Press release of 7 November 2023. 

Cabinet of the Prosecutor General, Press release of 16 February of 2024. 

Centre for Media Pluralism and Media Freedom,  Monitoring Media Pluralism in the Digital Era in 
the year 2022 (2023) Country report: Portugal. 

CES (2023), ‘National Enquiry on the Work and Living Conditions of Legal Clerks in Portugal’. 

Civicus (2024), Monitor tracking civic space – Portugal https://monitor.civicus.org/country/portugal/. 

Congress  of 
(2024),  Conclusions  of 
https://congressojornalistas.pt/destaque/resolucao-final-do-5o-congresso-dos-jornalistas/ .  

the  5th  Congress  of 

Journalists 

Journalists, 

CNN  (2023),  PSD  confirms  searches  in  national  and  Porto  headquarters,  PSD  confirma  buscas  à 
sede nacional e à sede do Porto – CNN Portugal (iol.pt). 

Coroado,  S.  (2022),  The  new  anticorruption  law  in  Portugal:  from  a  failed  past  into  an  uncertain 
future. La Ley compliance penal, 5. 

Council of Bars and Law Societies of Europe (2024), Contribution from the Council of Bars and Law 
Societies of Europe (CCBE) for the 2024 Rule of Law Report. 

Council of Europe (2024), Supervision of the execution of judgments decisions of the European Court 
of Human Rights – 17th Annual Report of the Committee of Ministers – 2023. 

Council  of  Europe:  Committee  of  Ministers  (2000),  Recommendation  CM/Rec(2000)19  of  the 
Committee of Ministers to Member States on the Role of Public Prosecution in the Criminal Justice 
System. 

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

Council  of  Europe:  Committee  of  Ministers  (2017),  Legal  regulation  of  lobbying  activities  in  the 
context  of 
the  public  decision  making,  Recommendation  CM/Rec(2017)2  and  explanatory 
memorandum. 

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

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evolution  of  the  Councils  for  the  Judiciary  and  their  role  in  independent  and  impartial  judicial 
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Constitution (CDL-AD(2020)035-e). 

33 

 
Council of the European Union (2021), Council implementing decision (10149/21) on the approval of 
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Decree-Law No. 42-A/2016, of 12 August https://www.fundoambiental.pt/home.aspx 

Decree-Law no. 109-E/2021, of 9 December. 

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a que lei já obriga (dn.pt). 

Directive 1/2023 of 14 December 2023. 

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Eco  (2024),  Marcelo  defends  that  leaks  are  ‘important  point’  of  the  reform  of  the  sector,  Marcelo 
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participation of citizens and civil society organisations in a democracy (C/2023/8627 final). 

(2023),  Recommendation  on  promoting  engagement  and  effective 

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19808/08. 

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(2023),  Constitutionalists 

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Governo-52d63701. 

about  Government 

raise  “doubts” 

questionnaire 

Expresso  (2024),  3718  days  of  Operação  Marquês:  the  long  chronology  of  a  complex  case  that 
started  with  a  mediatic  detention  at  the  airport,  Os  3718  dias  da  Operação  Marquês:  a  longa 
cronologia de um caso complexo que começou numa detenção mediática no aeroporto - Expresso. 

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(SCA) (2017), Accreditation Report – November 2017. 

34 

 
GRECO (2015), Fourth Evaluation Round – Evaluation report on Portugal on preventing corruption 
in respect of members of parliament, judges and prosecutors. 

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preventing corruption in respect of members of parliament, judges and prosecutors. 

GRECO  (2024)  Fifth  Evaluation  Round  –  Evaluation  Report  on  Portugal  on  Preventing  corruption 
and  promoting  integrity  in  central  governments  (top  executive  functions)  and  law  enforcement 
agencies. 

Law No. 52/2019 of 31 July. 

Law No. 93/2021, of 20 December. 

Law No. 25/2024, of 20 February, amending Law 52/2019 (Regime for the exercise  of functions by 
political and high public office holders). 

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Européens pour la Démocracie et les Libertés (MEDEL) – Portugal for the 2024 Rule of Law Report. 

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Portugal" (sapo.pt). 

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and 
https://observador.pt/2023/07/14/ps-quer-clarificar-que-lei-permite-
partilha-de-recursos-entre-partidos-e-grupos-parlamentares/. 

parliamentary 

groups 

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Office 
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in project she championed - Portugal Resident. 

