The European Commission recommends that Portugal ensure “sufficient resources to prevent, investigate and prosecute corruption”, that is, guaranteeing the rapid start-up of the new National Anti-Corruption Mechanism (MENAC).
The recommendation is contained in the 2022 annual report on the rule of law in the European Union, the third prepared by the community executive, and it is the first time that the Commission, in addition to an analysis of the situation in each of the 27 Member States, issues specific recommendations, with the objective of supporting countries in their efforts to carry out ongoing or planned reforms and help them identify where improvements can be made in recent renovations.
The Brussels assessment of the state of the rule of law in Portugal is overall positivewith the report particularly hailing the “positive results” of the creation of rapid reaction teams in the administrative and tax courts, the continued promotion of the use of digital tools, and the implementation of planned reforms to support the integrity of the judicial system, but notes that “There remains concern about the lack of resources for the prevention, investigation and prosecution of corruption-related cases, even in high-profile cases.”
Among the five recommendations issued to Portugal, Brussels underlines the need to “guarantee sufficient resources to prevent, investigate and prosecute corruption, that is, guarantee the rapid implementation of the new Anti-Corruption Mechanism”, whose creation was published in the Diário da República in December 2021. , following the National Anti-Corruption Strategy approved unanimously in parliament during the last legislature.
Last May, the Minister of Justice, Catarina Sarmento e Castro, assured that the National Anti-Corruption Mechanism (MENAC) is “a priority” and will be implemented in 2022, and reiterated the Government’s commitment to combat economic and financial crime.
The Government will strengthen the fight against corruption and new criminal forms, reinforcing investigation. It will allow us to focus on the determined fight against corruption, economic and financial crime and cybercrime. The fundamental step that follows will be the installation of the National Anti-Corruption Mechanism, an independent entity that will be equipped with the necessary means to exercise the functions of initiative, control and sanction”, he said.
In addition to the recommendation on the MENAC and the “commitments made within the scope of the National Recovery and Resilience Plan (PRR) related to certain aspects of the justice system”, this Wednesday’s report recommends that Portugal continue “making efforts to guarantee the adequate resources of the justice system and improve its efficiency, in particular of the Administrative and Tax Courts, specifically by finalizing the legislative framework for the operation of the Superior Council of Administrative and Tax Courts”.
Brussels also urges the Portuguese authorities to “continue efforts to improve transparency of the attribution of the processes” and “ensure the start of the operations of the Entity for Transparency, with a view to an effective follow-up and verification of the patrimonial declarations”.
Finally, the European Commission recommends that Portugal continue with the reforms to improve the transparency of the legislative process, “particularly with regard to the implementation of impact assessment instruments”.
Having published the annual report, the Commission now invites the European Parliament and the Council to continue general and country-specific discussions on the basis of this document and “also calls on national parliaments and other key actors, including civil society, to continue the national dialogue on the rule of law.”
Source: Observadora
