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Country score (European Average*)
72(66) Political Financing
51(50) Financial Disclosure
36(40) Conflict of Interest
54(56) Freedom of Information
57(63) Public Procurement
Income High
GNI per capita (2011 PPP $) 26498.18
Population, total 10324611.00
Urban population (% of total) 64.02
Internet users (per 100 people) 70.42
Life expectancy at birth (years) 81.52
Mean years of schooling (years) 8.9
Global Competitiveness Index 4.6
Sources: World Bank, UNDP, WEF.
Political Financing72
Financial Disclosure51
Conflict of Interest36
Freedom of Information54
Public Procurement57
The law on the Financing of Political Parties and Election Campaigns (2003, amended 2013) is the main law regulating the financing of political parties in Portugal.
There are comprehensive limits on the private income of political parties. Donations are banned from foreign interests, corporations, trade unions and anonymous donors in addition to a number of other sources which are prohibited. There are also specific rules on how many can be raised and there are limits on the amount that can be donated.
There is public funding available for political parties which is allocated based on the shares of votes in the previous election, representation in the elected body, participation in the election and the number of candidates. Public funding is allocated for parties to use in election spending. Indirect public funding is available in the form of subsidized media access and tax relief. There are funding provisions to encourage gender equality.
For regulations on spending, vote buying is banned but the use of state resources for and against a candidate or party is not. There are specific limits on what a political party or candidate can spend.
Parties are required to keep accounts which must reveal information regarding the finances in relation to election campaigns and must reveal the identity of donors. The information is required to be made public. Accounts are overseen by the Supervisory Body of Political Party Accounting and Funding. There are sanctions for breaches of the provisions of the law which include fines, forfeiture and imprisonment.
Primary Metric
Bans and limits on private income 61 67 67 67
Public funding 88 88 88 88
Regulations on spending 50 50 50 50
Reporting, oversight and sanctions 83 83 83 83
Values lie in range between 0 and 100, higher values implying higher legislation comprehensiveness
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Bans and limits on private income
Regulations on spending
Reporting, oversight and sanctions
Bans on donations from foreign interests
Is there a ban on donations from foreign interests to political parties? Yes. 1 - Political parties are prohibited from receiving anonymous donations and are prohibited from receiving gifts or loans of a monetary nature or in kind from national or foreign legal persons, except as provided for in the following paragraph. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 8(1))
Is there a ban on donations from foreign interests to candidates? No. Absent from legal framework
Bans on corporate donations
Is there a ban on corporate donations to political parties? Yes. Art 8 "1 - Political parties are prohibited from... receiving gifts or loans of a monetary nature or in kind from national or foreign legal persons, except as provided for in the following paragraph. 2 - Political parties may contract loans from credit institutions and financial companies in accordance with the conditions set out in point f) of paragraph 1 of article 3." (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 8(1))
Is there a ban on corporate donations to candidates? No. Absent from legal framework
Is there a ban on donations from corporations with government contracts to political parties? Yes. 1 - Political parties are prohibited from receiving anonymous donations and are prohibited from receiving gifts or loans of a monetary nature or in kind from national or foreign legal persons, except as provided for in the following paragraph. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 8(1))
Is there a ban on donations from corporations of partial government ownership to political parties? Yes. 1 - Political parties are prohibited from receiving anonymous donations and are prohibited from receiving gifts or loans of a monetary nature or in kind from national or foreign legal persons, except as provided for in the following paragraph. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 8(1))
Is there a ban on donations from corporations with government contracts to candidates? No. Absent from legal framework
Is there a ban on donations from corporations of partial government ownership to candidates? No. Absent from legal framework
Bans on donations from trade unions
Is there a ban on donations from Trade Unions to political parties? Yes. 1 - Political parties are prohibited from receiving anonymous donations and are prohibited from receiving gifts or loans of a monetary nature or in kind from national or foreign legal persons, except as provided for in the following paragraph. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 8(1))
Is there a ban on donations from Trade Unions to candidates? No. Absent from legal framework
Bans on anonymous donations
Is there a ban on anonymous donations to political parties? Yes. 1 - Political parties are prohibited from receiving anonymous donations and are prohibited from receiving gifts or loans of a monetary nature or in kind from national or foreign legal persons, except as provided for in the following paragraph. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 8(1))
Is there a ban on anonymous donations to candidates? No. Absent from legal framework
Other bans on donations
Is there a ban on state resources being given to or received by political parties or candidates (excluding regulated public funding)? Yes. Political parties can only receive assistance from individuals, and would so be banned from receiving state resources - Further, appears to be no mention in the law of state resources being allowed as a benefit under Art 10.
Is there a ban on any other form of donation? Yes. Political parties are specifically prohibited from: a) Acquiring goods or services at prices which are below those practiced in the market; b) Receiving payments in respect of goods or services which they provide at prices which are clearly above market value; c) Receiving or accepting any indirect contribution or donation that result in the payment of costs which they incur by third parties. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 8(3))
Donation limits
Is there a limit on the amount a donor can contribute to a political party over a time period (not election specific)? Yes. 1 - Donations of a financial nature made by identified individual persons are subject to an annual limit of 25 times the value of the IAS per donor and must be transacted by cheque or bank transfer. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 7(1))
Is there a limit on the amount a donor can contribute to a political party in relation to an election? Yes. Limit is 60 monthly minimum wages 3 - Revenues covered by points c) and d) of paragraph 1 may be obtained by means of fundraising, even in the context of a campaign conducted for the purpose, subject to a limit of 60 IAS per donor, and are to be transacted by cheque or other banking mechanisms that enable identification of the amount and origin. c) Donations from individual supporters of candidates for election to President of the Republic and supporters of groups of voting citizens of the governing bodies of local authorities; d) Proceeds of campaign fundraising. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 16(1) & (3))
Is there a limit on the amount a donor can contribute to a candidate? Yes. Direct donations to candidates are prohibited. (GRECO (2010) Evaluation Report on Portugal Transparency of Party Funding (Theme II)))
Eligibility criteria for direct public funding to political parties
Eligibility criteria for direct public funding to political parties: Share of votes in previous election Yes. for general grant 2 – This grant consists of a sum of money which is equivalent to the 1/ 135 of the value of the IAS, for each vote obtained in the most recent election of members to the Assembly of the Republic. For Election grant 2 - Parties which contest elections to the European Parliament or at least 51% of the seats up for election in the Assembly of the Republic or to the Regional Legislative Assemblies and which obtain representation, as well as candidates to the Presidency of the Republic which obtain at least 5% of the vote, are entitled to a grant. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 5(2) 17(2))
Eligibility criteria for direct public funding to political parties: Representation in elected body Yes. 2 - Parties which contest elections to the European Parliament or at least 51% of the seats up for election in the Assembly of the Republic or to the Regional Legislative Assemblies and which obtain representation, as well as candidates to the Presidency of the Republic which obtain at least 5% of the vote, are entitled to a grant. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 17(2))
Eligibility criteria for direct public funding to political parties: Participation in election Yes. 2 - Parties which contest elections to the European Parliament or at least 51% of the seats up for election in the Assembly of the Republic or to the Regional Legislative Assemblies and which obtain representation, as well as candidates to the Presidency of the Republic which obtain at least 5% of the vote, are entitled to a grant. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 17(2))
Eligibility criteria for direct public funding to political parties: Number of candidates Yes. 2 - Parties which contest elections to the European Parliament or at least 51% of the seats up for election in the Assembly of the Republic or to the Regional Legislative Assemblies and which obtain representation, as well as candidates to the Presidency of the Republic which obtain at least 5% of the vote, are entitled to a grant. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 17(2))
Eligibility criteria for direct public funding to political parties: Share of seats in previous election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of votes in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Registration as a political party No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Share of seats in next election No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Number of members No. Absent from legal framework
Eligibility criteria for direct public funding to political parties: Other No. Absent from legal framework
Allocation calculations for direct public funding to political parties
Allocation calculations for direct public funding to political parties: Proportional to votes received Yes. Election grant 1 - The grant will be distributed as follows: 20% will be distributed equally between the parties and candidates who fulfil the requirements of paragraph 2 of the preceding article and the remaining 80% will be distributed in proportion to the electoral results obtained. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 18(1))
Allocation calculations for direct public funding to political parties: Equal Yes. 1 - The grant will be distributed as follows: 20% will be distributed equally between the parties and candidates who fulfil the requirements of paragraph 2 of the preceding article and the remaining 80% will be distributed in proportion to the electoral results obtained. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 18(1))
Allocation calculations for direct public funding to political parties: Proportional to seats received No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Flat rate by votes received Yes. For general grant 2 – This grant consists of a sum of money which is equivalent to the 1/ 135 of the value of the IAS, for each vote obtained in the most recent election of members to the Assembly of the Republic. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 5(2))
Allocation calculations for direct public funding to political parties: Share of expenses reimbursed No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Proportional to candidates fielded No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Number of members No. Absent from legal framework
Allocation calculations for direct public funding to political parties: Other No. Absent from legal framework
Earmarking provisions for direct public funding to political parties
Earmarking provisions for direct public funding to political parties: Campaign spending Yes. 1 - Political parties which submit candidates for election to the Assembly of the Republic, to the European Parliament, to the Regional Legislative Assemblies and to local authorities, as well as groups of voting citizens of the governing bodies of local authorities and candidates for election of the President of the Republic are entitled to a state grant to cover the costs of election campaigns (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 17(1))
Earmarking provisions for direct public funding to political parties: Ongoing party activities No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Intra-party institution No. Absent from legal framework
Earmarking provisions for direct public funding to political parties: Other No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties
Allocation criteria for free or subsidized access to media for political parties: Equal Yes. Art. 56 "Candidates and the political parties or coalitions that put them forward have the right to equal treatment by public and private entities, so that they can conduct their election campaigns freely and under the best conditions." (Electoral Law, 1979, amended 2016, Art. 56)
Allocation criteria for free or subsidized access to media for political parties: Number of candidates No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of seats No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Share of votes in preceding election No. Absent from legal framework
Allocation criteria for free or subsidized access to media for political parties: Other Yes. 1 - The parties are not subject to IRC (Corporate Income Tax) and also benefit, beyond that specified by special law, from exemption from the following taxes: g) Value added tax on the acquisition and transfer of goods and services that have the aim of disseminating their political message or their own identity, through any media, print, audio-visual or multimedia, including those used as publicity materials and means of communication and transport, which exemption is effected by the exercise of the right to tax refunds; (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 10(1)(g))
Are there provisions for free or subsidized access to media for candidates? Yes. Art. 56 "Candidates and the political parties or coalitions that put them forward have the right to equal treatment by public and private entities, so that they can conduct their election campaigns freely and under the best conditions." (Electoral Law, 1979, amended 2016, Art. 56)
Are there provisions for any other form of indirect public funding?