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35 

 
Portuguese  Government 
(https://www.portugal.gov.pt/gc24/programa-do-xxiv-governo-pdf.aspx). 

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(2024), 

the  XXIV  Constitutional  Government’ 

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AAA%3d). 

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corruption measures launched in 2021 were never evaluated | Corruption | PUBLIC (publico.pt). 

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República | PÚBLICO (publico.pt). 

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criticas-a-atuacao-da-pgr_a1529226.  

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(2023),  PS  will  propose  an  amendment 

RTP 
https://www.rtp.pt/noticias/politica/ps-vai-propor-alteracao-a-lei-de-financiamento-dos-
partidos_v1500064 . 

law  on  party 

the 

to 

financing 

36 

 
RTP (2023), The Attorney General's Office recognises that Operation Tutti Frutti has not advanced 
further  due  to  lack  of  resources  https://www.rtp.pt/noticias/pais/pgr-reconhece-que-operacao-tutti-
frutti-nao-avancou-mais-por-falta-de-recursos_v1490774 . 

SIC  Notícias  (2023),  Legalising  lobbying?  Operation  Influencer  brings  the  issue  back  into  debate 
https://sicnoticias.pt/pais/2023-11-14-Legalizacao-do-lobbying--Operacao-Influencer-faz-tema-voltar-
ao-debate-0d05b3e3. 

SIC  Notícias  (2024),  BE  wants  to  hear  PG  in  Parliament  on  the  Prosecution  activities  report,  BE 
quer  ouvir  PGR  no  Parlamento  sobre  relatório  de  atividades  do  Ministério  Público  -  SIC 
Notícias (sicnoticias.pt). 

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Conselho Suprerior dos Tribunais Administrativos e Fiscais. 

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transparency in the governance of the Environmental Fund https://transparencia.pt/ti-portugal-apela-
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Human Rights Regional Office for Europe (OHCHR) for the 2024 Rule of Law Report. 

37 

 
 
 
Annex II: Country visit to Portugal 

The Commission services held virtual meetings in February 2024 with: 

ICNOVA – Nova University of Lisbon 
Inspectorate-General of Finance 

•  Bar Association 
•  Business Roundtable Portugal 
•  Central Department of criminal action and investigation (DCIAP) 
•  Constitutional Court 
•  Court of Audit 
•  Criminal Police (Polícia Judiciária) 
•  High Council for the Administrative and Tax Courts 
•  High Council for Public Prosecution 
•  High Council for the Judiciary 
• 
• 
•  Journalists’ Professional License Committee  
•  Journalists’ Union 
•  Judges Union (ASJP) 
•  Media Authority – Regulatory Entity for Social Communication 
•  MENAC 
•  Ministry of Foreign Affairs 
•  Ministry of Justice 
•  Observatory of Economy and Fraud Management  
•  Office of the Prosecutor General 
•  Office of the Ombudsperson 
•  Platform of NGOD 
•  Prosecutors Union (SMMP) 
•  RTP – Radio and Television of Portugal 
•  Secretariat General of the Presidency of the Council of Ministers 
•  Services of the Assembly of the Republic 
•  Supreme Administrative Court 
•  Supreme Court of Justice 
•  Transparency Entity 
•  Transparency International – Portugal  
•  Union of ‘Funcionários Judiciais’ 
•  Union of ‘Oficiais de Justiça’ 

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

•  Amnesty International EU 
•  Centre for Democracy and Technology Europe  
•  Centre for European Volunteering 
•  Civil Liberties Union for Europe 
•  Civil Rights Defenders 

38 

 
 
•  Civil Society Europe 
•  Culture Action Europe 
•  Democracy Reporting International 
•  European Centre for Non-Profit Law 
•  European Civic Forum 
•  European Federation of Journalists  
•  European Partnership for Democracy 
•  European Youth Forum 
•  Free Press Unlimited 
• 
• 
• 
• 
•  JEF Europe 
•  Open Society Foundations 
•  Philanthropy Europe Association 
•  PICUM 
•  Reporters Without Borders 
•  SOLIDAR 
•  Transparency International EU 

International Federation for Human Rights 
International Planned Parenthood Federation 
International Press Institute  
Irish Council for Civil Liberties 

39