It is an updated version of a similar document approved in 2016. The provisions of the Code apply to members of the current government, members of their cabinets, persons holding senior positions in government agencies, as well as directors and persons holding senior positions in state institutions and organizations.
The new Code is virtually unchanged from the previous one: it contains the basic principles to be followed in their activities by the above categories of officials, an indication of their rights and obligations, provisions on conflicts of interest and restrictions on accepting gifts and invitations.
Thus, according to the Code, a conflict of interest for senior officials is recognized as a situation where there are reasonable and serious doubts about the impartiality of their conduct or decisions in accordance with Articles 69 and 73 of the Code of Administrative Procedure (Código do Procedimento Administrativo). These articles contain a list of situations in which officials must be removed from participation in decision-making, an act, the conclusion of a contract, or the performance of any other action related to the exercise of public administration functions, due to the possible existence of certain personal interests (i.e., in essence, restrictions on their actions in situations of conflict of interest).
To prevent conflicts of interest, the Code also prohibits officials from accepting material values, short-term or long-term use, or services from private, national or foreign individuals and legal entities, as well as from foreign public organizations, the receipt of which may affect the impartiality and integrity of their performance of their duties. At the same time, according to the provisions of the Code, such a "possibility of influence" arises if the value of the specified items exceeds €150 (the value of all gifts received from the same individual or legal entity during the year is taken into account). It should be noted that this restriction was introduced in connection with the 2016 scandal involving Galp Energia, which invited several high-ranking officials to watch the Euro 2016 games in France*.
However, the Code provides for an exception whereby gifts exceeding the established limit may be accepted by officials, but only on behalf of the state. This exception applies to offers whose refusal could be interpreted as a breach of inter-agency respect, especially in relations between states. The only innovation in the 2019 Code concerns the procedure for transferring such gifts: according to the previous version of the document, they had to be "transferred to institutions whose activities are aimed at social goals"; the updated version states that the fate of the gifts will be decided by the relevant secretary general (a similar position exists in every state body). The secretary-general will also be responsible for maintaining a register of gifts received. In April-May of this year, by decision of the Council of Ministers, a temporary exhibition was created of such gifts received by Prime Minister António Costa, his deputy Eduardo Cabrita, and Secretary of State for Citizenship and Integrity Catarina Marcelino. Among the dozens of gifts on display were a black wood sculpture from Mozambique, a Phantom 3 Advanced drone and a Huawei phone with the Prime Minister's name on it from China, a 12-person dinner service from Colombia, a tile-covered cube from Brazil, a decorative silver plate from Egypt, decorative figurines of Don Quixote and Sancho Panza from Spain, as well as various alcoholic beverages, watches, perfumes, jewelry, and works of art.
The Code also prohibits senior officials from accepting invitations to participate in social, institutional, or cultural events from private, national, or foreign individuals and legal entities, as well as from foreign public organizations (the cost restrictions are the same as for gifts – €150). However, in certain cases, the Code allows invitations to be accepted if the costs exceed the established limit, provided that they are "related to the institutional nature or necessity of performing immediate official duties."
The document notes that it establishes general principles to be taken into account when issuing orders, instructions, guidelines, and directives to members of the government, heads of state bodies, institutions, and agencies. Members of the government are also encouraged to promote the adoption of adapted codes of conduct in the bodies and organizations under their authority.
*In the summer of 2016, the Portuguese oil company Galp paid for trips to the 2016 European Football Championship in France for several Portuguese politicians and senior civil servants, including: Joao Vascontelos, Secretary of State for Industry, Jorge Costa Oliveira, Secretary of State for Foreign Affairs, and Fernando Rocha Andrade, Secretary of State for Taxation.
The Portuguese Attorney General's Office opened a case on "improper receipt of gifts by persons holding public office in the performance of their duties" against all officials who accepted the invitation and the Galp Energia employees involved. Law enforcement agencies paid close attention to this case because Rocha Andrade was responsible for defending the interests of the Portuguese Tax Authority in several court proceedings in which Galp Energia was the opposing party. One of the proceedings concerned a dispute over an extraordinary contribution to the energy sector (Extraordinária sobre o Sector Energético – CESE), totaling €270 million. Andrade's actions were therefore seen as a conflict of interest. As a result of the proceedings, all officials were dismissed from their posts.