Provisions for any other form of indirect public funding: Premises for campaign meetings No. Absent from legal framework
Provisions for any other form of indirect public funding: Space for campaign materials No. Absent from legal framework
Provisions for any other form of indirect public funding: Tax relief Yes. 1 - The parties are not subject to IRC (Corporate Income Tax) and also benefit, beyond that specified by special law, from exemption from the following taxes: a) Stamp duty; b) Tax on inheritance and donations c) Municipal tax on onerous transfer of property, due on the acquisition of property to be used for their own activity and on transfers resulting from merger or demerger; d) Municipal property tax on the taxable value of properties or parts of properties which they own or which are to be used for their activity; e) Other taxes on property referred to in paragraph 3 of article 104 of the Constitution; f) Vehicle tax due on vehicles which they acquire for their business; g) Value added tax on the acquisition and transfer of goods and services that have the aim of disseminating their political message or their own identity, through any media, print, audio-visual or multimedia, including those used as publicity materials and means of communication and transport, which exemption is effected by the exercise of the right to tax refunds; h) Value added tax on the transfers of goods and services in the course of special fundraising initiatives with sole benefit thereto, provided that such exemption does not distort competition. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 10(1))
Provisions for any other form of indirect public funding: Free or subsidised transport No. Absent from legal framework
Provisions for any other form of indirect public funding: Free or subsidised postage cost No. Absent from legal framework
Provisions for any other form of indirect public funding: Other No. Absent from legal framework
Is the provision of direct public funding to political parties related to gender equality among candidates? Yes. Parties that do not have a balance between the genders among its candidates can lose between 25% and 80% of its public funding. Art 2.1-2, "1 - It is understood parity, for the application of this law, a minimum representation of 33.3% of each sex in listas. 2 - In compliance with the preceding paragraph the multi-member lists submitted must not contain more than two candidates of the same sex placed consecutively in the order of lista. "Article 7" 1 - If they violate the provisions of paragraph 1 of Article 2, parties, coalitions or groups of voters, as the case may suffer a reduction in participation in the 80% or 75% of public subsidy for the relevant election campaigns, respectively, in paragraphs 1 and 3 of article 18 of Law No. 19 / 2003 of 20 June as follows: 1 a) If one gender is represented in the application list in percentage of less than 20% is reduced to participation in that public subsidy by 50%; b) If one sex is represented in the list of candidates as a percentage equal to or greater than 20% but less than 33.3%, the interest in that public subsidy is reduced by 25%. 2 - The preceding paragraph shall not apply to lists with a number of candidates less than tręs. 3 - If they violate the provisions of paragraph 2 of Article 2, parties, coalitions or groups of voters, as the case may suffer a 50% stake in 80% or 75% of Public subsidies for electoral campaigns to which they are entitled under paragraphs 1 and 3 of Article 18 of Law No. 19/2003 of 20 Junho. 4 - In the elections for the National Assembly, the election results obtained by the party in the constituency where there was breach of paragraphs 1 and 2 of Article 2 are slaughtered for national election results in equivalent proportion to the reduction of government subsidies for election campaigns calculated according to the provisions of paragraphs anteriores. 5 - In the elections to the organs of the municipality and the parish, with different types and degrees of breaches of the lists presented by a party, coalition or group of voters to the various organs, is taken as a reference the list by applying the criteria of the previous paragraphs implies a further reduction of public subsidy for eleitorais. campaigns "(Parity Law establishes that the lists for the National Assembly to the European Parliament and Local Authorities are composed so as to ensure minimal representation 33% of each sex. Statute No. 3/2006) (Organic Law No. 3/2006, amended 2016)
Are there provisions for other financial advantages to encourage gender equality in political parties? No. Absent from legal framework
Is there a ban on vote buying? Yes. Who in election: a) Upon fraudulent artifice, lead voter to vote, prevents you from voting, or to take him to vote for certain sense; or b) Buying or selling votes; It shall be punished with imprisonment of up to one year or a fine of up to 120 days. 2 - The attempt is punishable. (Art.341, Penal Code, amended in 2015 )
Are there bans on state resources being used in favour or against a political party or candidate? No. Absent from legal framework
Are there limits on the amount a political party can spend? Yes. 1 - The maximum limits on allowable expenses which may be incurred for any national or regional election campaign are established as follows: a) 10 000 times the amount of IAS in the election campaign for President of the Republic, and a further 2500 times the value of the IAS in the case of a second round contest; b) 60 times the value of the IAS for each candidate presented in the electoral campaign for the Assembly of the Republic; c) 100 times the value of the IAS for each candidate presented in the election campaign for the Regional Legislative Assemblies; d) 300 times the value of the IAS for each candidate presented in the election campaign for the European Parliament; (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 20(1))
Are there limits on the amount a candidate can spend? No. Absent from legal framework
Do political parties have to report regularly on their finances? Yes. 1 - Political parties are required to keep organised accounts, so that it is possible to ascertain their financial position and verify compliance with the obligations set forth by the present law. (annual) (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 12(1) & (2))
Do political parties have to report on their finances in relation to election campaigns? Yes. 1 - Within a period of not more than 90 days, in the case of local authority elections, and 60 days, in other cases, following full payment of the public grant, each candidature shall provide the Constitutional Court with itemised accounts of their election campaign, under the terms of the present law. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 27(1))
Do candidates have to report on their campaign finances? Yes. 1 - Within a period of not more than 90 days, in the case of local authority elections, and 60 days, in other cases, following full payment of the public grant, each candidature shall provide the Constitutional Court with itemised accounts of their election campaign, under the terms of the present law. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 27(1))
Is information in reports from political parties and/or candidates to be made public? Yes. 2 - The rulings of the Constitutional Court in respect of the accounts referred to in the preceding paragraph, and the respective accounts with revenues and expenses properly specified will be published, free of charge, in 2J series of the Diário da República (Official Journal) and will be made available on the official website of the Constitutional Court. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 23(2))
Must reports from political parties and/or candidates reveal the identity of donors? Yes. Art 7 "1 - Donations of a financial nature made by identified individual persons are subject to an annual limit of 25 times the value of the IAS per donor and must be transacted by cheque or bank transfer. 2 - Donations which are pecuniary in nature are to be deposited in bank accounts intended solely for that purpose and in which only deposits having this origin may be made. 3 - Notwithstanding the acts and own personal contributions of activist activity, donations in kind, and property transferred on loan, are considered, for the purposes of the limit specified in paragraph 1, at their current market value and are to be itemised on the list referred to in point b) of paragraph 3 of article. 12 4 - Acquisitions of goods from political parties at a value which clearly exceeds market value shall be considered donations and shall be subject to the regime set out in paragraph 1." Art 12, "3 - Their specific accounting system has the following special requirements: a) An annual inventory of the party's assets in terms of real estate property subject to registration; b) A breakdown of revenues, which includes: 23 i) Those covered by each of the points of article 3; ii) Those covered by each of the points of article 4;" Art 12,"7 - The breakdowns and annexes to the accounts of the parties are to comprise: a) Bank statements listing account transactions and credit card account statements ; b) Revenues arising from fundraising activities, with identification of the type of activity and date of conclusion; c) The real estate property of the parties, without prejudice to the provisions of point a) of paragraph 3." (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 7(1) & Art 12)
Institutions receiving financial reports from political parties and/or candidates
Institutions receiving financial reports from political parties and/or candidates: Electoral Management Board Yes. 1 - The Entidade das Contas e Financiamentos Políticos (Supervising Body of Political Party Accounting and Funding) is an independent body which works with the Constitutional Court, providing it with technical assistance in the examination and auditing of the accounts of political parties and election campaigns. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 24(1))
Institutions receiving financial reports from political parties and/or candidates: Auditing agency No. Absent from legal framework
Institutions receiving financial reports from political parties and/or candidates: Ministry No. Absent from legal framework
Institutions receiving financial reports from political parties and/or candidates: Special institution Yes. Supervising Body of Political Party Accounting and Funding (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 24(1))
Institutions receiving financial reports from political parties and/or candidates: Court Yes. Constitutional Court (EMB in relation to referenda) (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 24(1))
Institutions receiving financial reports from political parties and/or candidates: Other No. Absent from legal framework
Political finance oversight
Is it specified that a particular institution(s) is responsible for examining financial reports and/or investigating violations?
