Government Code of Conduct allows dismissal for serious or repeated violation” – Policy

The new Government’s code of conduct follows that of the previous Executive in requiring the rejection of offers or invitations worth more than 150 euros. However, it provides for the creation of a reporting channel and adds that violation of the rules “may imply, in the case of serious or repeated violation of this Code of Conduct, the respective dismissal“.

The resolution of the Council of Ministers that applies to members of the Government, cabinets, all senior managers of the public administration “under the direction of the Government” and the directors and managers of institutes and public companies, was published this Wednesday in Republic Diary.

Pursuing the public interest and good administration, transparency, impartiality, probity, integrity and honesty, urbanity, interinstitutional respect and guarantee of confidentiality regarding reserved matters are the general principles to be followed, otherwise identical to those established by the previous executive in 2022.

Members of the Government (and other professionals covered by the code) must refrain from “any action or omission” that could be interpreted as a benefit to someone or some organization; reject offers or invitations worth more than 150 euros in return for actions, omissions, votes or influence; use public resources such as vehicles or IT resources in a reasonable manner; and, the new executive now adds, apply some of the general principles, including integrity and honesty, in public communication, including through social networks.

The resolution signed by former prime minister António Costa already stated that failure to comply with the code of conduct implied political responsibility towards the prime minister in the case of members of the Government and political responsibility towards the member of the government in the case of cabinet members or directors, without prejudice to other forms of criminal, disciplinary or financial liability.

The new resolution signed by Luís Montenegro adds that “the political responsibility referred to in the previous paragraph may imply, in the case of a serious or repeated violation of this Code of Conduct, the respective dismissal.”

Regarding potential conflicts of interest, the new code adds that the prime minister and members of government can “request the competent services to issuance of opinion on the possible existence of conflicts of interest”.

Members of the government must refrain from receiving consumable or durable material goods or services that may condition their impartiality and integrity, considering that this happens when they have a value equal to or greater than 150 euros. The same happens in the case of accepting invitations “or other similar benefits” with a value exceeding 150 euros. The value remains unchanged.

The exception that provides that offers that can be interpreted “due to their refusal, as a breach of interinstitutional respect, particularly in the context of relations between States, they must be accepted in the name of the State”, without prejudice to the duty of presentation and registration.

As had already been mentioned with the approval of the resolution in the Council of Ministers, the new government’s code of conduct provides for the creation of “a reporting channelcommon to the entire Government, accessible through a form available on the Government Portal”.

The document states that the rules have applied since the approval of the resolution, on April 19th.