UFO, Alm.del - 2024-25 - Bilag 71: Offentlige svar på ECPRD-forespørgsel til øvrige europæiske parlamenter om ydelser af en økonomisk fordel i forbindelse med nedlæggelse af et parlamentsmandat.

Udvalget for Forretningsordenen 2024-25
UFO Alm.del Bilag 71
Offentligt

Parliamentary Activity Support Directorate (DSAP)

Legislative and Parliamentary Studies Division (DELP)

REQUEST

6116

The offering of a financial advantage in exchange for

the resignation of a seat in parliament

Requested by

DENMARK - FOLKETINGET

Lisbon, 18

July 2025

1. Is there any legislation or other form of regulation, such as a code of conduct, that

prohibits a Member of Parliament from accepting a financial advantage on the

condition that they resign their seat; the act of offering such a proposal, including by

individuals

from the member’s own party.

Nothing so specific is provided for.

The rights and duties of Members of the

Assembleia da República

(MP) are set out in the

Constitution

, the

Statute of Members

, the

Rules of procedure governing the exercise of

functions by holders of political office and senior public office,

and in other applicable legal

provisions, in the provisions of the

Rules of Procedure,

the Code of Conduct of the MP, and

the regulatory provisions issued under the law.

As provided for in the

Code of Conduct,

without prejudice to the duties laid down in the

Constitution and the Statute of Members, MPs, in the exercise of their mandate, must comply

with the reporting obligations to which they are subject, in particular regarding any

incompatibilities and disqualifications, assets and the verification of possible conflicts of

interest, within the time limit prescribed by law;

and reject gifts, hospitality or any other

advantage as a reward for an action, omission, vote or influence over any decision

[Article 9 c) and d)].

Additionally, they

must comply with their reporting obligations as laid

down by law, stating any of their private interests that may affect the pursuit of the public

interest (Article 8) and refrain from accepting gifts from natural or legal persons, public and

private, whether national or foreign, of any type of goods or services that may affect

independence in the exercise of their mandate (Article 10).

In particular as provided for in Articles 152 a 160.

In particular as provided for in Articles 7, 12, 14, 15, 20, 21, 22, 26 and 27-A.

UFO, Alm.del - 2024-25 - Bilag 71: Offentlige svar på ECPRD-forespørgsel til øvrige europæiske parlamenter om ydelser af en økonomisk fordel i forbindelse med nedlæggelse af et parlamentsmandat.

Parliamentary Activity Support Directorate (DSAP)

Legislative and Parliamentary Studies Division (DELP)

It should also be noted that MP must act freely under the Constitution and the law, in

compliance with their electoral commitments, acting in accordance with their conscience and

independently of any natural or legal person (Article 4). In exercising their mandate, they

shall comply with the general principles of conduct of freedom, independence, the pursuit of

the public interest, transparency and political accountability (Article 2) and shall pursue the

public interest and that of the citizens they represent, and shall not benefit from any financial

or asset-related advantages, whether direct or indirect, for themselves or third parties, or any

other unduly received reward by virtue of their office (Article 3).

Furthermore, holders of political office (including MP) must submit, electronically, to the

legally competent authority

, within 60 days from the date they take office, a declaration of

their income, assets, interests, incompatibilities, and impediments, referred to as the 'single

declaration', in accordance with the model established by law. This single declaration must

include, among other elements, acts and activities likely to give rise to incompatibilities and

impediments, namely the registration of relevant financial interests, which includes the

identification of acts that generate, directly or indirectly, payments, as well as other relevant

interests (Article 13 of the

Rules of procedure governing the exercise of functions by holders

of political office and senior public office).

2. If so, what does the regulation entail, and how is it en-forced?

It is the the Parliamentary Committee on Transparency and the Statute of Members that

ensures the implementation of the Code of Conduct and exercises the powers provided for

therein, in particular: carrying out inquiries of its own motion, at the request of the MP

concerned or upon a decision of the President of the

AR;

issuying general statements or

recommendations, as provided for in the Statute of MP and preparing an annual report on

the implementation of the Code and the Committee’s activity in this field (Article 12

of the

Code of Conduct). But there are no sanctions established for breaches of the rules set out in

the Code of Conduct.

Failure to comply with the reporting obligations referred to in the previous answer, following

notification, may result in the declaration of loss of office (for the MP) or prison term of up to

three years for the crime of qualified disobedience (Articles 18 and 18-A of the Rules of

Authority for Transparency Authority for Transparency

(independent body functioning in conjunction with

the Constitutional Court, responsible for the assessment and oversight of the single declaration of income,

assets, and interests submitted by holders of political office and high-ranking public officials).

Statute

(only

available in portuguese).

Parliamentary Activity Support Directorate (DSAP)

Legislative and Parliamentary Studies Division (DELP)

procedure governing the exercise of functions by holders of political office and senior public

office), without prejudice to parliamentary immunities.

Finally, it is worth mentioning that Article 335 of the Portuguese Penal Code criminalizes

influence peddling by anyone who, directly or through an intermediary, with their consent or

ratification, requests or accepts, for themselves or for a third party, a pecuniary or non-

pecuniary advantage, or the promise thereof, in order to abuse their real or alleged influence

with any public entity, whether national or foreign. Chapter IV addresses crimes committed

in the exercise of public functions (Articles 372 and following), namely the undue receipt of

advantage and both active and passive corruption.

Answered by

Ana Paula Bernardo

e-mail

[email protected]

MP may not be heard as witnesses nor as defendants without the authorization of the Assembly, and no

Member may be detained

or arrested without the Assembly’s authorization, except in cases of intentional

crime punishable by a maximum prison sentence of more than three years and when caught in the act

(Article 11 of the Statute of MP).