EUROPEAN COMMISSION

Brussels, 5.7.2023

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COMMISSION STAFF WORKING DOCUMENT

2023 Rule of Law Report






Country Chapter on the rule of law situation in Portugal

Accompanying the document

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS

2023 Rule of Law Report























The rule of law situation in the European Union

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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 Auditors 1 . The High Council for the Judiciary, the High Council for Administrative and Tax Courts and the High Council for the Public Prosecution exercise disciplinary action over the respective magistrates and are entrusted with relevant managerial functions. Furthermore, they are competent to nominate, transfer and promote judges and prosecutors. Judges and prosecutors are appointed by the respective Council, following an open competition and according to the grades obtained in mandatory training courses at the Centre for Judicial Studies. The public prosecution service is independent from the judicial power and operates autonomously from the executive branch. It has its own governance system in which the Prosecutor General’s Office is the highest body. Portugal participates in the European Public Prosecutor’s Office (EPPO). The Bar Association is an independent legal entity governed by public law and, in the exercise of its public powers, performs regulatory functions.

Independence

The level of perceived judicial independence in Portugal continues to be average among the general public and is now average among companies. Overall, 49% of the general population and 45% of companies perceive the level of independence of courts and judges to be ‘fairly or very good’ in 2023 2 . According to data in the 2023 EU Justice Scoreboard, no clear trend can be identified in the evolution of the perceived level of independence among the general public since 2016. Nevertheless, the perceived judicial independence among the general public has increased in comparison with 2022 (47%), as well as with 2016 (33%). The perceived judicial independence among companies has increased in comparison with 2022 (39%), as well as with 2016 (35%).

There has been significant progress to strengthen the transparency of allocation of cases, as new implementing regulation has been adopted. The 2022 Rule of Law Report recommended to Portugal to ‘Continue the efforts to strengthen the transparency of allocation of cases’ 3 . As noted in the 2022 Rule of Law Report, in August 2021, new legislation came into force introducing control mechanisms applicable to the electronic allocation of cases, both in civil and administrative and tax courts 4 . However, the application in practice of these control mechanisms awaited an implementing regulation, which has been prepared and came into force in May 2023 5 . The Government had previously indicated that a revision of the regime introduced in 2021 was under consideration 6 , which could have an impact on the implementing regulation, but this option was finally not pursued. Nevertheless, stakeholders have raised concerns regarding the new implementing regulation, warning of the excessive bureaucratic burden attributed to courts, calling for close monitoring of the new regime 7 . The Ministry of Justice has announced that current system will be subject to an evaluation six months after the beginning of its implementation 8 . As the preparation of the implementing regulation has been finalised, and it will allow the application of the system of allocation of cases, the application of which will continue to be monitored, there has therefore been significant progress on the implementation of the recommendation made in the 2022 Rule of Law Report 9 .

The High Council for the Judiciary has launched a reflection on the need to regulate ‘revolving doors’ in the judiciary. In July 2022, the High Council for the Judiciary created a working group to consider the issues related to the temporary exercise of political and public offices by judges, as well as the subsequent return to judicial functions 10 . The working group was also tasked with proposing amendments to the current legal regime on impediments, incompatibilities and secondments provided for in the Statute of Judicial Magistrates. This reflection stems from the number of judges seconded to non-judicial functions, including political offices, which also raises concerns regarding the management of human resources in courts 11 . The working group has finalised a proposal to amend the Statute of Judges, which was approved by the Plenary of the Council on 8 March 2023 12 . This proposal includes, among others, the creation of the legal figure of ‘unpaid leave’, the reduction of the maximum time limit for secondments, and the introduction of ‘cooling-off periods’ 13 . These changes are expected to reduce the possibility for judges who are not exercising judicial functions for prolonged periods to meet the legal requirements 14 for appointment to the Supreme Court, a circumstance that has been criticised 15 . The High Council for the Judiciary has also called for the revision of the regime governing its organisation and functioning 16 , in order to ensure alignment with the new competences it was assigned following the adoption the new Statute of Judges in 2020 17 . However, no follow-up has been given to the proposals presented by the Council 18 .

The regime of judicial impediments has been amended to revert to the previous system. As noted in the 2022 Rule of Law Report 19 , the new grounds for judicial impediments introduced in the 2021 reform of the criminal procedure led to significant criticism 20 . The new provisions on judicial impediments were, however, revoked, as the Parliament, following a legislative proposal of the Government, approved amendments to the Code of Criminal Procedure which reinstated the previously applicable system 21 . Stakeholders assess this development as positive 22 . However, concerns remain with regards to instances of abuse of procedural acts in criminal procedures, which lead to delays, particularly in complex procedures, commonly referred to as ‘mega procedures’ 23 . Stakeholders have called for a revision of the criminal procedural law, with a view to avoid the use of procedural acts with merely dilatory purposes 24 .

The framework regulating the functioning of the High Council for Administrative and Tax Courts has been finalised. The 2022 Rule of Law Report recommended to Portugal to “[c]ontinue the efforts to […] finalis[e] the legislative framework for the functioning of the High Council for Administrative and Tax Courts” 25 . As stated in the 2022 Rule of Law Report 26 , the finalisation of the legislative framework regulating the functioning of the High Council for Administrative and Tax Courts had been pending since its creation, in 2004. On 10 January 2023, the Minister of Justice announced a new legislative package which includes a draft decree-law 27 which, if approved, would establish the administrative and financial autonomy of the High Council, and define the organisation of its services 28 . The draft decree-law also foresaw that the High Council of the Administrative and Tax Courts would be assigned its own human resources 29 , thus no longer depending on the secondment of resources by the Supreme Administrative Court and on the support of member of the Cabinet of the President of the Supreme Administrative Court 30 . The Decree-Law was finally adopted on 5 May 2023 and came into force on 1 June 2023 31 . The reform is assessed positively by stakeholders 32 . As concrete steps have been taken in the preparation of the framework regulating the functioning of the High Council for Administrative and Tax Courts, and the respective legislative procedure is finalised, it is considered that the recommendation made in the 2022 Rule of Law Report on this aspect has been fully implemented.

New judges were appointed to Constitutional Court following prolonged delays. The Constitutional Court is composed of 13 judges, 10 of which are selected and appointed by Parliament, and the remaining 3 judges are co-opted by the judges appointed by Parliament 33 . Judges of the Constitutional Court serve a non-renewable term of nine years. Whereas a procedure for the co-optation of one judge had been initiated in 2022, the candidate proposed did not gather support to ensure appointment 34 , and new procedures for appointment were not initiated until April 2023. On 14 April 2023, the judges appointed by Parliament co-opted three new judges 35 . At the time of the vote, the terms of office of all the three co-opted judges had already expired 36 , including those of the President and of the Vice-President. The situation of standstill led to public debate, with the then President of the Constitutional Court defending that a revision of the constitutional provision governing the system of appointment could be necessary to unblock the situation 37 . Pending the new appointments, the full composition of the Constitutional Courts remained ensured, as the judges whose term expired remained in function ad interim. While there is no legal deadline to initiate the co-optation procedure 38 , it was an important step to proceed with the appointments 39 . As recalled by the Venice Commission, the existence of anti-deadlock mechanisms, such as continuation in function ad interim, in order to ensure the functioning of state institutions, should not act as a disincentive to reaching an agreement 40 .

Lawyers have raised concerns regarding the respect for their legally recognised rights and privileges. Concerns have emerged regarding instances of lawyers being denied their professional rights and privileges, including, among others, the respect for the right to secrecy of communication 41 and the right of access to information, by public administration and courts 42 . Several judicial cases in which lawyers invoke the violation of their rights and privileges are currently pending 43 . In order to better deal with the increasing complaints received from legal counsels, the Bar Association has created a dedicated Commission to deal with matters pertaining to the protection of rights and privileges of lawyers. The Bar Association has also raised concerns regarding the impact of the draft law on professional associations on the independence of lawyers 44 . Following the request for preventive constitutional review submitted by the President of the Republic, the Constitutional Court found the draft provisions to be compatible with the Constitution 45 .