Institution responsible for examining financial reports and/or investigating violations: Court No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Ministry No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Auditing agency No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Electoral Management Body No. Absent from legal framework
Institution responsible for examining financial reports and/or investigating violations: Institution for this purpose Yes. 2 - As part of the functions referred to in the preceding paragraph, the Supervising Body of Political Party Accounting and Funding is responsible for examining the procedures that the Constitutional Court reviews, as well as for verifying correspondence between reported expenditures and actual costs. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 24(2))
Institution responsible for examining financial reports and/or investigating violations: Other No. Absent from legal framework
Other institutions with a formal role in political finance oversight
Institutions with a formal role in political finance oversight: Court No. Absent from legal framework
Institutions with a formal role in political finance oversight: Ministry No. Absent from legal framework
Institutions with a formal role in political finance oversight: Auditing agency No. Absent from legal framework
Institutions with a formal role in political finance oversight: EMB No. Absent from legal framework
Institutions with a formal role in political finance oversight: Institution for this purpose No. Absent from legal framework
Institutions with a formal role in political finance oversight: Other No. Absent from legal framework
Sanctions for political finance infractions
Sanctions for political finance infractions: Fines Yes. 1 - Political parties which fail to comply with the obligations set out under Chapter II shall be punished with a fine of not less than 10 times the value of the IAS and not more than 400 times the value of the IAS, whereas, in addition, the unlawfully received values will be forfeit in favour of the State. Numerous other fines listed (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 29(1))
Sanctions for political finance infractions: Loss of public funding No. Absent from legal framework
Sanctions for political finance infractions: Penal/Criminal Yes. 2 - Leaders of political parties, individuals and directors of corporations who personally participate in allocating and obtaining prohibited financing shall be punished with imprisonment from 1 to 3 years. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 28(1))
Sanctions for political finance infractions: Forfeiture Yes. 1 - Political parties which obtain revenue for the election campaign in manners not permitted by the present law or which do not comply with the limits specified in Article 20 will be punished with a fine of not less than 20 times the value of the IAS and not more than 400 times the value of the IAS, whereas unlawfully received values will be forfeit in favour of the State. (Financing of Political Parties and Election Campaigns, 2003, amended 2015, Art 30(1))
Sanctions for political finance infractions: Deregistration of party No. Absent from legal framework
Sanctions for political finance infractions: Loss of elected office No. Absent from legal framework
Sanctions for political finance infractions: Suspension of political party No. Absent from legal framework
Sanctions for political finance infractions: Loss of nomination of candidate No. Absent from legal framework
Sanctions for political finance infractions: Loss of political rights No. Absent from legal framework
Sanctions for political finance infractions: Other No. Absent from legal framework
Qualitative data for 2017
Law on Financing of Political Parties and Election Campaigns, 2003, amended 2015 (Portuguese) pdf
Electoral Law, 1979, amended 2016 (Portuguese) pdf
Organic Law No. 3/2006, amended 2016 (Portuguese) pdf
Penal Code, 1982, amended 2015 (Portuguese) pdf
The Portuguese Public Oversight of Political Posts (1983, last amended in 2010) sets down the same financial disclosure regulations for all public officials. Thus, the Head of State, Ministers, Members of Parliament, and Civil Servants are obliged to declare real estate, movable assets, cash, debts, and received gifts. In addition, net income from outside employment as well as shareholdings in a private or public company must be declared. There is no constant filling requirement for public officials, but statements are made only upon taking and leaving office.
The Head of State and Ministers face sanctions only in the case of making false disclosure. While MPs and Civil Servants also face these sanctions, they may additionally be punished by inhibition if they fail to submit disclosure statements. The Constitutional Court functions as depository body for all officials' declarations and together with the Public Prosecutor ensures law enforcement. However, no body is specified to ensure the accuracy of statements. All statements are made available to citizens upon request, given that the Constitutional Court deems a publication appropriate.
Disclosure items 38 39 39 39
Filing frequency 50 50 50 50
Sanctions 67 67 67 67
Monitoring and Oversight 50 50 50 50
Public access to declarations 50 50 50 50
Alternative Metric
Head of State 51 51 51 51
Ministers 51 51 51 51
Members of Parliament 51 52 52 52
Civil servants 51 51 51 51
Disclosure items
Spouses and children included in disclosure No. Absent from legal framework.
Income and Assets
Real estate Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Movable assets Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Cash Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Loans and Debts No. Absent from legal framework.
Income from outside employment/assets Yes. a) the total indication of constant gross income of the last statement submitted for the purposes of settlement of tax on personal income, or the same, when given, should be inserted; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Gifts received as a public official No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Ownership of state-owned enterprises (SOEs) Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Holding government contracts No. Absent from legal framework.
Board member, advisor, or company officer of private firm Yes. b) a description of the elements of its net assets , existing in the country or abroad, ordered by major headings, the real estate, shares, shares or other shares of the capital of civil or commercial companies, rights in boats, aircraft or motor vehicles, as well as portfolios , bank accounts over time, equivalent investments and since more than 50 minimum wages, bank current accounts and claims; (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Post-employment No. Absent from legal framework.
Simultaneously holding policy-making position and policy-executing position No. Absent from legal framework.
Participating in official decision-making processes that affect private interests No. Absent from legal framework.
Concurrent employment of family members in public sector No. Absent from legal framework.
Filing frequency
Filing required upon taking office Yes. The holders of political office and equivalent and the senior public officials have the Constitutional Court, within 60 days from the date of commencement of the performance of their duties, declaration of their income as well as its assets and social positions (Public Oversight of Political Posts (1983, last amended in 2010) Art. 1)
Filing required upon leaving office Yes. New statement, to date, is presented within 60 days of termination of service they have given the submission of the previous as well as renewal or re-election of the holder. (Public Oversight of Political Posts (1983, last amended in 2010) Art. 2)
Filing required annually No. Absent from legal framework.
Ad hoc filing required upon change in assets or conflicts of interest No. Absent from legal framework.
Sanctions stipulated for late filing (fines, administrative, and/or criminal) No. 1 - In case of non-submission of declarations provided for in Articles 1 and 2, the competent authority for your deposit shall notify the holder of the office to which it applies this law to be submitted within 30 calendar days under penalty. (Public Oversight of Political Posts (1983, last amended in 2010) Art. 3)
Sanctions stipulated for non-filing (fines, administrative, and/or criminal) Yes. 1 - In case of willful default, except for the President of the Republic, the President of the National Assembly and the Prime Minister, incur mandate of forfeiture, termination or judicial dismissal, as appropriate, or, in the case the situation under the first part of paragraph 1 of Article 2, incurring inhibition period of one to five years for the exercise of office requiring that declaration and that does not match the performance of functions as a career magistrate. (Public Oversight of Political Posts (1983, last amended in 2010) Art. 3)
Sanctions stipulated for false disclosure (fines, administrative, and/or criminal) Yes. Art 3.2 - Whoever makes false statement incurs the penalties provided for in the preceding paragraph and shall be punished by the misrepresentation crime under the law. (Public Oversight of Political Posts (1983, last amended in 2010) Art. 3 )
Monitoring and Oversight
Depository body explicitly identified Yes. The Constitutional Court is the depository body. It receives files in the original or as an authorized copy, and may request a proof of authorship if in doubt (Public Oversight of Political Posts (1983, last amended in 2010) Art. 5 Decree n. 1/2000 , Regulates Law Control of Public Wealth of Political Office Bearers, Art. 14 (2000))
Enforcement body explicitly identified No. Absent from legal framework.
Some agency assigned responsibility for verifying submission Yes. The Public Prosecutor at the Constitutional Court makes an annual analysis of the declarations made after the expiry of the mandates or termination of office of their respective owners. (Public Oversight of Political Posts (1983, last amended in 2010) Art. 5)
Some agency assigned responsibility for verifying accuracy No. Absent from legal framework.
Public access to declarations
Public availability Yes. Every citizen may request access to the declarations in parts or in whole. The constitutional court may deny access if the declarer has good reasons for keeping his declarations secret. http://www.tribunalconstitucional.pt/tc/en/jurisdiction.html#procedures7 (Public Oversight of Political Posts (1983, last amended in 2010) Art. 6)
Timing of information release specified No. Absent from legal framework.
Location(s) of access specified No. Absent from legal framework.
