The SDP/SDS-PP Government Code of Conduct establishes the ability of the Prime Minister, before appointing ministers, to seek an opinion on whether a potential government official is in a situation of conflict of interest.
The new prerogative is established in Article 7 of this code, approved on the 19th and published this Wednesday in the Diário da República, and which presents other differences compared to the prerogative of the previous head of the PS.
“In the case of members of the government, including before their appointment, the prime minister may request the competent services to issue an opinion on the possible existence of a conflict of interest,” stipulates the resolution, which also gives the same prerogative to ministers. to seek opinions for the same purpose in relation to “members of the cabinet” and before their appointment.
The resolution does not specify which services the Prime Minister and members of the government can request opinions from.
António Costa’s executive code of conduct did not provide for such a possibility.
The new Code retains the duty of government members to report to the Prime Minister “as soon as they discover a risk of a potential conflict”, as well as the duty to “immediately take” measures to “avoid, remedy or terminate” the conflict in question. cause.
The new Code retains this responsibility of government members and extends it to “members of the cabinet.”
A conflict of interest is considered to exist when members of the government or, under the new code, members of the cabinet, “find themselves in a situation which could reasonably cast serious doubt on the impartiality of their conduct or decision.”
The resolution adds a number to the “liability” clause, providing that political responsibility to the Prime Minister, in the case of members of the government, “may imply “in the event of a serious or repeated breach” of the Code of Conduct. , “consequential dismissal.”
The current government has retained the previous provisions on the acceptance of invitations or offers limited to the value of 150 euros, provided that they are compatible with the institutional nature of the post, and has added a liaison duty to the general secretariat of the President, the Council of Ministers, which must maintain a public register.
The Code of Conduct, announced on the 19th as a “self-regulatory tool” designed to “promote accountability, transparency, integrity and ethics in public administration”, provides a period of 180 days (six months) for taking measures to prevent risks. , which must be agreed with the National Anti-Corruption Mechanism.
Another innovation was the creation of an anonymous “reporting channel” through a form available on the government portal, which would operate “independently and autonomously” from other communication channels to ensure confidentiality.
Regarding the scope of application, Article 2 states that it applies “to all senior managers of the public administration under the direction of the Government, as well as to directors and managers of institutes and public companies.”
The previous government’s code also provided for this, but left the appeal to public leaders for “directions delegated by a member of the government” who exercises authority and oversight over them.
The Code of Conduct will also include a rule outlining measures that may be approved to combat corruption on issues such as lobbying, transparency and government-to-government communications.
Author: Lusa
Source: CM Jornal
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