Quality

There has been some progress to ensure adequate human resources of the justice system, although the Government has initiated new recruitment procedures. The 2022 Rule of Law Report recommended to Portugal to “Continue the efforts to ensure adequate human resources of the justice system” 46 . The Government opened competitions for the recruitment of 135 new magistrates in 2023 for the judiciary and the prosecution service 47 . Over 100 new candidate magistrates have started their initial training in 2023 48 . Despite the significant expected reinforcement, concerns remain that this increase may not be sufficient to completely address the needs of the system 49 . In particular, a remaining shortage of prosecutors is reported to affect the effective prosecution of corruption cases 50 . There are also several instances of vacancies in higher courts 51 , for which competitions are ongoing 52 . Moreover, stakeholders report that the lack of non-judicial staff remains particularly critical 53 , with an impact on the efficiency of justice 54 . In particular, according to a study conducted by the prosecution service, there is an estimated deficit of over 500 clerks in prosecution offices, which would contribute to delays in the execution of administrative procedural acts 55 . Concerns have also been raised due to the average age of the non-judicial staff, which is expected to lead to a high number of retirements in the next years, which, added to the fact that there have been no new recruitments in the recent years, may lead to an even higher shortage 56 . Judicial clerks’ unions have raised concerns regarding workload, low salaries and lack of update of the statute of legal clerks, which have led them to initiate a strike 57 . The Government has acknowledged these challenges and has initiated a competition for the recruitment of 200 new legal clerks 58 . Nevertheless, stakeholders highlighted that the lack of attractiveness of the career due to low salaries 59 and challenging working conditions can deter applicants 60 . Difficulties have also been reported regarding the recruitment of technical advisors for court offices, with fewer advisors being recruited than the number of vacancies available 61 . In this context, it is to be noted that, according to European standards, a sufficient number of judges and appropriately qualified support staff should be allocated to the courts 62 . While steps are being taken to address the shortage of resources of the justice system, further action remains outstanding in order to fully address this issue, in particular concerning the situation of non-judicial staff. Therefore, there has been some progress in addressing the recommendation made in the 2022 Rule of Law Report.

The efforts to further improve the digitalisation of the justice system continue, with a particular focus on improving accessibility for citizens. The use of digital technology by courts and prosecution continues to be widespread 63 , and digital solutions are in place which allow to initiate and follow proceedings in civil, commercial and administrative cases 64 . However, gaps remain regarding the general public’s online access to judgments 65 and the arrangements for producing machine-readable judicial decisions 66 . Efforts are being made to improve this situation, and in first instance Administrative and Tax Courts a programme to ensure anonymisation is being developed in cooperation with Ministry of Justice. In higher Administrative and Tax Courts, anonymisation and pseudonymisation assisted by an algorithm, supervised by human means, has been put in place 67 . The Government also announced the roll-out of several projects aimed at improving the use of digital technologies, which include the provision of multimedia guides supporting the electronic interaction of citizens with courts, also regarding the online consultation of cases, as well as the completion and submission of applications, and the improvement of the interoperability among public services 68 . As mentioned in the 2022 Rule of Law Report 69 , new digital platforms for procedural acts to be performed by magistrates are in preparation and are expected to become operationalised in 2023 70 . However, the High Council for the Judiciary has called for the ownership and control of the digital platform for the electronic management and processing of legal proceedings to be transferred from the Ministry of Justice to the judiciary 71 .

A new training centre for judicial professions has been created. The initial and continued training of magistrates 72 is ensured by the Centre for Judicial Studies, which is an autonomous entity functioning under the Ministry of Justice. While until now all the training sessions took place exclusively in the premises of the Centre for Judicial Studies, located in Lisbon, a new training centre has been created in Vila do Conde, a city located in the north of the country. This measure aims in particular to attract more applicants to the initial training of magistrates 73 . This measure is positively assessed by the High Council for the Public Prosecution, as it is considered that the current centralisation of the training in the capital acts as a deterrent to new candidates 74 . Regarding training of prosecutors, a new regulation establishing the rules and criteria for continued and international training has been approved by the High Council for the Public Prosecution 75 .

Efficiency

The efficiency of the justice system shows some improvement although challenges remain. The 2021 and 2022 Rule of Law Reports took note of some improvements regarding the efficiency of the justice system, while highlighting persisting challenges 76 . Data show that the disposition time for civil and commercial cases registered a decrease in all instances 77 , and that the clearance rate increased and rose above 100% in first instance 78 . In administrative cases, the disposition time has also decreased in all instances 79 , while remaining high, in particular in second instance, where it remains above 830 days 80 . Although the number of pending administrative cases in first instance remains high 81 , the rate of resolving remains above 100%, despite a slight decrease 82 . Portugal remains under enhanced supervision by the Committee of Ministers of the Council of Europe for the excessive length of proceedings before both civil and administrative jurisdictions 83 . 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 84 , which has not yet been examined by the Committee.

There has been some progress in increasing the efficiency of Administrative and Tax Courts, as new measures are being discussed. The 2022 Rule of Law Report recommended to Portugal to “Continue the efforts to ensure adequate human resources of the justice system and to improve its efficiency, in particular of Administrative and Tax Courts” 85 . As mentioned in the 2022 Rule of Law Report 86 , a working group was created in 2021 with the task of assessing and proposing strategies to increase the efficiency of Administrative and Tax Courts. The working group presented two reports proposing measures, some of which are already being implemented by the Government, including in relation to the extension of the digital platform for the electronic management and processing of legal proceedings to higher Administrative and Tax Courts 87 . A new working group was created in June 2022, which presented, in September 2022, a new action plan 88 . The Government is considering some of the measures proposed in this action plan, in particular regarding the simplification of the procedure in Administrative and Tax Courts 89 , but draft legislation has not yet been discussed in Council of Ministers 90 . The judges’ union has also created a working group that presented a report with detailed suggestions for the reform of Administrative and Tax Courts 91 . The Portuguese Recovery and Resilience Plan includes measures aimed at increasing the efficiency of Administrative and Tax Courts 92 , among which the creation of specialised sub-sections in the second instance Administrative and Tax Courts. A draft law is currently under discussion in Parliament 93 . The Government has also presented draft legislation for the creation of a new second instance Administrative and Tax Court, which is currently pending in Parliament 94 . While it is acknowledged that the Government is taking steps to improve the efficiency of Administrative and Tax Courts, significant work remains outstanding, including regarding the approval and implementation of the legislative acts prepared. Therefore, there has been some progress in addressing the recommendation made in the 2022 Rule of Law Report.

II.Anti-Corruption Framework 

The institutional anti-corruption framework in Portugal has undergone major changes. The National Anti-Corruption Mechanism (MENAC) established in 2021 has been instated on 6 June 2023 95 . It is expected to contribute to improving the prevention capacity by taking over the tasks of the former Council for the Prevention of Corruption that previously operated under the Court of Auditors. The Transparency Entity 96 , established in 2019 and tasked with monitoring and verifying declarations of assets and interests of political office-holders and high-ranking appointed officials, is expected to start operating in the second quarter of 2023, as soon as the logistical issues linked with the new headquarters is settled. The Central Department of Criminal Investigation and Penal Action (DCIAP), established within the Public Prosecutors Service, is in charge of the investigation and prosecution of serious offences, including corruption and economic and financial crimes, and coordinates the inquiries that are carried out by the National Unit for Combating Corruption (UNCC), an investigative unit of the Criminal Police 97 .

The perception of public sector corruption among experts and business executives is that the level of corruption in the public sector remains relatively low. In the 2022 Corruption Perceptions Index by Transparency International, Portugal scores 62/100 and ranks 13th in the European Union and 33rd globally 98 . This perception has been relatively stable 99 over the past five years 100 . The 2023 Special Eurobarometer on Corruption shows that 93% of respondents consider corruption widespread in their country (EU average 70%) and 54% of respondents feel personally affected by corruption in their daily lives (EU average 24%) 101 . As regards businesses, 85% of companies consider that corruption is widespread (EU average 65%) and 57% consider that corruption is a problem when doing business (EU average 35%) 102 . Furthermore, 28% of respondents find that there are enough successful prosecutions to deter people from corrupt practices (EU average 32%) 103 , while 17% of companies believe that people and businesses caught for bribing a senior official are appropriately punished (EU average 30%) 104 .