Cost of access specified Yes. 1 - The disclosure of the statements contained in this law is free. (Public Oversight of Political Posts (1983, last amended in 2010) Art. 6)
Participating in official decision-making processes that affect private interests Yes. If MPs see a conflict of interest in a decision, they must voice this conflict before voting or speaking on the matter, but are not restricted from doing so. (Art. 27 Statute for Deputies (1993, last amended 2009))
Decree n. 1/2000 , Regulates Law Control of Public Wealth of Political Office Bearers, 2000 (English) pdf
Public Oversight of Political Posts, 1983, amended 2010 (Portuguese) pdf
Statute for Deputies, 1993, amended 2009 (Portugese) pdf
Portugal's Law establishing the Code of Administrative Procedure (2015) states that anyone holding a public function must ask to be withdrawn from a decision-making process in which he holds a private interest. No further legislation on conflicts of interests exists for the Head of State or for Ministers. According to the Statute for Deputies (1993, last amended 2009), Members of Parliament may not exercise trading activities if they own over 10% of a company's shares. Additionally, they cannot be members of public companies, or hold government contracts. The Law on career and remuneration schemes for public employees (2008) obliges Civil Servants to generally avoid conflicts of interests. It also includes limitations on owning state-owned enterprises, and holding government contracts.
No sanctions for violating laws on conflicts of interests are specified for the Head of State or Ministers. Members of Parliament and Civil Servants however may face a fine for violations. Additionally, breaking laws on conflicts of interests may lead to a loss of mandate for MPs. For Ministers, no enforcement or monitoring bodies are specified. Members of Parliament may turn to the Ethics Committee of the Assembly of Deputies for guidance, while no enforcement body is specified. All the while, the Supreme Court is responsible for enforcement with the Head of State. The President and Secretary of each administrative body are responsible for monitoring, guidance and enforcement amongst Civil Servants.
Restrictions 18 28 32 32
Sanctions 8 25 25 25
Ministers 0 3 3 3
General restriction on conflict of interest No. Absent from legal framework.
Accepting gifts No. Absent from legal framework.
Private firm ownership and/or stock holdings No. Absent from legal framework.
Ownership of state-owned enterprises (SOEs) No. Absent from legal framework.
Board member, advisor, or company officer of private firm No. Absent from legal framework.
Participating in official decision-making processes that affect private interests Yes. Anyone holding a public function should ask for dispensation from a decision or act in which they have a conflict of interest. (Art. 73 Code of Administrative Procedure (2015))
Assisting family or friends in obtaining employment in public sector No. Absent from legal framework.
Fines are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Administrative sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Absent from legal framework.
Monitoring body specified (guidance, training, data tracking) No. Absent from legal framework.
Enforcement body specified (sanctions, hearings) Yes. The Supreme Court of Justice is responsible for making judgements on any infringements on behalf of the President; it may only take up a procedure if initiated by Parliament. (Art. 130 Constitution (1976, last amended 2005))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. Nomember of the Government shall be detained, arrested or imprisoned without the authorisation of the Assembly of the Republic, save for a serious crime punishable by imprisonment for a maximum term of more than three years and in flagrante delicto (Art. 196 Constitution (1976, last amended 2005))
Enforcement body specified (sanctions, hearings) No. Absent from legal framework.
Private firm ownership and/or stock holdings Yes. MPs may not exercise trade activity if they own 10% of the share of the company. (Art. 21 Statute for Deputies (1993, last amended 2009))
Ownership of state-owned enterprises (SOEs) Yes. MPs may not be members of public companies or companies largely held by the state. (Art. 20 Statute for Deputies (1993, last amended 2009))
Holding government contracts Yes. MPs may not enter into a contract with the state or any institutions of public law. (Art. 21 Statute for Deputies (1993, last amended 2009))
Board member, advisor, or company officer of private firm No. The law details that the potential for conflicts of interest is high when an MP or family member is part of an advisory board or governing body, but this is not forbidden. (Art. 27 Statute for Deputies (1993, last amended 2009))
Simultaneously holding policy-making position and policy-executing position Yes. MPs may not be pulblic employees. (Art. 20 Statute for Deputies (1993, last amended 2009))
Participating in official decision-making processes that affect private interests No. If MPs see a conflict of interest in a decision, they must voice this conflict before voting or speaking on the matter, but are not restricted from doing so. (Art. 27 Statute for Deputies (1993, last amended 2009))
Fines are stipulated for violations of COI regulations restricting behavior Yes. Exercising functions which have been declared incompatible leads to the MP returning the renumeration he has received since the incompatability has existed. (Art. 21.8 Statute for Deputies (1993, last amended 2009))
Administrative sanctions are stipulated for violations of COI regulations restricting behavior Yes. Exercising functions which have been declared incompatible leads to a loss of mandate. (Art. 20 Statute for Deputies (1993, last amended 2009))
Penal sanctions are stipulated for violations of COI regulations restricting behavior No. MPs may only receive prison sentences when authorised by parliament. (Art. 11 Statute for Deputies (1993, last amended 2009))
Monitoring body specified (guidance, training, data tracking) Yes. The Ethics Committee of the Assembly of Deputies is responsible for giving advice of incompatabillities. A parliamentary committee on the Statute for Deputies supervises whether any conflicts of interests have remained undeclared, gives advice to deputies, and gives opinions in the case of infringements. (Art. 20 Statute for Deputies (1993, last amended 2009) Art. 27a Statute for Deputies (1993, last amended 2009))
General restriction on conflict of interest Yes. Public functions are, as a rule, exercised on an exclusive basis. Any private activity that stands in conflict with the public function must be avoided. (ANNEX (referred to in Article 2) Art. 20, 22 General law on public functions (2014, amended 2016))
Private firm ownership and/or stock holdings Yes. The exercise of public functions can not be accumulated with private functions or activities, exercised under an autonomous or subordinate work, with or without remuneration, competitors, similar or conflicting with the public functions. (ANNEX (referred to in Article 2) Art. 22, 24 General law on public functions (2014, amended 2016))
Ownership of state-owned enterprises (SOEs) Yes. The exercise of public functions can not be accumulated with private functions or activities, exercised under an autonomous or subordinate work, with or without remuneration, competitors, similar or conflicting with the public functions. (ANNEX (referred to in Article 2) Art. 22, 24 General law on public functions (2014, amended 2016))
Holding government contracts Yes. The exercise of public functions can not be accumulated with private functions or activities, exercised under an autonomous or subordinate work, with or without remuneration, competitors, similar or conflicting with the public functions. (ANNEX (referred to in Article 2) Art. 22, 24 General law on public functions (2014, amended 2016))
Board member, advisor, or company officer of private firm Yes. The exercise of public functions can not be accumulated with private functions or activities, exercised under an autonomous or subordinate work, with or without remuneration, competitors, similar or conflicting with the public functions. (ANNEX (referred to in Article 2) Art. 22, 24 General law on public functions (2014, amended 2016))
Simultaneously holding policy-making position and policy-executing position Yes. The exercise of public functions can be combined with other public duties paid, provided the search manifest public interest accumulation and only in the following cases: a) participation in committees and working groups; B) Participation in consultative councils and in supervisory committees or other collegiate organs of supervision or control of public monies; C) Teaching or research activities of a duration not exceeding that fixed in an order of the members of the Government responsible for the areas of finance, Public Administration and education and that, without prejudice to the fulfillment of the weekly duration of the work, does not overlap in more than A quarter of the time inherent to the main function; D) Holding of conferences, lectures, short-term training actions and other activities of the same nature; Nopolicy-making positions are part of these exceptions. (ANNEX (referred to in Article 2) Art. 21 General law on public functions (2014, amended 2016))
Participating in official decision-making processes that affect private interests Yes. In the exercise of the authorized private functions or activities, public administration workers may not carry out any acts contrary to the interests of the service to which they belong or with them conflicting. The violation of the provisions of the previous number determines the revocation of the authorization for the accumulation of functions, and constitutes a serious disciplinary infraction. Anyone holding a public function should ask for dispensation from a decision or act in which they have a conflict of interest. (ANNEX (referred to in Article 2) Art. 22 General law on public functions (2014, amended 2016) Art. 73 Code of Administrative Procedure - new (2015))
Fines are stipulated for violations of COI regulations restricting behavior Yes. Public officials who act despite an existing conflict of interest must repay any damage that has resulted from their decision. (Annex, Art. 76 Code of Administrative Procedure - new (2015))
Monitoring body specified (guidance, training, data tracking) Yes. The accumulation of functions depends on prior authorization of the competent authority. (ANNEX (referred to in Article 2) Art. 23 General law on public functions (2014, amended 2016))
Enforcement body specified (sanctions, hearings) Yes. Each administrative body has a president and secretary, who are responsible for supervising that laws are kept to. (Art. 21 Code of Administrative Procedure (2015))
Constitution, 1976 amended 2005 (English) pdf
Code of Administrative Procedure, 2015 (Portugese) pdf
General law on public functions, 2014, amended 2016 (Portugese) pdf
The access to information framework in Portugal is established by the Constitution (1976) and the Law No. 26/2016 on access to and the re-use of administrative documents (2016). The FOI law applies to state bodies at the national and autonomous regional level insofar as they carry out public administration, and broad range of public and private bodies which carry out public functions. However, only administrative documents relevant to the legislature and judiciary are covered by the FOI law.
Specific exemptions to disclosure are outlined in the aforementioned FOI law, the Constitution (1976), the Code of Criminal Procedure (1987), and the Protection of Personal Data Law (1998). No public interest test exists whereby exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.
