POR GVT National Anti-Corruption Mechanism

Published on: May 2, 2025

On Apr. 29, POR GVT issued decree on prevention of corruption.

  • POR GVT issued Decree Law 70/2025 amending DL 109-E/2021 that created National Anti-corruption Mechanism and established general regime to prevent corruption.
  • Follows POR GVT Oct 2024 issued PRL resolution creating committee, see #228940.
  • Overview
  • DL 109-E/2021 created National Anti-Corruption Mechanism (MENAC) as independent administrative entity with legal personality under public law and powers of authority.
  • Endowed with administrative, financial autonomy must promote transparency and integrity in public action, guarantee effectiveness of policies to prevent corruption.
  • The Anti-Corruption Agenda of Jun. 2024 prioritized identification of aspects of current system that require improvement and that, with regard to institutional aspect, justify a reassessment, to make institutions robust and effective.
  • Changes mostly arise, post approval of said agenda, to give it needed implementation.
  • Re MENAC, agenda foresees changes to streamline its functioning and make its actions operational, providing it with efficiency, by redefining internal structure, governance model and overcoming constraints in staff recruitment.
  • Changes to MENAC structure in DL essentially seek to ensure greater operationality of organization, enshrining collegiality in its functioning and providing it with more agile, more stable, more lasting and also more autonomous structure.
  • MENAC management by collegiate body, Board of Directors, which concentrates powers from attributions of MENAC, currently exercised exclusively by MENAC President.
  • Also changes to internal, administrative and human, financial and asset management.
  • Clarifies status of secretary-general, equated to senior manager of 1st degree for some purposes (remuneration), not re management powers attributed to these managers.
  • Per similarities with other entities Board of Directors members term of office is 4 years, renewable, also adapts duration for Advisory Board, Secretary-General, Sole Auditor.
  • Still in line with agenda, to promote full activity of MENAC, obligation to communicate to it decisions to archive, indict, indict/not indict, acquittal/conviction sentences re corruption crimes or related offences expressly enshrined plus rule on data processing.
  • Also foreseen that MENAC annual report will also be presented to POR PRL, considering relevance of its activity and for greater awareness of institutional activity of the entity.
  • Other Aspects
  • DL 109-E/2021, as amended, republished as annex to DL 70/2025, paras a), b), d), e) of art 8, arts 9-11, paras g)-k) of §1 art 13, arts 14-19 of DL 109-E/2021 repealed.
  • Effectiveness
  • DL in force 30 days after publication i.e. May 29, 2025 while final part of para e) of §1 of art 4, relating to responsibility for payment and processing of remuneration, comes into force on first day of year following publication of this DL.
Regulators
POR GVT
Entity Types
Corp
Reference
OG 85/2025, DL 70/2025, 4/29/2025
Functions
Anti-Bribery; Compliance; C-Suite; Financial; Legal; Operations; Reporting; Risk
Countries
Portugal
Category
State
N/A
Products
Corporate
Rule Type
Final
Regions
EMEA
Rule Date
Apr 29, 2025
Effective Date
May 29, 2025
Rule ID
252586
Linked to
Reg. Last Update
Apr 29, 2025
Report Section
EU