While the National Anti-Corruption Strategy for 2020-2024 is being implemented, its success also depends on the progress regarding effective functioning of MENAC. As reported in the 2022 Rule of Law Report, a set of measures aimed at preventing and fighting corruption in both the public and private sectors was adopted in 2021 in order to implement the Anti-Corruption Strategy 105 . This Strategy can only be fully implemented once the MENAC is fully operational, as it is partly based on its new functions. Moreover, the efficiency of the implementation will largely depend on the resources allocated to the institutions responsible for investigation, prosecution, and adjudication of corruption cases under the new regime 106 . EUR 64 million are being invested for the direct or indirect reinforcement of the fight against corruption and economic and financial crime by 2026 107 . In relation to the National Anti-Corruption Strategy, the OECD formulated conclusions on coverage 108 , quality 109 and extent to which the national strategy was consistently developed in an inclusive and transparent manner 110 .

Major changes in the institutional set up regarding anti-corruption were carried out, with significant progress in relation to the full operationalisation of MENAC. The 2022 Rule of Law Report recommended to Portugal to “[…] ensur[e] the swift operationalisation of the New Anti-Corruption Mechanism” 111 . The MENAC 112 , established in June 2022, is an independent entity with administrative and financial autonomy, whose mission is to promote transparency and integrity in public action and to ensure the effectiveness of policies to prevent corruption and related offences 113 . MENAC, instated on 6 June 2023 114 , has a budget of its own, with an estimated EUR 2,1 million in the State budget for 2023 115 . The MENAC Strategic Plan 2023-2025 and Activity Plan for 2023 were approved by the MENAC President on 25 January 116 . The Advisory Council met for the first time in September 2022 and the Monitoring Committee met in October 2022 117 . In December 2022, MENAC launched a first awareness-raising campaign on the prevention of corruption 118 . The coordination of anti-corruption activities among different public bodies, as well as the taking up of new tasks such as sanctioning powers, is likely to be challenging for MENAC in the context of the numerous tasks to be carried out by a relatively limited number of staff. Nevertheless, its functioning is expected to improve the implementation of a series of actions in this area, in particular regarding and monitoring of the implementation of the general regime for the prevention of corruption and conflicts of interest 119 . As a result, both public and private entities will be put under MENAC mandatory compliance and preventive tools. In its supervision of public entities, MENAC will need to rely on the inspector‐generals from various ministries (or equivalent entities) as well as the regional inspectors of Azores and Madeira to ensure that they fulfil their obligations stemming from the legislation. Despite the legal obligation, it is not clear how MENAC will supervise and enforce the applicable rules in relation to private companies and similar legal entities in practical terms, as the inspector-generals from the public sectors do not have the enforcement capacity over the private sector. While the MENAC already has its own budget and has been instated in June 2023, there are still some operational aspects to be implemented. As a result, there has been significant progress in addressing the recommendation.

Some progress has been made with the announced measures to ensure sufficient resources for preventing, investigating and prosecuting corruption. The 2022 Rule of Law Report recommended to Portugal “to ensure sufficient resources for preventing, investigating and prosecuting corruption” 120 . Stakeholders continue to report that the lack of resources at the level of the police and prosecution services remains an obstacle to prosecution of corruption-related cases 121 . Several high-level corruption-related cases are ongoing 122 . The authorities report that while the number of cases decreased, their complexity remains a challenge, especially in view of scarce resources 123 . In 2021, 20 convictions for corruption-related cases were issued (in comparison to 92 in 2020 and 88 in 2019) 124 . The Prosecutor’s Office informed on almost 4 000 new investigations in 2022 125 . At the same time, a series of recruitments meant to address the resources issue took place or have been launched 126 . During 2022, 197 new inspectors entered the National Anti-Corruption Unit of the criminal police (100 in March 2022 and 97 in September 2022). A competition for 65 forensic specialists is currently being carried out 127 . In the context of the National Anti-Corruption Strategy and the measures to strengthen the fight against corruption, fraud and economic and financial crime, the programme for recruiting staff for criminal investigation careers, specialists in the forensic and security field of the Criminal Police, was approved for the five-year period from 2022 to 2026 128 . As a result, by 2026, another 1 100 new posts are expected to be created for strengthening criminal investigation, forensic and security careers in the Criminal Police. 129 . The Inspectorate-General of Finance (IGF) has faced a progressive decrease of human resources (from 2015 to 2022 there has been a 13% reduction of staff while there has been a small increase of 1.8% in budget from 2021 to 2022) 130 , but 20 new additional inspectors have been recruited in 2022 and additional 20 inspectors are to be recruited in 2023 131 . Overall, various measures ensuring the necessary resources to the relevant authorities have been announced, but not yet fully introduced in practical terms. Therefore, there has been some progress in addressing the recommendation on the need to ensure sufficient resources for preventing, investigating and prosecuting corruption including by ensuring the swift operationalisation of the New Anti-Corruption Mechanism. 

The treatment of foreign bribery cases raises concerns. According to the OECD, detection of foreign bribery cases remains low and authorities prematurely closed cases without investigating relevant allegations thoroughly and proactively. Also, the OECD raised a long-standing call regarding the legal framework and considered also that the sanctions for foreign bribery against natural and legal persons do not appear effective, proportionate or dissuasive 132 . The authorities report a few cases under investigation and two convictions on foreign bribery up until now. In 2022, Transparency International identified issues related to lack of resources, lack of expertise in economic crimes and slowness of the judicial system in dealing with cases of corruption in international trade 133 . As a result, Portugal has been downgraded from ‘moderate oversight’ to ‘limited oversight’ in comparison to the assessment of 2020.

Concerns remain regarding the application and monitoring of rules on conflict of interests for high-level officials of the Parliament. The Parliamentary Working Group on the Application of the Code of Conduct assessed the application of the code 134 with regards to the acceptance of hospitalities, both national and foreign, and their registration by Members of Parliament 135 . It concluded that very few Members of Parliament registered accepted hospitalities, despite the obligation to do so 136 . Cases of MPs in a situation of potential conflicts of interest keep arising even when declarations were provided 137 . So far, the GRECO call for adequate supervisory mechanisms, including sanctions for improper acts, which are not envisaged in the Code of Conduct for the Members of Parliament, remains partially unaddressed 138 .

Limitations concerning rules on ‘revolving doors’ remain unaddressed. As regards the rules on ‘revolving doors’, there has been no progress in addressing the issue of monitoring breaches of post-employment restrictions, which creates concerns as to their enforcement 139 . Currently, the rules on revolving doors are only applicable to the Government and nine independent regulatory agencies 140 . Despite a commitment from the Anti-Corruption Strategy to change the current rules 141 , no initiative in this regard is currently envisaged 142 . There have been cases of persons moving between political office and private companies, and between regulators and the financial sector. Such cases are not covered by the current rules 143 .

Integrity issues with regard to Government officials are still under the spotlight. In May 2022, a Code of Conduct was approved for the new Government that took office in March 2022 144 . It offers guidelines on gifts and hospitality, conflicts of interests and the use of public resources but it does not provide for any enforcement mechanism in cases of breaches of the rules 145 . Despite the guidelines, the declaration of gifts and hospitality remains an issue for some high-level Government officials 146 . In January 2023, following a series of high-profile cases involving Government officials and several ongoing criminal investigations in relation to integrity issues, the Government introduced an integrity questionnaire before appointments to the cabinet. The purpose is to collect information on the basis of a questionnaire with 36 questions about potential conflicts of interest, criminal investigations, and assets, which covers the last three years of activities and extends to family members 147 . The impact of the questionnaire remains doubtful in terms of preventing any reputational risks since, as stressed by the authorities, it is not meant to prevent the candidates from joining the Government 148 . It remains, therefore, unclear how the answers to the questionnaire are to be interpreted in terms of ethical standards and what follow-up will be given to it. Some members of Parliament insist that the integrity questionnaire should also be applicable to the current Government, the Government has informed that it is applicable only to the future government members and not the current ones 149 . 