Complaints by applicants may be made to the Commission on Access to Official Documents (CADA), but its decisions are not binding. The decision of the CADA may be then brought before the administrative courts for an appeal. Appeals are not accepted by public bodies.
There are no sanctions specified in the law for violations of FOI provisions. CADA is responsible for ensuring compliance with the provisions of the freedom of information law, but it is not clear whether this includes management of the implementation process.
Scope and Coverage 100 100 100 100
Information access and release 71 71 71 71
Exceptions and Overrides 67 50 50 67
Sanctions for non-compliance 0 0 0 0
Scope and Coverage
Information access and release
Exceptions and Overrides
Sanctions for non-compliance
Scope of disclosure
Existence of legal right to access Yes. (1)Citizens shall possess the right to be in formed by the Administration whenever they so request as to the progress of the processes in which they are directly interested, as well as to be made aware of such decisi ons as are taken in relation to them. (2)Without prejudice to the law governing matters of internal and external security, criminal investigation and personal privac y, citizens shall also possess the right of access to administrative files and records. (Article 268 of the Constitution of Portugal, 1976, amended 2005)
"Information" or "Documents" is defined Yes. - For the purposes of this law, it is considered: (a) 'administrative document' means any content, or part thereof, which is held or held on behalf of the bodies and entities referred to in in the following article, be the information medium in written, visual, sound, electronic or other material form, including, in particular, those relating to; i) Procedures for issuing administrative acts and regulations; (ii) procurement procedures, including contracts concluded; iii) Budget and financial management of organs and entities; (iv) Human resources management, in particular the procedures for recruitment, evaluation, exercise of disciplinary powers and any modifications of their legal relations. b) 'Nominative document' means the administrative document containing personal data, defined in accordance with the legal regime for data protection personal; (c) 'open format' means a publicly available and reusable file format, regardless of the platform used, in accordance with the which regulates the adoption of open standards for digital information in the Public Administration; (d) 'Machine readable format' means a structured file format so that it is possible, through software applications, to identify, recognize and extract specific data, including declarations of fact, as well as their internal structure; (e) 'environmental information' means any information of an administrative nature in written, visual, sound, electronic or other physical form, relating to: (i) the condition of the elements of the environment, such as air and atmosphere, water, soil, land, landscape and areas of natural interest, including areas wetlands, coastal and marine areas, biological diversity and its components, including genetically modified organisms, and the interaction between these elements; (ii) to factors such as substances, energy, noise, radiation or waste, including radioactive waste, emissions, discharges and other releases for the environment, which affect or may affect the elements of the environment referred to in the previous paragraph; (iii) political, legislative and administrative measures, including plans, programs, environmental agreements and actions affecting or likely to affect elements or factors referred to in the previous sub-paragraphs, as well as measures or actions aimed at their protection; iv) Reports on the implementation of environmental legislation; (v) cost-benefit analyzes and other economic assessments and scenarios used within the framework of environmental measures and activities referred to in (iii); (vi) the health and safety of persons, including contamination of the food chain, living conditions, cultural interests and constructions insofar as they are or may be affected by the condition of the elements referred to in point (i) or, through those factors or measures referred to in points (ii) and (iii); (f) 'open formal standard' means a standard drawn up in written form, detailing specifications as regards the requirements to ensure the interoperability of software; (g) 're-use' means the use, by natural or legal persons, of administrative documents for commercial or non-commercial purposes other than the service for which the documents were produced. 2 - Administrative documents are not considered for the purposes of this law: a) Personal notes, sketches, notes, personal electronic communications and other records of a similar nature, whatever their support; b) Documents whose preparation does not depend on the administrative activity, namely those related to the meeting of the Council of Ministers and / or meeting of Secretaries of State and their preparation; c) Documents produced within the diplomatic relations of the Portuguese State. (Article 3 Law No. 26/2016 on access to and the re-use of administrative documents)
Proactive disclosure is specified Yes. 1 - The bodies and entities to which this law applies shall advertise on their websites on a periodic and updated basis, at least every six months: a) Administrative documents, data or lists that invent them that they deem freely available for access and re-use under the terms of this law, without prejudice to the legal regime for the protection of personal data; b) The electronic address, place and time for on-site consultation, request model or other suitable means through which requests for access and re-use of the information and documents covered by this law may be sent; c) The information whose knowledge is relevant to guarantee the transparency of the activity related to its operation, at least the following: i) Activity plans, budgets, activity reports and accounts, social report and other similar management tools; ii) Composition of its management and supervisory bodies, organization chart or other internal organic model; iii) All documents, namely internal normative orders, circulars and guidelines, which carry a strategic framework of the administrative activity; iv) The enunciation of all documents that carry generalizing interpretation of positive law or generic description of administrative procedure, mentioning in particular their title, subject, date, origin and place where they can be consulted. d) The rules and conditions for the re-use of the information applicable in each case. 2 - The administrative information available on the Internet sites referred to in the preceding paragraph is indexed in the online public information search system, pursuant to article 49 of Decree-Law no. 135/99 of April 22 , amended by Decree-Laws No. 29/2000 of 13 March, 72-A / 2010 of 18 June and 73/2014 of 13 May. 3 - The information referred to in this article shall be made available in an open format and in terms that allow unrestricted access to the contents, giving priority to the availability in machine-readable formats that allow its automated processing. 4. The administrative information referred to in paragraph 1 (c) shall remain available for two years or, in the case of local authorities, for the duration of each term, excluding the period of validity, where applicable, or during the appropriate time for the satisfactory disclosure of its contents, if superior. 5 - The active disclosure of information should ensure respect for the access restrictions provided for in this law, and partial disclosure should be made whenever it is possible to purge the information related to the reserved matter. (Article 10 Law No. 26/2016 on access to and the re-use of administrative documents)
Coverage of public and private sectors
Executive branch Yes. The freedom of information law applies to State bodies at the national and autonomous regional level insofar as they carry out Public Administration. (Article 4 Law No. 26/2016 on access to and the re-use of administrative documents)
Legislative branch Yes. Administrative documents relevant to the legislature (Article 4 Law No. 26/2016 on access to and the re-use of administrative documents)
Judicial branch Yes. Administrative documents relevant to the judiciary (Article 4 Law No. 26/2016 on access to and the re-use of administrative documents)
Other public bodies Yes. The law covers administrative documents held by a broad range of public and private bodies which carry out public functions (Article 4 Law No. 26/2016 on access to and the re-use of administrative documents)
Private sector Yes. The law covers administrative documents held by a broad range of public and private bodies which carry out public functions (Article 4 Law No. 26/2016 on access to and the re-use of administrative documents)
Access to specific documents (subject to reactive and/or proactive disclosure)
Draft legal instruments Yes. 1 - The bodies and entities to which this law applies shall advertise on their websites on a periodic and updated basis, at least every six months: c) The information whose knowledge is relevant to guarantee the transparency of the activity related to its operation, at least the following: iii) All documents, namely internal normative orders, circulars and guidelines, which carry a strategic framework of the administrative activity; iv) The enunciation of all documents that carry generalizing interpretation of positive law or generic description of administrative procedure, mentioning in particular their title, subject, date, origin and place where they can be consulted. d) The rules and conditions for the re-use of the information applicable in each case. (Article 10 Law No. 26/2016 on access to and the re-use of administrative documents)
Enacted legal instruments Yes. The Constitution requires that all laws must be published in the Diário da República (Official Gazette) in order to be binding. (Article 119, Constitution of Portugal, 1976, amended 2005)
Annual budgets Yes. The Government, regional and local governments must ensure publication of all documents necessary to guarantee appropriate dissemination and transparency of the State, regional and local budgets and their execution using the most advanced media at all times. (Article 12, Budget Framework Law No. 52/2011 of 13 October)
Annual chart of accounts (actual expenditures) Yes. The Government, regional and local governments must ensure publication of all documents necessary to guarantee appropriate dissemination and transparency of the State, regional and local budgets and their execution using the most advanced media at all times. (Article 12, Budget Framework Law No. 52/2011 of 13 October)
