Anti-Corruption ALERT
The XXIV Government of Portugal, recently sworn in, made significant changes to the Code of Conduct previously in force.
Its scope now covers:
(i) all senior officials under the direction of the Government; and
(ii) all directors and managers of public institutes and public enterprises.
In the previous version, the aforementioned individuals were only indirectly bound, “through the guidelines relayed by the member of the Government who exercises supervisory powers over them”.
The new Code also provides for the adoption of a Corruption-Related Risk Prevention Plan, as well as for the implementation of an internal whistleblowing channel.
The instrument further subjects public communication, including on the social networks of the subjects covered, to the general principles provided therein. These principles include integrity and honesty.
Furthermore, the Prime Minister may now request the competent services to issue an opinion on the potential existence of conflicts of interest relating to members of the Government, including before their appointment. Furthermore, cabinet members must communicate any conflicts of interest to the respective minister.
The Code maintains the limit for gifts and hospitality at €150. In case of doubt about its value, the Transparency Unit of the General Secretariat of the Presidency of the Council of Ministers may be consulted.
Finally, it is worth highlighting the express provision for dismissal as a potential consequence of political responsibility arising from a serious or repeated violation of the instrument.
On a different note, the Rules of Procedure of the Council of Ministers were also approved on the same date. The Rules provide that legal texts shall be simple, clear, precise and using the present tense - which is not always the case in the General Framework for the Prevention of Corruption.
Questions? Reach out here.