There has been some progress in ensuring the operationalisation of the Transparency Entity. The 2022 Rule of Law report recommended to Portugal to “ensure the start of operations of the Transparency Entity in view of effective monitoring and verification of asset declarations” 150 . The reform to entrust monitoring and verification of asset declarations of political and senior public officials to the Transparency Entity, established in 2019 151 , has not yet been finalised. This delay has also been raised by GRECO 152 . On 15 February 2023, three members of the Transparency Entity took office 153 and the digital platform to handle asset declarations is at the final testing phase 154 , expected to be completed in the second quarter of 2023 155 . However, the Entity’s headquarters have not been installed due to the necessary renovation works, despite repeated calls from the Constitutional Court for the situation to be addressed 156 . The Government expects to achieve progress as regards the operationalisation of the Transparency Entity in the second quarter of 2023 157 . As a result, the verification of declarations on paper is still being conducted by the representative of the public Prosecution in the Constitutional Court, which raised concerns as to efficiency and completeness 158 . In view of the above, some progress has been made on the recommendation to ensure the start of operations of the Transparency Entity.

Discussions on the new bill concerning regulation of lobbying started in the Parliament. While the resolution 159 implementing a pilot project of ‘legislative footprint’ stemming from the National Anti-Corruption Strategy was completed in 2022, there has been so far no report on its implementation. The Government plans to submit the follow-up project to the Council of Ministers but there is no timeline for such a submission 160 . The discussions on the regulation of lobbying have been initiated by parliamentary groups, although the success of the future legislation based on the current legislative bills remains unclear 161 . The future legislation is expected to address concerns raised by GRECO on the need to clarify the scope of permissible contacts between members of Parliament and third‑party interests 162 .

Implementation of the new legislation on the protection of whistleblowers is ongoing. New rules 163 were introduced on 20 December 2021 with the aim to align national legislation with the Whistleblowers Directive 164 . MENAC is expected to have a central role in enforcing and sanctioning non-compliance with the general regime for the protection of whistleblowers 165 . Currently, all entities concerned have internal reporting channels and follow-up on reports of corruption and related offences. In 2022, the IGF’s reporting channels became operational, as a team was set-up to monitor and deal with complaints of infringements and a specific training in this regard was provided to all IGF staff 166 .

Efforts are being made to improve the gaps in the public procurement sector. Public procurement remains a risk area for corruption. The Flash Eurobarometer on Businesses’ attitudes towards corruption in the EU shows that 25% of companies in Portugal (EU average 26%) think that corruption has prevented them from winning a public tender or a public procurement contract in practice in the last three years 167 . As part of implementing the 2015 Budgetary Framework Law, Portugal plans, among others, to adopt new procurement models for the central public procurement system 168 . The OECD is currently carrying out a project with the Court of Audit in order to strengthen its auditing capacities and risk analysis with a focus on the Government’s public procurement activity 169 . The project seeks to improve the Court’s use of artificial intelligence and machine learning to assess risks of irregularities in public procurement. The project will result in an analytical tool for leveraging new procurement data sources and a report with recommendations to support the Court of Audit to effectively implement the new framework 170 .

III.Media Pluralism and Media Freedom

The fundamental principles underpinning media freedom and pluralism are anchored in the Portuguese Constitution 171 and a comprehensive legal framework exists to protect journalists in the exercise of their profession 172 . The establishment of an independent regulatory body is also mandated in the Constitution 173 . A solid legal framework 174 is in place regarding the transparency of ownership across all media markets. Access to information and documents held by public authorities is safeguarded through legislation 175 . No major legislative developments have taken place since the publication of the 2022 Rule of Law Report.

The Regulatory Authority for the Media maintains its central role as regards media freedom and pluralism, although concerns are voiced regarding resources. The regulatory authority (Entidade Reguladora para a Comunicação Social, ERC) has an array of essential tasks as it monitors all entities pursuing media activities in Portugal. In line with the revised Audiovisual Media Services Directive, the ERC is preparing the regulation of video sharing platforms (new bylaws and other measures specific to video sharing platforms) 176 . The 2023 Media Pluralism Monitor (MPM) report for Portugal mentions that the ERC has raised concerns in recent years of underfunding and delays in budget allocations by the Government 177 . The 2023 MPM suggests the need to strengthen the independence of the ERC 178 .

A comprehensive legislative framework is in place to regulate the transparency of media ownership, and further improvements are under consideration. The Constitution requires this transparency and mandates ERC to monitor it in implementation of the specific law that regulates this matter 179 . However, the 2022 Media Pluralism Monitor noted that some entities showed low levels of transparency, and it was difficult to identify whether these cases are sanctioned in practice 180 . The ERC is in the process of assessing the provisions regulating the transparency of media ownership, to ensure that accurate information is provided 181 . The legislation will also be examined to ascertain whether some of its aspects require revision. The ERC is also improving the Transparency Portal in order to make it more efficient and readable 182 . Moreover, since 1 March 2023, ERC has implemented a new Registry Portal 183 as a new tool to facilitate the registration of media outlets and the introduction of data. The Government plans to review the legislation on institutional advertising 184 . More entities may be subjected to these rules. The Government Program for 2022-2026 contemplates the review of the Press Law and provisions on incentives for regional and local media. 185 . 

Access to information and documents held by public authorities is safeguarded through legislation. The Constitution guarantees the right of journalists to access sources of information 186 , and access to administrative documents and administrative information is regulated by rules of general application 187 . Non-respect of the right of access to administrative documents can be appealed to the Administrative and Tax Courts. A complaint may also be filed before the independent administrative Commission for Access to Administrative Documents, but opinions on complaints are not binding on public institutions.

Concerns regarding the precariousness of the journalistic profession remain. Stakeholders highlighted the economic difficulties on media market for both media and journalists, with falling advertising revenues, a lack of local media and one fourth of the country lacking local or regional news sources 188 . The 2023 Media Pluralism Monitor shows important level of media concentration 189 , which stakeholders consider to have an important impact on editorial independence and self-censorship 190 . As regards the financial and economic situation of the media sector a study has been published by ERC 191 . It highlights how companies owning several media fare better than those owning just one. Stakeholders also showed concern about the shift in share ownership within the news agency LUSA 192 , affirming that higher participation of private media 193 may lead to private interference 194 . Stakeholders outlined that strikes are taking place to protest low salaries 195 , as well as requesting better working conditions 196 . Regarding the cyber-attacks suffered by several media websites in 2022 197 , these remain under investigation. Only one alert on the Council of Europe Platform to promote the protection of journalism and safety of journalists has been filed since the publication of the 2022 Rule of Law Report 198 , which concerns the assault on a photo-journalist by a football fan. This alert has already received the reply and explanations from the Portuguese authorities 199 . Stakeholders report that instances of verbal and physical aggressions to journalists covering sports events are occurring increasingly frequently 200 .

Two journalists on trial for allegedly violating the secrecy of justice were acquitted. The journalists were prosecuted for allegedly violating the secrecy of justice in relation to their reporting in 2018 about an anti-corruption operation 201 . As mentioned in the 2021 Rule of Law Report, in the context of these criminal procedures, the journalists were placed under surveillance without judicial warrant 202 . On 28 February 2023, the Central Criminal Court of Lisbon acquitted the journalists, and found that the journalists had sought to perform their duties and inform citizens about a matter of public interest in a responsible manner 203 . One of the journalists subsequently filed a case against the prosecutor who ordered their illegal surveillance, and that case is still pending 204 . As regards SLAPPs, no concerns have been raised by stakeholders.

The public service media provider is independent, although there are challenges regarding its resources. Rádio e Televisão de Portugal (RTP), the public service media provider, is established by law 205 . No significant changes to the law have taken place since the publication of the 2022 Report on Rule of Law. Concerns were voiced regarding the financial resources of RTP 206 , given that the majority of funds for RTP come from an audiovisual tax, that, pursuant to law, should be annually indexed to the inflation, but that has effectively not been updated on several occasions 207 . An RTP report 208 provides comparative data vis-à-vis other EU member states that further supports the concerns about financial resources. The Minister of Culture established a committee of experts to draw up a White Paper in view of the future revision of the public service broadcasting contract. After consultation of more than 100 stakeholders, the committee made public the White Paper in May 2023. The document stresses the importance of the public service broadcaster and puts forward some 75 recommendations. 209 .

Tax incentives have been introduced to encourage the subscription of written media. The 2023 budget law includes provisions for the reimbursement of VAT for subscriptions to newspapers and written media in the 2024 income tax 210 . The objective is to make these media, which foster the development of a finer and more critical approach to information, more attractive for the public, thus contributing to the growth of share of knowledgeable media users and establishing a favourable ecosystem for quality media. This measure has been welcomed by some 211 .