Annual reports of public entities and programs Yes. 1 - The bodies and entities to which this law applies shall advertise on their websites on a periodic and updated basis, at least every six months: c) The information whose knowledge is relevant to guarantee the transparency of the activity related to its operation, at least the following: iii) All documents, namely internal normative orders, circulars and guidelines, which carry a strategic framework of the administrative activity; iv) The enunciation of all documents that carry generalizing interpretation of positive law or generic description of administrative procedure, mentioning in particular their title, subject, date, origin and place where they can be consulted. d) The rules and conditions for the re-use of the information applicable in each case. (Article 10 Law No. 26/2016 on access to and the re-use of administrative documents)
Procedural access
Universal access (agencies, citizens and non-citizens) Yes. The law gives everyone the right of access to administrative documents without the need to state any interest. (Article 5 Law No. 26/2016 on access to and the re-use of administrative documents)
Type of request is specified (written, electronic, oral) Yes. Requests must be made in written form. Public bodies may also accept verbal applications if provided for by law. (Article 12 Law No. 26/2016 on access to and the re-use of administrative documents)
Assistance to requesters must be provided by law (includes barriers due to language differences, illiteracy, complexity of requests, etc.) Partially. 1 - Access to health information by the holder, or third parties with their consent or according to the law, is exercised through a physician if the holder of the information so requests, with respect to the provisions of Law no. 12/2005, of January 26. 2 - If it is not possible to establish the will of the holder regarding access, it is always carried out with the intermediary of a physician. 3 - In the case of access by third parties with the consent of the data subject, only information expressly covered by the instrument of consent should be communicated. 4 - In other cases of access by third parties, only information that is strictly necessary for the direct, personal, legitimate and constitutionally protected interest that supports access can be transmitted. (Article 7 Law No. 26/2016 on access to and the re-use of administrative documents)
Cost of access is specified (free, request fees, photocopying costs, other administrative costs) Yes. 1 - Access through the means provided for in points b) and c) of paragraph 1 of the previous article shall be made through a single copy, subject to payment, by applicant, of the fixed rate, which shall comply with the following principles: (a) correspond to the sum of the proportional charges with the use of machines and tools for the collection, production and reproduction of the costs of the materials used and with the service provided, not exceeding the average market value per corresponding service; b) In the case of issuance of a certificate, when the document made available constitutes the material result of an administrative activity for which fees or charges, the charges referred to in the previous paragraph may be increased by a reasonable amount, in view of the direct costs and investments and the good quality of the service, in accordance with the applicable legislation; (c) The fees collected may, where applicable and required by law, increase the cost of anonymizing documents and remittance charges, where this is be made by post; d) In the case of reproduction carried out by electronic means, namely sending by e-mail, no fee is due. (Article 14 Law No. 26/2016 on access to and the re-use of administrative documents)
Deadlines for release of information
20-day response deadline Yes. The response deadline is 10 days. (Article 15.1 Law No. 26/2016 on access to and the re-use of administrative documents)
Agency granted right to extend response time Yes. If justified by the volume or complexity of the information requested, the response time may be extended to a maximum of two months. (Article 15.1 Law No. 26/2016 on access to and the re-use of administrative documents)
Maximum total response time of no more than 40 days No. The maximum response time for large or complex requests may be up to a maximum of two month. (Article 15.1 Law No. 26/2016 on access to and the re-use of administrative documents)
Exemptions to disclosure
Existence of secrecy/states secrets law No. There is no law although there is a provision defining a State Secret in the Code of Criminal Procedure (Article 137, Code of Criminal Procedure 1987, amended 2016)
Existence of personal privacy/data law Yes. The Constitution provides for a right to protection for personal data and a right protection of privacy of personal and family life. Law 67/1998 defines the scope of data protection, and outlines regulations for accessing, processing, and transferring personal data, as well as outlining the rights of the data subject. (Article 26 and Article 35, Constitution of Portugal, 1976, amended 2005 Law 67/1998 on the Protection of Personal Data, 1998, amended 2015)
Specific exemptions to disclosure Yes. Exempted information includes: that which might endanger or damage the internal and external security of the State; preparatory administrative documents which are less than one year old; information about inquiries and investigations during the timeframe for where a disciplinary proceedings could take place; trade secrets; information about the confidentiality of legal proceedings (which is covered by separate legislation). Personal data can only be disclosed to a third party with written authorisation from the person to whom the data refer. Records in the historical archives are generally not released for public access until they are 30 years old. Personal or nominative data in the archives cannot be accessed until 50 years after the death of the person concerned. (Article 6 Law No. 26/2016 on access to and the re-use of administrative documents Law 67/1998 on the Protection of Personal Data, 1998, amended 2015 Legal diploma regulating the activity of the Commission for the Declassification of Diplomatic Records, 2004)
Public Interest test: Specified exemptions to disclosure may be overridden in cases where disclosure of information benefits the public interest.
Appeals allowed within public entities Yes. Communicate in writing the reasons for the total or partial refusal of access to the document, as well as the guarantees of administrative and contentious appeal that the applicant has against this decision, namely the submission of a complaint to CADA and the judicial summons of the requested entity (Article 15 Law No. 26/2016 on access to and the re-use of administrative documents)
Independent, non-judicial appeals mechanism, e.g., information commissioner. Does not include Ombudsman unless appeals decisions are binding. No. Complaints by applicants may be made to the CADA, which issues a formal opinion on its findings. This opinion is not binding. (Articles 15 and 30 Law No. 26/2016 on access to and the re-use of administrative documents)
Judicial appeals mechanism Yes. The decision of the CADA may be brought before the administrative courts for an appeal. (Article 15 Law No. 26/2016 on access to and the re-use of administrative documents)
Administrative sanctions are specified for violations of disclosure requirements No. There are sanctions for illegal re-use of information but not for failure to disclose.
Fines are specified for violations of disclosure requirements No. Absent from legal framework
Criminal sanctions are specified for violations of disclosure requirements No. Absent from legal framework
Information officers must be appointed in public agencies Yes. Each body or entity referred to in Article 4 (1) shall designate a person responsible for compliance with the provisions of this law, which shall be responsible for organizing and promoting the obligations of active disclosure of information to which the body or entity is bound. , monitor the processing of requests for access and re-use and establish the necessary articulation for the exercise of the powers of the Commission for Access to Administrative Documents, hereinafter referred to as CADA. (Article 9 Law No. 26/2016 on access to and the re-use of administrative documents)
Public body that is responsible for applying sanctions No. The Commission on Access to Official Documents (CADA) is an independent administrative body, which reports to the National Assembly and is responsible for ensuring compliance with the provisions of the freedom of information law. It applies sanctions for illegal re-use of information but not for failure to disclosure information.
Public body that is responsible for public outreach (raising public awareness) No. Absent from legal framework
Nodal agency for RTI (implementation support/compliance within public sector). Does not include Ombudsman. Yes. 1. CADA shall be an independent administrative body, which shall operate under the aegis of the Assembly of the Republic and shall be responsible for making its best efforts to ensure compliance with the provisions of the present Law. 2. 2. CADA shall dispose of an annual budget, provision for which shall be included in the budget of the Assembly of the Republic. (Article 25 Law No. 26/2016 on access to and the re-use of administrative documents)
Ombudsman involvement in implementation is specified by law No. Absent from legal framework
Reporting of data and/or implementation is required No. Absent from legal framework
Constitution of Portugal, 1976, amended 2005 (English) pdf
Law No. 26/2016 on access to and the re-use of administrative documents (Portuguese) pdf
Budget Framework Law No. 52/2011 (Portuguese) pdf
Code of Criminal Procedure 1987, amended 2016 (Portuguese) pdf
Law 67/1998 on the Protection of Personal Data, 1998, amended 2015 (Portuguese) pdf
Legal diploma regulating the activity of the Commission for the Declassification of Diplomatic Records, 2004 (Portuguese) pdf
The Portuguese public procurement system is regulated primarily by the Public Contracts Code (2012), and other legislations such as Administrative Procedural Law (2015), Procedural Code of the Administrative Courts (last amended in 2015). There is no independent public procurement body.
The lowest minimum thresholds for conducting a public procurement tender are:
▪ EUR 7,500 for goods
▪ EUR 15,000 for works
▪ EUR 7,500 for services
The minimum number of bidders is 5 for restricted procedures and 3 for negotiated procedures and competitive dialogue. The minimum submission period is 9 days for open procedures, 9 days for restricted procedures and 40 days for negotiated procedures from dispatch date. If tenders are above the EU threshold, the minimum period is 47 days.
There is no case for preferential treatment, but sustainability can be considered during the tendering process. However, there are several options for bid exclusion: bankruptcy, conviction on grounds of professional misconduct, outstanding tax or social security liabilities, having been sanctioned for labor misconduct, fraud, money laundering. Bids can be also excluded because of abnormally low bid prices.
In the bid evaluation phase, there are no conflict of interest restrictions on the composition of the evaluation committee and provisions on the independence of the contracting authority.
There is a payable fee in case of an arbitration procedure based on the value in dispute.
Scope 82 82 86
Information availability 33 33 33
Evaluation 75 75 75
Open competition 64 64 64
Institutional arrangements 29 29 29
Information availability
Threshold - lowest PP
What is the minimum contract value above which the public procurement law is applied? (Product type GOODS) EUR 5000. The direct award procedure can be used for contracts with a value of less than €75000. Contracting entities must publicise on the Public Procurement Portal the award notice of any contract concluded under the direct award procedure. Otherwise such a contract will be ineffective and it will not be possible to start its performance or to make any payment under its provisions, but if the value is less than €5000 is not subject to certain formalities provided in the Code, including those relating to the conclusion of the contract and the disclosure . (Código dos Contractos Públicos (CCP) (as amended 2015) art. 20.ş, 127.ş, 128.ş-3, 465.ş-1)
What is the minimum contract value above which the public procurement law is applied? (Product type WORKS) EUR 5000. The direct award procedure can be used for contracts with a value of less than €150000. Contracting entities must publicise on the Public Procurement Portal the award notice of any contract concluded under the direct award procedure. Otherwise such a contract will be ineffective and it will not be possible to start its performance or to make any payment under its provisions, but if the value is less than €5000 is not subject to certain formalities provided in the Code, including those relating to the conclusion of the contract and the disclosure . (Código dos Contractos Públicos (as amended 2015)art. 19.ş, 127.ş,128.ş-3, 465.ş-1)
What is the minimum contract value above which the public procurement law is applied? (Product type SERVICES) EUR 5000. The direct award procedure can be used for contracts with a value of less than € 75000. Contracting entities must publicise on the Public Procurement Portal the award notice of any contract concluded under the direct award procedure. Otherwise such a contract will be ineffective and it will not be possible to start its performance or to make any payment under its provisions., but if the value is less than €5000 is not subject to certain formalities provided in the Code, including those relating to the conclusion of the contract and the disclosure . For the open and rectricted tenders there is no threshold if the calls are published in in the Official Journal of the European Union (Código dos Contractos Públicos (as amended 2015) art. 20.ş, 127.ş, 128.ş-3, 465.ş-1)
Threshold - by PP type
What are the minimum application thresholds for the procurement type? (Entity: PUBLIC SECTOR) EUR 75000. The direct award procedure can be used for the following types of contracts: (a) Public works contracts with a value of less than €150000; (b) Contracts for the purchase of goods and services with a value of less than €75000; (c) Other contracts with a value of less than € 100000. The direct award can also be used in procedures for contracts of any value when specific material reasons expressly identified in the Code are given, namely in cases of imperative urgency, where there is only one supplier or provider or where a previous tender procedure has received no response at all and when contract should be declared secret or their execution must be accompanied by special security measures, as well as when the protection of essential interests of the State requires. For the open and rectricted tenders there is no threshold if the calls are published in in the Official Journal of the European Union (Código dos Contractos Públicos (as amended 2015) art. 20.ş-1 a), 19.ş -a), art.21.ş-1.b), art. 24.ş-1)
What are the minimum application thresholds for the procurement type? (Entity: UTILITIES) EUR 75000. The direct award procedure can be used for the following types of contracts: (a) Public works contracts with a value of less than €150000; (b) Contracts for the purchase of goods and services with a value of less than €75000; (c) Other contracts with a value of less than € 100000. The direct award can also be used in procedures for contracts of any value when specific material reasons expressly identified in the Code are given, namely in cases of imperative urgency, where there is only one supplier or provider or where a previous tender procedure has received no response at all contract should be declared secret or their execution must be accompanied by special security measures, as well as when the protection of essential interests of the State requires. For the open and rectricted tenders there is no threshold if the calls are published in in the Official Journal of the European Union (Código dos Contractos Públicos (as amended 2015) art. 20.ş-1 .a), 19.ş-a), 21.ş-1 b), art.24.ş-1)
What are the minimum application thresholds for the procurement type? (Entity: DEFENCE) EUR 75000. The direct award procedure can be used for the following types of contracts: (a) Public works contracts with a value of less than €150000; (b) Contracts for the purchase of goods and services with a value of less than €75000; (c) Other contracts with a value of less than € 100000. The direct award can also be used in procedures for contracts of any value when specific material reasons expressly identified in the Code are given, namely in cases of imperative urgency, where there is only one supplier or provider or where a previous tender procedure has received no response at all contract should be declared secret or their execution must be accompanied by special security measures, as well as when the protection of essential interests of the State requires. There are no open awards in the defence sector but for rectricted tenders there is no threshold if the calls are published in in the Official Journal of the European Union ( Art. 14.ş, art. 73.ş do Decreto-Lei n.ş 104/2011, 06.10 (Public Procuremente law in the fields of defense and security))
Threshold - by product type
What are the minimum application thresholds for the procurement type? (Product type GOODS) EUR 75000. The direct award procedure can be used for the purchase of goods with a value of less than €75000. The direct award can also be used in procedures for contracts of any value when specific material reasons expressly identified in the Code are given, namely in cases of imperative urgency, where there is only one supplier or provider or where a previous tender procedure has received no response at all contract should be declared secret or their execution must be accompanied by special security measures, as well as when the protection of essential interests of the State requires. For open and rectricted tenders there is no threshold if the calls are published in in the Official Journal of the European Union (Código dos Contractos Públicos (as amended 2015) art. 20.ş-1 a))
What are the minimum application thresholds for the procurement type? (Product type WORKS) EUR 150000. The direct award procedure can be used for public works contracts with a value of less than €150000. The direct award can also be used in procedures for contracts of any value when specific material reasons expressly identified in the Code are given, namely in cases of imperative urgency, where there is only one supplier or provider or where a previous tender procedure has received no response at all and when contract should be declared secret or their execution must be accompanied by special security measures, as well as when the protection of essential interests of the State requires. For the open and rectricted tenders there is no threshold if the calls are published in in the Official Journal of the European Union (Código dos Contractos Públicos (as amended 2015) art. 19.ş- a))
What are the minimum application thresholds for the procurement type? (Product type SERVICES) EUR 75000. The direct award procedure can be used for contracts for the purchase of services with a value of less than €75000. The direct award can also be used in procedures for contracts of any value when specific material reasons expressly identified in the Code are given, namely in cases of imperative urgency, where there is only one supplier or provider or where a previous tender procedure has received no response at all and when contract should be declared secret or their execution must be accompanied by special security measures, as well as when the protection of essential interests of the State requires. For the open and rectricted tenders there is no threshold if the calls are published in in the Official Journal of the European Union (Código dos Contractos Públicos (as amended 2015) art. 20.ş-1.a))
Publishing and record keeping
Is there a requirement that tender documents must published in full? Yes. The general rule determines the obligation to publish, in the public procurement web portal, the evidence relating to the formation and implementation of public contracts, from the beginning of the procedure until the end of the execution (Código dos Contractos Públicos (as amended 2015) art.465.ş-1)
Are any of these documents published online at a central place? Yes. Public procurement web portal- Base, Portal dos Contratos Públicos (http://www.base.gov.pt/)
Is it mandatory to keep all of these records? -Public notices of bidding opportunities, -Bidding documents and addenda, -Bid opening records, -Bid evaluation reports, -Formal appeals by bidders and outcomes, -Final signed contract documents and addenda and amendments, -Claims and dispute resolutions, -Final payments, -Disbursement data (as required by the country's financial management system) No. The Code does not specify which documents should be kept on file. The Code determines that the contracting authority shall retain, for a period of four years for goods and services and five years for works from the date of conclusion of the contract, all documents relating to the procedure for the formation of the contract that will enable to justify all decisions. (Código dos Contractos Públicos (as amended 2015), art. 384.ş- 4 and art. 107.ş, (ex vi artigo 59.ş da Lei n.ş 96/2015, de 17 de agosto) )
Are contracts awarded within a framework agreement published (ie mini contracts)? Yes. The Code does not specify special disclosure rules for this type of contracts. We should apply the general rule that determines the obligation to publish, in the public procurement web portal, the evidence relating to the formation and implementation of public contracts, from the beginning of the procedure until the end of the execution (Código dos Contractos Públicos (as amended 2015) art. 465.ş-1)
Is it mandatory to publish information on subcontractors (ie names) in some cases? No.
If yes, what is the threshold for publication (i.e. the % of total contract value subcontracted)? For example, if the threshold is 75%, and you have subcontracted out only 40% of your contract, no disclosure is required. Consultant will insert 75% in the short answer column. 0%.
Is there a ban on mentioning specific companies or brands in tender specification/call for tender? Yes. Note: In exceptional cases (where there is not possible to describe in sufficiently precise and intelligible language the services to be concluded), it is permitted to define the technical specifications by reference, accompanied by the words "or equivalent", to companies or brands (Código dos Contractos Públicos (as amended 2015) art. 49.ş-12 , 49.ş-13)
Is there a preferential treatment for small-to-medium enterprises (SMEs)? No. ( )
Is there a preferential treatment for local/national companies? (companies from other EU MS are considered foreign companies) No.