A legislative amendment removed the criticised wording of Article 6 of the Portuguese Charter of Human Rights in the Digital Age adopted in 2021 212 . The aim of the provision in question was to protect against disinformation, where Article 6(6) of the Charter provided for ‘support of the state to the creation of registered fact-checking structures overseeing registered media outlets, and the attribution of quality labels given by trustworthy public entities’. This provision received criticism and opposition from stakeholders, for its possible impact on the freedom of expression and information 213 . The 2022 Rule of Law Report took note of these criticisms and the subsequent request for constitutional review 214 . The Constitutional Court did not decide on the substance of the request, as the law was amended before it examined the request 215 . The amending law simplified the protection regime against disinformation, ensuring its articulation with the European Action Plan against Disinformation, and the contested provisions were repealed 216 . These developments were well received by journalist representatives 217 .

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 Parliament 218 . The Prime Minister has the competences to direct the Government’s general policy and to coordinate and orient the actions of all the Ministers 219 . Parliament and Government share legislative competence. The Members of Parliament and the Parliamentary Groups, the Government, the Regional Assemblies, and a group of at least 20 000 citizens have the right of legislative initiative. The Constitutional Court, which is part of the judiciary, is competent to review the constitutionality of laws and to control the constitutionality of the omission to adopt the necessary legislative measures to execute constitutional norms 220 ; it also has other important competences, including on electoral matters and control of assets, interest disclosure and incompatibility declarations 221 . The independent Ombudsperson is tasked with safeguarding and promoting the freedoms, rights and guarantees of citizens, and has the right to challenge the constitutionality of laws.

There has been significant progress to improve the transparency of law-making, as impact assessment rules were adapted to further improve the quality of legislation and increase the transparency of the legislative procedure. The 2022 Rule of Law Report recommended to Portugal to ‘[c]ontinue the reforms to improve the transparency of law-making, particularly on the implementation of impact assessment tools’ 222 . The quality of law-making and frequent changes in legislation remains a significant reason for concern about the effectiveness of investment protection among companies in Portugal 223 . Due to the delays at the beginning of the new legislature 224 , the Parliament’s initiatives to improve the quality of legislation and increase the transparency of the legislative procedure remain in a preparatory phase. In particular, a technical working group was created to review and update, until the end of the parliamentary term, the Parliament’s legal drafting technical guide. The Rules of Procedure, adopted in July 2020, are also being reviewed 225 . Regarding the legislative power entrusted to the Government, the improvement of the quality of legislation has been defined as one of the priorities of its programme 226 , which commits to approve a yearly legislative plan, setting out the calendar of the main legislative initiatives, as well as the approval of a common code on legislative drafting for all institutions with legislative power 227 . The duty to subject all legislative proposals to impact assessment has also been inscribed in the organic law of the Government 228 . All legislative proposals from the Government have been subject to ex ante impact assessment 229 . Moreover, the questionnaire used for impact assessment regarding risks of fraud and corruption has been revised and is now mandatory 230 . New dedicated questionnaires on conflicts of interest have also been introduced 231 . While some of the commitments of the Government still require practical implementation and work remains in progress in Parliament, the concrete measures adopted and already implemented by the Government regarding the improvement of impact assessment indicate significant progress on the implementation of the recommendation made in the 2022 Rule of Law Report.

A Constitutional revision is under discussion in Parliament. Following the presentation of proposals by all eight parties with parliamentary representation, discussion on an ordinary 232 revision of the Constitution started in Parliament in January 2023. For this purpose, an Ad Hoc Committee for Constitutional Revision was created. Among the 393 amendment proposals affecting 186 articles of the Constitution 233 there are proposals relevant for the organisation of the justice system, including on the composition of the High Council for the Judiciary 234 and the High Council for the Public Prosecution, as well as on the system of appointment of the Prosecutor General. Different proposals have been presented regarding the creation of a constitutional provision with express reference to the possibility of declaring the state of emergency due to health emergencies 235 . A majority of two thirds is required for the approval of amendments to the Constitution 236 .

The emergency measures adopted in the context of the COVID-19 pandemic were lifted, and a new legal basis for emergency measures is under discussion. The situation of alert ceased to apply on 30 September 2022 and was not extended further 237 . The Government lifted the majority of the restrictive measures adopted in the context of the COVID-19 pandemic and repealed most of the legislative acts adopted by the Government for this purpose 238 . Regarding the measures approved by Parliament, the Government presented a draft law to Parliament 239 , with the objective to lift all laws published in the context of the COVID-19 pandemic. The proposal is currently under discussion in Parliament 240 . As mentioned in the 2022 Rule of Law Report 241 , the previous Government initiated reflections regarding a new legal basis for emergency measures. In this context, a working group proposed that a new provision should be added to the Constitution 242 , expressly authorising deprivation of liberty in the case of the lawful detention of persons for the prevention of spreading of infectious diseases 243 .

On 1 January 2023, Portugal had 15 leading judgments of the European Court of Human Rights pending implementation, a decrease of two compared to the previous year 244 . While Portugal’s rate of leading judgments from the past 10 years that remain pending was at that time at 39% (compared to 41% in 2022), the average time that the judgments have been pending implementation was 5 years and 1 month (compared to 3 years and 10 months in 2022) 245 . The oldest leading judgment, pending implementation for 11 years, concerns the fairness of criminal proceedings 246 . On 15 June 2023, the number of leading judgments pending implementation remains 15 247 .

The reorganisation of the Office of the Ombudsperson has shown positive results. The Ombudsperson is accredited with ‘A’ status by the UN Global Alliance of National Human Rights Institutions (GANHRI) 248 . As noted in the 2022 Rule of Law Report 249 , the structure of the supporting services to the Ombudsperson was reformed in 2021. Following its operationalisation in 2022, the Office of the Ombudsperson assesses this reform positively 250 . In particular, it is reported that the reform has allowed a more effective management of the workload and to focus on priority areas 251 . It is also reported that the reform has enabled a better integration of the duties of the Ombudsperson as a National Human Rights Institution, as well as increased the capacity to detect systemic failures of public administration 252 . On the basis of the reported results, the reform appears to be positive and in line with the applicable European standards 253 . Regarding the complaints handled, the Office of the Ombudsperson reports an increase in the number of complaints submitted by foreign citizens, in particular regarding long residence permit waiting time. In this context, contacts have been initiated with the Immigration and Border Service, and the Office remains seized regarding this matter 254 .

Stakeholders report some improvements in the financing available to civil society, but challenges in this regard remain. The civil society space continues to be considered to be open 255 . Whereas the 2022 Rule of Law Report referred to challenges regarding availability of funding 256 , stakeholders report that the situation has been gradually improving, and that, in 2022, there has been an increase of the budget of the biggest call for proposals 257 . However, concerns persist in this regard, as funding opportunities remain mostly project-based and driven by pre-established priorities 258 , not allowing the development of long-term projects and strategies. Moreover, structural problems remain regarding the fund-raising capacity, which worsened subsequent to the economic crisis 259 . In the philanthropic sector, there are efforts ongoing to improve the capacity of civil society organisations (CSOs) and awareness raising to the role of civil society in the promotion of civic participation, protection of human rights and monitoring of public policies 260 . CSOs continue to be actively involved in government initiatives, in particular in the areas of civic participation and migration 261 . Positive examples are also reported regarding inclusive consultation in the development sector, while calls for further improvement remain 262 . 

Annex I: List of sources in alphabetical order*

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

European Commission (2023), EU Justice Scoreboard.

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

European Commission (2022), EU Justice Scoreboard.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Annex II: Country visit to Portugal

The Commission services held virtual meetings in February 2023 with:

·Bar Association

·Central Department of criminal action and investigation (DCIAP)

·Constitutional Court

·Council for the Prevention of Corruption

·Court of Audit

·Criminal Police

·GPEARI – Gabinete de Planeamento, Estratégia, Avaliação e Relações Internacionais Ministério das Finanças

·Gulbenkian Foundation

·High Council for the Administrative and Tax Courts

·High Council for Public Prosecution

·High Council for the Judiciary

·ICNOVA – Nova University of Lisbon

·Inspectorate-General of Finance

·Journalists’ Professional License Committee

·Judges Union (ASJP)

·Media Authority – Regulatory Entity for Social Communication

·Ministry of Culture

·Ministry of Foreign Affairs

·Ministry of Justice

·National Anti-Corruption Mechanism

·Observatory of Economy and Fraud Management

·Office of the Prosecutor General

·Office of the Ombudsperson

·Platform of NGOD

·Prosecutors Union (SMMP)

·RTP – Radio and Television of Portugal

·Secretariat General of the Presidency of the Council of Ministers

·Services of the Assembly of the Republic

·Supreme Administrative Court

·Supreme Court of Justice

·Transparency International – Portugal

·Union of Judicial Administrative Officials

·UTAIL - Technical Unit for Legislative Impact Assessment

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

·ALDA (European Association for Local Democracy)

·Amnesty International

·Civil Liberties Union for Europe

·Civil Society Europe

·Culture Action Europe

·European Centre for Press and Media Freedom

·European Civic Forum

·European Federation of Journalists

·European Partnership for Democracy

·European Youth Forum

·Free Press Unlimited

·Front Line Defenders

·ILGA Europe

·International Commission of Jurists

·International Federation for Human Rights (FIDH)

·International Planned Parenthood Federation European Network

·International Press Institute

·JEF Europe

·Osservatorio Balcani e Caucaso Transeuropa

·Philea

·Reporters Without Borders

·SOLIDAR

·Transparency International EU

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

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

(3)    2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 2.

(4)      2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, pp. 3-4.

(5)      Portaria No. 86/2023, of 27 March, amending the rules relating to the distribution, by electronic means, of cases in judicial courts and in administrative and tax courts.

(6)      Input from Portugal for the 2023 Rule of Law Report, p. 3.

(7)      High Council for the Judiciary, Information No. 76/20223, of 29 March 2023; Observador, ‘Judges signal waste of work and money with new allocation of cases’, 11 May 2023.

(8)      LUSA, ‘The new rules on electronic allocation of cases are already in place’, 11 May 2023.

(9)      2022 Rule of Law Report, country chapter on the rule of law situation in Portugal, p. 2.

(10)      Contribution from European Network of Councils for the Judiciary (ENCJ) for the 2023 Rule of Law Report, pp. 13-14.

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

(12)      The deliberation of the Plenary of the High Council for the Judiciary was transmitted to the Minister of Justice on 9 March 2023.

(13)      Currently not applicable (Figure 58, 2022 EU Justice Scoreboard).

(14)      The time spent in the exercise of political function is considered for the effects of seniority (Art. 73(1)(a), Statute of the Judicial Magistrates).

(15)      Information received from the High Council for the Judiciary in the context of the country visit to Portugal.

(16)      As established by Law No. 36/2007, of 14 August.

(17)      Contribution from European Network of Councils for the Judiciary (ENCJ) for the 2023 Rule of Law Report, p. 27.

(18)      Ibid.

(19)      2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, pp. 4-5.

(20)      Judicial impediments are the grounds on which a judge can be prevented from acting in a judicial case. These are listed in Art. 40 of the Code of Criminal Procedure.

(21)      Law No. 13/2022, of 1 August.

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

(23)      See, for instance, public communication of the President of the Judges Union in the XII Congress of Portuguese Judges, 18 March 2023.

(24)      Information received from the Supreme Court of Justice and the Judges Union in the context of the country visit to Portugal.

(25)      2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p 2.

(26)      2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, pp. 6-7.

(27)      Proposal for a Decree-Law No. 368/XXIII/2022, of 17 January 2023. The draft was submitted to the High Council on 19 January 2023 for opinion, as part of the consultation process (contribution from the High Council for the Administrative and Tax Courts for the 2023 Rule of Law Report, p. 11).

(28)      Contribution from the High Council for the Administrative and Tax Courts for the 2023 Rule of Law Report, p. 11.

(29)      Input from Portugal for the 2023 Rule of Law Report, p. 4.

(30)      2022 Rule of Law Report, country chapter on the rule of law situation in Portugal, pp. 6-7.

(31)      Decree-Law No. 31/2023, of 5 May.

(32)      Information received from the Supreme Administrative Court and High Council for the Administrative and Tax Courts in the context of the country visit to Portugal. According to European standards, Councils for the judiciary should have appropriate means to operate independently and autonomously, should have their own premises, a secretariat, computing resources and should have their own staff according to their needs (CCJE, Opinion No. 24 (2021) on the evolution of the Councils for the Judiciary and their role in independent and impartial judicial systems, para. 29; Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, paras. 37 and 38).

(33)      Art. 12(1), of the Organic Law of the Constitutional Court. The judges appointed by Parliament prepare a list of candidates and select the remaining three judges, through suffrage by secret ballot.

(34)      Information received from the Constitutional Court in the context of the country visit to Portugal.

(35)    The appointment of the new judges was followed by the selection of a new President of the Constitutional Court on 26 April 2023.

(36)      In October 2021, June 2022 and March 2023, respectively.

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

(38)      The deadline of 10 days established by Art. 17(1) of the Organic Law of the Constitutional Court is only applicable in the case of vacancies of co-opted judges.

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

(40)      Venice Commission Opinion (CDL-AD(2013)028), paras. 5-8.

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

(42)      Contribution from Council of Bars and Law Societies of Europe (CCBE) for the 2023 Rule of Law Report, p. 84.

(43)      The Bar Association estimates at least 60 cases are currently pending (contribution from Council of Bars and Law Societies of Europe (CCBE) for the 2023 Rule of Law Report, p. 84).

(44)      Bar Association, Press release of 20 September 2022. Contribution from the Council of Bars and Law Societies of Europe (CCBE) for the 2023 Rule of Law Report, p. 56.

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

(46)      2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p 2.

(47)      Input from Portugal for the 2023 Rule of Law Report, p. 2.

(48)      Ibid.

(49)      Information received from the High Council for the Judiciary, the High Council for the Administrative and Tax Courts and the High Council for the Prosecution. See also High Council for the Administrative and Tax Courts, Annual Report 2021, p. 18.

(50)      Contribution from Magistrats Européens pour la Démocracie et les Libertés (MEDEL) – Portugal for the 2023 Rule of Law Report, p. 14.

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

(52)      Contribution from the High Council for the Administrative and Tax Courts for the 2023 Rule of Law Report, p. 11.

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

(54)      Contribution from European Network of Councils for the Judiciary (ENCJ) for the 2023 Rule of Law Report, p. 32.

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

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

(57)      A partial strike has been in place since 10 January 2023.

(58)      Information No. 1875/2023, of 27 January.

(59)      The gross salary at entry level is EUR 854,30.

(60)      Information received from the High Council for the Judiciary and the Union of Court Clerks in the context of the country visit to Portugal.

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

(62)      Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para. 35.

(63)      Figure 43, 2023 EU Justice Scoreboard.

(64)      Figure 45, 2023 EU Justice Scoreboard.

(65)      Figure 47, 2023 EU Justice Scoreboard. A GRECO recommendation in this regard remains partially implemented (GRECO Fourth Evaluation Round – Second Compliance Report, recommendation x, para. 60).

(66)      Figure 48, 2023 EU Justice Scoreboard.

(67)      Contribution from the High Council for the Administrative and Tax Courts for the 2023 Rule of Law Report, p. 14.

(68)      Input from Portugal for the 2023 Rule of Law Report, p. 6.

(69)      2022 Rule of Law Report, country chapter on the rule of law situation in Portugal, p. 8.

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

(71)      Contribution from European Network of Councils for the Judiciary (ENCJ) for the 2023 Rule of Law Report, p. 28.

(72)      Including judges of ordinary courts and of administrative and tax courts, and public prosecutors.

(73)      Input from Portugal for the 2023 Rule of Law Report, p. 6.

(74)      Information received from the High Council for the Public Prosecution in the context of the country visit to Portugal.

(75)      Input from Portugal for the 2023 Rule of Law Report, p. 6.

(76)      2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, pp. 8-9; 2021 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 7.

(77)      In first instance, from 280 days in 2020 to 253 days in 2021; in second instance, from 99 to 89 days; and in third instance, from 126 to 106 days (Figures 6 and 7, 2023 EU Justice Scoreboard).

(78)      Figure 11, 2023 EU Justice Scoreboard.