Is there a specific set of rules for green/sustainable procurement? Yes. Where the technical specifications are set out in terms of performance or functional requirements which relate to environmental practices and criteria, the specficiation may provide the requisite detail using the European Eco-label or any other eco-label that meets the required standards. (Código dos Contractos Públicos (as amended 2015) art. 49.ş- 7)
Bid evaluation
Are there restrictions on allowable grounds for tenderer exclusion? Yes. Entities cannot be candidates, competitors or integrate in any grouping if they: a) are in a state of insolvency, declared by judicial decision, in liquidation, dissolution or cessation of activity, subject to any means of settlement with creditors or in any similar situation, or have their case pending, except when they are covered by a plan, under the legislation in force; b) Have been convicted by a final judgment of any offense concerning his professional conduct, c) have been the subject of application of administrative penalty for grave professional misconduct (d) have debts to the social security scheme in Portugal or, if this is the case, in the State of which they are nationals ; e) have debt taxes in Portugal or, if this is the case, in the State of which they are nationals or in which its head office is situated; (f) have been the object of the additional sanction provided for in paragraph (e) of paragraph 1 of article 21 of Decree-Law no. 433/82 of 27 October, in paragraph (b) of paragraph 1 of article 71 of Law no. 19/2012, of 8 May, and in paragraph 1 of article 460(2) of the Public Procurement Code, during the period of inability to set the condemnatory decision; (g) have been the subject of additional sanction provided for in paragraph (b) of paragraph 2 of article 562(2) of the Labor Code; h) have been the subject of application, less than two years ago, of administrative or judicial penalty for use at your service of labor legally subject to the payment of taxes and social security contributions, not declared under the rules that impose this obligation, in Portugal or in the State of which they are nationals or in which its head office is situated; (i) have been convicted by a final judgment of one of the following crimes, if however has not occurred to their rehabilitation, in the case of natural persons, or, in the case of legal persons, have been condemned by the same crimes the company officers of administration, management or management of same And these are in full exercise of their functions, if however has not occurred to their rehabilitation: (i) participation in a criminal organization, as defined in paragraph 1 of article 2(3) of the Joint Action No. 98/773/JHA Council; (ii) Corruption, within the meaning of Article 3(1) of the Act of 26 May 1997, and of paragraph 1 of article 3(2) of the Joint Action No. 98/742/JHA Council; (iii) fraud within the meaning of Article 1(3) of the Convention on the Protection of the Financial Interests of the European Communities; iv) Money laundering as defined in Article 1(2) of Directive no. 91/308/EEC of 10 June, on the prevention of the use of the financial system for the purpose of money Capital; j) have, in any way, provided, directly or indirectly, advice or technical support in the preparation and drafting of parts of the procedure which gives them an advantage which distorts the normal competitive conditions. (Código dos Contractos Públicos (as amended 2015) art.ş 55)
Are some bids automatically excluded? e.g., lowest/highest price; unusually low price, etc. Yes. Bids are excluded the proposals where: a) they have not submitted the necessary documents b) they have attributes that violate the basic parameters laid down in the contract documents or showing any terms or conditions that violate aspects of the execution of the contract to be concluded by that are not subject to competition, (c) it is impossibile to assess the same due to the form of presentation of some of their attributes; (d) the contract price would be higher than the base price; e) a total price is abnormally low and the justification is not satisfactory (f) the final contract would imply the violation of any legal bindings or applicable regulations; g) the existence of strong evidence of acts, agreements, practices or information likely to distort the rules of competition. (Código dos Contractos Públicos (as amended 2015) art. 70.ş-2)
Is scoring criteria published? Yes. The tender announcement should indicate the scoring criteria (Código dos Contractos Públicos (as amended 2015) art. 132ş-1.n))
Are decisions always made by a committee? Yes. For open procedures, the award of contracts is always conducted by a jury, appointed by the competent body for the decision to contract. This does not happen for a direct award with a single supplier. (Código dos Contractos Públicos (as amended 2015) art. 67.ş-1)
Are there regulations on evaluation committee composition to prevent conflict of interest? No.
Is some part of evaluation committee mandatorily independent of contracting authority? No.
Are scoring results publicly available? No.
Does the law specify under which conditions the tender can be cancelled? Yes. Particularly when it has been concluded: a) as a result of a procedure of formation of contract without prior publication of a notice of the relevant procedure in the Official Journal of the European Union, when required; b) Before expiry, where applicable, the period of suspension. There is also other causes of recognized by civil law; b) The withdrawal; c) The resolution, by judicial decision or arbitral tribunal or by decision of the public contractor. (Código dos Contractos Públicos (as amended 2015) art. 283.ş-A, art. 330.ş, art. 331.ş. Art. 332.ş, art. 333.ş, art. 334.ş, art. 335.ş)
CFT publication
Does the law specify the location for publicizing open calls for tenders? Yes. The tenders are published in Diário da República electronic and Official Journal of the European Union (when required by european rules) (Código dos Contractos Públicos (as amended 2015) art. 130.ş-1, 131.ş)
Does the law specify the location for publicizing restricted calls for tenders? Yes. The tenders are published in Diário da República electronic and Official Journal of the European Union (when required by european rules) (Código dos Contractos Públicos (as amended 2015) art. 167.ş-1 and 2)
Does the law specify the location for publicizing negotiated calls for tenders? Yes. The tenders are published in Diário da República electronic and Official Journal of the European Union (when required by european rules) (Código dos Contractos Públicos (as amended 2015) art. 197.ş -1 and 2)
Minimum # of bidders
What is the minimum number of bidders for restricted procedures? 5. (Código dos Contractos Públicos (as amended 2015) art. 164 - 1 m)ii)
What is the minimum number of bidders for negotiated procedures? 3. (Código dos Contractos Públicos (as amended 2015) art. 196.ş-a)
What is the minimum number of bidders for competitive dialogue procedures? 3. (Código dos Contractos Públicos (as amended 2015) art. 206.ş- 2)
Bidding period length
What are the minimum number of days for open procedures? 9. Minimum of 9 days for goos and services and 20 days for works. 47 days If are published in the Official Journal of the European Union (Código dos Contractos Públicos (as amended 2015) art. 135.ş, art.136.ş)
What are the minimum number of days for restricted procedures? 9. Minimum of 9 days. If are published in the Official Journal of the European Union the minimum are 37 days or 52 days for works concession (Código dos Contractos Públicos (as amended 2015) art. 173.ş, 174)
What are the minimum number of days for competitive negotiated procedures? 40. Minimum of 40 days. (Código dos Contractos Públicos (as amended 2015) art. 218.ş)
Institutions and regulations
Does the law specify the main EXCEPTIONS preventing the application of the public procurement law for tenders/organisations? Yes. Code does not apply to contracts concluded: a) under an international convention previously notified to the European Commission, and completed in accordance with the EY Treaty, between the State and one or more third States, which have as their object the execution of works intended for the implementation or exploitation of a public works project by the signatory or the acquisition of movable or services intended for the joint implementation or exploitation of a project by the signatory States; b) with national authorities of another Member State or a third State, pursuant to an international convention relating to the stationing of troops. Code does not apply also in case of c) employment contracts in public functions and individual employment contracts; d) Contracts for the donation of mobile assets in favor of any entity; e) contracts of purchase and sale, of giving, of exchange and of letting of immovable property or similar contracts; f) Contracts for the acquisition, development, production or co-production of programs intended for broadcasting by broadcasters or relating to (Código dos Contractos Públicos (as amended 2015) art. 4.ş)
Does the law specify the main types of institutions that must apply the public procurement law? Yes. • State, • Autonomous Regions, • Local Governments, • Public Institutes, • Public Foundations, • Public associations, • Any associations comprising one or more of the abovementioned legal persons, provided that they are financed for the most part by those legal persons, are subject to their management supervision, or have an administrative, managerial or supervisory board more than a half of whose members are directly or indirectly appointed by them. • Enterprises owned by the State, the autonomous regions or the local governments, when operating outside the logic of the market and free competition and where the following types of contracts are concerned: public works contracts, concession contracts (for works and services), contracts for the purchase and lease of goods and contracts for the purchase of services .• Private entities operating in the water, energy, transport and post services sectors, and holding special or exclusive rights (Código dos Contractos Públicos (as amended 2015) art. 2.ş and 3.ş)
Does the law specify the main procedure types or procurement methods permitted? Yes. 1. Direct award – normal regime 2. Open tender procedure 3. Open tender procedure – special regime 4. Restricted tender procedure 5. Negotiation 6. Competitive dialogue (Código dos Contractos Públicos (as amended 2015) art. 16.ş)
Is there a procurement arbitration court dedicated to public procurement cases? Yes. CAAD- Centro de Arbitragem Administrativa – authority responsible for the resolution of disputes arising public employment and contracts awarded by public authorities. (Despacho n.ş 5097/2009, do Secretário de Estado da Justiça (in Diário da República, n.ş 30, 2.Ş série, de 12 de fevereiro), )
Is there a procurement regulatory body dedicated to public procurement? No.
Does the law specify procurement advisors' profession (i.e. degree to be obtained, official list of members of the professional association) and its role in the tendering process (e.g. right to draft tender documentations, conduct market research identifying bidders)? No.
Is disclosure of final, beneficial owners required for placing a bid? No.
Is there a fee for arbitration procedure? Yes. The National Arbitration Law (Lei da Arbitragem Voluntaria) states that "procedural fees" must be paid; this includes arbitrators' fees and administrative charges). The value changes each year and depends on the value of the dispute in question. The fees are found at the following link (page 3 for procurement): https://www.caad.org.pt/files/documentos/CAAD_AA-Tabela_Encargos_Processuais.pdf (Art. 17 da Lei da Arbitragem Voluntária)
Is there a ban on contract signature until arbitration court decision (first instance court)? No. Note: To appeal to the arbitration court it is presumed that the contract has already been signed, completed. The use of arbitration procedure it is only possible when the signed contract contains a requirement to provide such mechanism for resolution contract disputes. (Art. 1.ş da Lei da Arbitragem Voluntária ( Lei 63/2011,14.12))
What is the maximum number of days until arbitration court decision from filing a complaint in the case of awarded contracts? 365. The deadline can be freely extended by agreement or by decision of the arbitral court (Art. 43.ş-1, Art. 43.ş-2 da Lei da Arbitragem Voluntária)
Is there a requirement to publicly release arbitration court decisions ? Yes. Centro de Arbitragem Administrativa, administrative arbitration court, publicy the decisions: https://caad.org.pt/administrativo/decisoes/ (Art. 30.ş- 6 da Lei da Arbitragem Voluntária )
Código dos Contractos Públicos, DL 18-2008, amended 2015 (Portuguese) pdf
Defence Decreto-Lei n.ş 104/2011 (Portuguese) pdf
Despacho on Creation of Arbitration Court 2009 (Portuguese) pdf
Lei Artitragem voluntaria 2011 (Portuguese) pdf