(79)      Figure 8, 2023 EU Justice Scoreboard.

(80)      Figure 9, 2023 EU Justice Scoreboard.

(81)      Figure 15, 2023 EU Justice Scoreboard.

(82)      Figure 12, 2023 EU Justice Scoreboard.

(83)      Committee of Ministers, Supervision of the execution of the European Court’s judgments, case H46-20 Vicente Cardoso group v. Portugal (Application No. 30130/10).

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

(85)      2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 2.

(86)      2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 9.

(87)      Input from Portugal for the 2023 Rule of Law Report, p. 2.

(88)      The action plan includes 50 measures focusing on 5 areas: better management; optimisation of the performance of higher courts; legislative changes for procedural simplification; faster digital transformation; and human resources development.

(89)      Input from Portugal for the 2023 Rule of Law Report, p. 2.

(90)      Information received from the Ministry of Justice in the context of the country visit to Portugal. 

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

(92)      Annex to the Council Implementing Decision on the approval of the assessment of the Recovery and Resilience Plan for Portugal, p. 161.

(93)      Draft Law No. 75/XV. Contribution from the High Council for the Administrative and Tax Courts for the 2023 Rule of Law Report, p. 14.

(94)      Draft Law No. 75/XV. Input from Portugal for the 2023 Rule of Law Report, p. 2.

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

(96)      The Constitutional Court is currently responsible for the enforcement of the sanctioning framework provided in the Regime governing the exercise of functions by political officeholders and senior public officeholders (Law 52/2019 of 31 July 2019 as amended by Law 69/2020 of 9 November 2020 and Law 58/2021 of 18 August 2021) and the review of appeals against those sanctions. It is also responsible for ruling, on appeal, on the fines imposed by the ECFP regarding breaches to the Law on the Financing of Political Parties (Law 19/2003).

(97)      The UNCC is the specialized operational unit in charge of investigating corruption offences and related crimes such as bribery or embezzlement of public funds and has jurisdiction nationwide.

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

(99)      The score significantly increases/decreases when it changes more than five points; improves/deteriorates (changes between 4-5 points); is relatively stable (changes from 1-3 points) in the last five years.

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

(101)      Special Eurobarometer 534 on Corruption (2023). The Eurobarometer data on citizens’ corruption perception and experience is updated every year. The previous data set is the Special Eurobarometer 523 (2022).

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

(103)    Special Eurobarometer 534 on Corruption (2023).

(104)      Flash Eurobarometer 524 on Businesses’ attitudes towards corruption in the EU (2023). 

(105)      2022 Rule of Law Report, country chapter on the rule of law situation in Portugal, p. 11.

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

(107)      Input from Portugal for the 2023 Rule of Law Report, p. 8.

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

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

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

(111)      2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 2.

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

(113)      The functions of this entity include: (I) monitor the application of the General Anti-Corruption Regime (RGPC) and impose fines on offenders; (II) imposing fines on those who infringe the law on whistleblower protection; (III) implement the national anti-corruption strategy in its preventive dimension – for example by developing programmes and initiatives that promote a culture of integrity and transparency among young people; (IV) supporting public authorities in drawing up compliance programmes; and (v) collect and organise information related to the prevention and prosecution of corruption and related crimes.

(114)      Ministerial Implementing Order No. 155-B/2023, of 6 June 2023.

(115)      State Budget Law No. 24-D/2022 of 30 December 2022.

(116)      Input from Portugal for the 2023 Rule of Law Report, p. 4.

(117)      Input from Portugal for the 2023 Rule of Law Report, p. 9.

(118)      Input from Portugal for the 2023 Rule of Law Report, p. 12. 

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

(120)      2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 2

(121)      Information received from the Office of the Prosecutor General, Judges Union, Prosecutors Union and Transparency International in the context of the country visit to Portugal.

(122)      Public Prosecution, Press release ‘Espírito Santo Indictments’, of 21 July 2022; Lusa, ‘BES case instruction postponed to January’, 24 November 2022; ECO, ‘Rui Pinto, Operation Lex and E-Toupeira. Media cases make rentrée on the stage of Justice’, 1 September 2022. Observador, ‘Manuel Pinho and Ricardo Salgado accused of corruption. António Mexia and João Manso Neto continue to be investigated’, 15 December 2022.

(123)      Information received from the Prosecutor General’s Office in the context of the country visit to Portugal. See also Section I – Justice System, Quality.

(124)      Input from Portugal for the 2023 Rule of Law Report, Annex I.

(125)      Information received from the Prosecutor General’s Office in the context of the country visit to Portugal.

(126)      Information received from the Criminal Police in the context of the country visit in Portugal.

(127)    Recruitment of 25 candidates for the training course for forensic specialists of the Criminal Police (Notice No. 24250/2022); recruitment of 150 candidates for the training course for judicial police inspectors (Notice No. 24251/2022); and recruitment of 20 candidates for the judicial police security training course (Notice No. 24252/2022).

(128)    Ministerial Implementing Order No. 245/2022 of 27 September.

(129)    Input from Portugal for the 2023 Rule of Law Report, p.8.

(130)      Information received from IGF in the context of the country visit to Portugal.

(131)      Input from Portugal for the 2023 Rule of Law Report, p. 8.

(132)      OECD (2022), Implementing the OECD Anti-Bribery Convention Phase 4 Report: Portugal, p. 5.

(133)      Transparency International (2022), Exporting Corruption 2022 Report.

(134)      Art. 20(1), Law No. 7/93, of 1 March. Parliament, Resolution No. 210/2019.

(135)      Information received from the Services of the Assembly of the Republic in the context of the country visit to Portugal.

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

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

(138)      GRECO Fourth Evaluation Round - Second Compliance Report, p. 4-5.

(139)      2021 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p. 12.

(140)      According to the Framework Law on Regulatory Agencies, board members are banned from working in regulated companies for two years but are entitled to a financial compensation during that period. Art. 19, Law No. 67/2013, of 28 August.

(141)      National Anti-Corruption Strategy 2020-2024. Resolution of the Council of Ministers No. 37/2021, of 6 April.

(142)      Several bills addressing the issue of revolving doors are currently pending in Parliament. Input from Portugal for the 2023 Rule of Law Report.

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

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

(145)      General Secretariat of the Presidency of the Council of Ministers, ‘About us: Transparency.Government’. 

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

(147)      Resolution of the Council of Ministers No. 2-A/2023: Establishes a questionnaire prior to the integration of new members in the Government.

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

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

(150)      2022 Rule of Law Report, Country Chapter on the rule of law situation in Portugal, p.2.

(151)      Art. 5 of Organic Law No. 4/2019, of 13 September, provides that until the establishment of the Transparency Entity, single declarations of income, assets and interests continue to be filed with the Constitutional Court and scrutinised under the previous regime.

(152)      GRECO, Fourth round of Evaluations, Second Compliance Report on Portugal, p. 6.

(153)    Público, ‘Three years later, Transparency Entity will have temporary facilities by the end of the year’, 8 November 2022.

(154)      Information received from the Constitutional Court in the context of the country visit to Portugal.

(155)      Constitutional Court, Press release of 17 January 2023 regarding the Transparency Entity.

(156)      The second phase of renovation works is expected to be finalised by August 2023. Constitutional Court, Press release, of 17 January 2023 regarding the Transparency Entity, and Press release of 21 April 2023.

(157)      Information received from the Constitutional Court in the context of the country visit to Portugal.

(158)      The current way the verification process is conducted is considered inefficient and partial only in practical terms despite the legal obligation. Expresso, ‘TC Only a third of the statements of politicians inspected’, 13 January 2023; Público, ‘Half of Jamila Madeira's income statements to the TC without… income’, 18 January 2023.

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

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

(161)      Information received from the Services of the Assembly of the Republic in the context of the country visit to Portugal.

(162)      GRECO Fourth Evaluation Round - Second Compliance Report, p. 4. 

(163)      Law No. 93/2021, of 20 December.

(164)      Directive (EU) 2019/1937 on the protection of persons who report breaches of Union Law.

(165)      Law No. 93/2021 of 20 December (see in particular Arts. 27 and 29, Law No. 93/2021 of 20 December and Art. 8 of the RGPC).

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

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

(168)      2023 European Semester Country Report for Portugal, p. 9.

(169)      Contribution from OECD in the context of the 2023 Rule of Law Report, p. 15.

(170)      Ibid.

(171)      Arts. 37 and 38, Constitution of the Portuguese Republic.

(172)      Portugal ranks 9th in the 2023 Reporters without Borders World Press Freedom Index compared to 7th in the previous year.

(173)      Art. 39, Constitution of the Portuguese Republic.

(174)      Law No. 78/2015, of 29 July.

(175)      Law No. 26/2016, of 22 August.

(176)      Information received from ERC in the context of the country visit to Portugal.

(177)      2023 Media Pluralism Monitor, country report for Portugal, pp.12 and 23.

(178)      Ibid.

(179)      Law No. 78/2015, of 29 July.

(180)      2022 Media Pluralism Monitor, country report for Portugal, p. 13 and 2023 Media Pluralism Monitor, country report for Portugal, p. 14.

(181)      Information received from ERC in the context of the country visit to Portugal. 

(182)      Information received from ERC in the context of the country visit to Portugal.

(183)      ERC, Press release of 1 March 2023.

(184)      Information received from the Secretariat General of the Presidency of the Council of Ministers in the context of the country visit to Portugal.

(185)      Information received from the Secretariat General of the Presidency of the Council of Ministers in the context of the country visit to Portugal.

(186)      Art. 38(2)(b), Constitution of the Portuguese Republic. The Statute of Journalists, approved by Law No. 1/99, of 13 January, contains provisions aimed at ensuring this right (Art. 8).

(187)      Law No. 26/2016, of 22 August.

(188)      Stakeholders referred to these regions as ‘media desert’ (information received from the Journalists’ Professional License Committee in the context of the country visit to Portugal).

(189)      2023 Media Pluralism Monitor, country report for Portugal, pp. 15-16.

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

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

(192)      LUSA is the largest news agency in Portugal, as well as the largest news agency in the Portuguese language.

(193)      Share structure: 50.15% State owned, 0.03% RTP, and the reminder owned by private media. LUSA website.

(194)      Information received from the Journalists’ Professional License Committee in the context of the country visit to Portugal.

(195)      In LUSA, where salaries have been frozen for 12 years (Journalists Union, Press release of 15 March 2023).

(196)      Journalists Union, Press release of 11 March 2023.

(197)      2021 Rule of Law Report, country chapter on the rule of law situation in Portugal, p. 15.

(198)      Council of Europe Platform to promote the protection of journalism and safety of journalists.

(199)      Letter from the Permanent Representation of Portugal to the Council of Europe (in French).

(200)      Information received from the Journalists’ Professional License Committee in the context of the country visit to Portugal. See also Union of Journalists, Press release of 8 April 2023 on Aggression to photo-journalist, and Press release of 13 February 2023; Journalists’ Professional License Committee, Press release of 23 February 2023.

(201)      2021 Rule of Law Report, country chapter on the rule of law situation in Portugal, pp. 14.

(202)      Ibid.

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

(204)      Ibid.

(205)      Law No. 8/2007, of 14 February.

(206)      Information received from RTP in the context of the country visit to Portugal, and 2023 Media Pluralism Monitor, country report for Portugal, pp. 18 and 24.

(207)      Art. 4, Law No. 30/2003 on the financing of RTP.

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

(209)      Information received from the Secretariat General of the Presidency of the Council of Ministers in the context of the country visit to Portugal.

(210)      Law No. 24-D/2022, of 30 December, approving the State budget for 2023.

(211)      Information received from the Journalists’ Professional License Committee and ICNOVA in the context of the country visit to Portugal.

(212)      Law No. 27/2021.

(213)      Journalists Union, Press release of 9 June 2021; Journalists’ Professional License Committee, Complaint to the President of the Republic and to the Ombudsperson of 30 June 2021.

(214)      2022 Rule of Law Report, country chapter on the rule of law situation in Portugal, p. 19.

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

(216)      Law No. 15/2022, of 11 August. See also Input from Portugal for the 2023 Rule of Law Report, p. 32.

(217)      Information received from Journalists’ Professional License Committee and ICNOVA in the context of the country visit to Portugal.

(218)      Art. 133(e), Constitution of the Portuguese Republic.

(219)      Art. 201, Constitution of the Portuguese Republic.

(220)      Art. 223(1), Constitution of the Portuguese Republic.

(221)      Art. 223(2)(c), (g), (h), Constitution of the Portuguese Republic; Arts. 11-A and 106 to 110, Law on the Constitutional Court.

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

(223)      Figure 54, 2023 EU Justice Scoreboard indicates that ‘Frequent changes in legislation or concerns about quality of the law-making process’ are of concern to 20% of companies in Portugal.

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

(225)      Information received from the Services of the Assembly of the Republic in the context of the country visit to Portugal. 

(226)      Input from Portugal for the 2023 Rule of Law Report, p. 32.

(227)      Portuguese Government (2022), Programme of Government 2022-2026, p. 38.

(228)      Art. 53, Decree-Law No. 32/2022.

(229)      Input from Portugal for the 2023 Rule of Law Report, p. 32.

(230)      Ibid.

(231)      Ibid.

(232)    Parliament can initiate a revision of the Constitution five years after the previous revision. Beyond this timeframe, extraordinary revisions of the Constitution can be initiated under the proposal of a majority of four fifths of Members of Parliament.

(233)      Information received from the Services of the Assembly of the Republic in the context of the country visit to Portugal. 

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

(235)      On the reflection on the legal basis for the adoption of exceptional measures to fight the pandemic under the constitutional framework, see also the following paragraph.

(236)      Art. 286(1), of the Constitution of the Portuguese Republic.

(237)      Decree-Law No. 66-A/2022, of 30 September, and Resolution of the Council of Ministers No. 96/2022, of 24 October.

(238)      Resolution of the Council of Ministers No. 73-A/2022. Input from Portugal for the 2023 Rule of Law Report, p. 27.

(239)      Proposal for a Law No. 45/XV/1.

(240)      Information received from the Services of the Assembly of the Republic in the context of the country visit to Portugal. The proposal was approved in first reading on 23 March 2023, and in the Constitutional Affairs Committee on 19 May 2023.

(241)      2022 Rule of Law Report, country chapter on the rule of law situation in Portugal, pp. 21-22.

(242)      Art. 27, Constitution of the Portuguese Republic, ‘Right to liberty and security’.

(243)      Information received from the Office of the Ombudsperson in the context of the country visit to Portugal. 

(244)      The adoption of necessary execution measures for a judgment by the European Court of Human Rights is supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to group cases against a State requiring similar execution measures, particularly general measures, and examine them jointly. The first case in the group is designated as the leading case as regards the supervision of the general measures and repetitive cases within the group can be closed when it is assessed that all possible individual measures needed to provide redress to the applicant have been taken.

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

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

(247)      Data according to the online database of the Council of Europe (HUDOC).

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

(249)      2022 Rule of Law Report, country chapter on the rule of law situation in Portugal, pp. 22-23.

(250)      Information received from the Office of the Ombudsperson in the context of the country visit to Portugal. Contribution from the European Network of National Human Rights Institutions (ENNHRI) for the 2023 Rule of Law Report, pp. 479-480.

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

(252)      Ibid.

(253)      In particular, Recommendation CM/Rec(2019)6 of the Committee of Ministers of the Council of Europe on the development of the Ombudsman institution, para. 6, and Venice Commission, Principles on the Protection and Promotion of the Ombudsman Institution (‘The Venice Principles’), CDL-AD(2019)005, para 22.

(254)      Information received from the Office of the Ombudsperson in the context of the country visit to Portugal.

(255)      Rating by CIVICUS; ratings are on a five-category scale defined as: open, narrowed, obstructed, repressed and closed.

(256)      2022 Rule of Law Report, country chapter on the rule of law situation in Portugal, pp. 22-23.

(257)      Contribution from the Platform of Development Non-Governmental Organisations for the 2023 Rule of Law Report, p. 19.

(258)      Ibid.

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

(260)      Gulbenkian Foundation, Programme Active Citizens. 

(261)      Input from Portugal for the 2023 Rule of Law Report, pp. 38-39.

(262)      Contribution from the Platform of Development Non-Governmental Organisations for the 2023 Rule of Law Report, p. 20.