Personnel Risk:
Moderate
Score:
62/100
Leadership Behaviour
Q34
38/100
Do the Defence Ministry, Defence Minister, Chiefs of Defence, and Single Service Chiefs publicly commit, through, for example, speeches, media interviews, or political mandates, to anti-corruption and integrity measures?
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There is little evidence of internal communications with regard to anti-corruption and integrity in the available service publications of the Navy and Air Force…
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There is evidence of public commitment by the minister of defence with regards to openness to civil society [1] and transparency [2, 3], including…
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There is not enough information to score this indicator because not enough sources within the MoD or branches were open to an interview or…
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Q35
100/100
Are there effective measures in place for personnel found to have taken part in forms of bribery and corruption, and is there evidence that these measures are being carried out?
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Existing legislation sanctions the offering, giving, receiving or soliciting [1] of any item of value to influence the actions of an official or other…
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Recent years have shown an increase in investigations over instances of bribery and corruption. The Tancos theft case, which involves allegations of a politically…
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Q36
17/100
Is whistleblowing encouraged by the government, and are whistle-blowers in military and defence ministries afforded adequate protection from reprisal for reporting evidence of corruption, in both law and practice?
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Portugal has yet to transpose the 2019/1937 EU Directive on Whistleblower Protection into national legislation [1]. While applicable to both military and civil personnel,…
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Corruption prevention plans by the Secretariat-General of the Ministry of Defence (SGMoD) [1], the Directorate-General of Defence Policy (DGPD) [2], Directorate-General of Defence Resources…
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There is no survey on perceptions of whistleblower protection in defence institutions. Given prevailing notions of whistleblowing as “ratting out” [1] alleged negligence on…
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Q37
33/100
Is special attention paid to the selection, time in post, and oversight of personnel in sensitive positions, including officials and personnel in defence procurement, contracting, financial management, and commercial management?
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Risk is not assigned to positions. Instead, it is assigned to tasks performed by specific departments, as is the case with procurement in the…
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Conflicts of interest are not adequately regulated under the law by the Council for the Prevention of Corruption’s own admission [1], and there is…
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Regarding military personnel, scrutiny is limited to military discipline and rank supervision [1], and in regards to civilian personnel, applicable legislation regulates all public…
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Payroll, Promotions, Appointments, Rewards
Q38
67/100
Is the number of civilian and military personnel accurately known and publicly available?
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The number of military personnel is published annually by the Minister of Defence [1] based on the Organic Law on National Defence [2] and…
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Annual disclosures of military personnel are disaggregated by ranks [1]. Sub-units of the Ministry of Defence (DGDR, DGDP, IGND, MJP, NDI, SGMoD) do not…
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The armed forces are required to report human resources to the Directorate-General of Public Employment [1], and the reliability of such statistics has never…
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Q39
100/100
Are pay rates and allowances for civilian and military personnel openly published?
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Pay rates for all civilian [1] and military personnel [2] are published in full and disaggregated by rank. Both observe a single pay scale…
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Allowance rates, their calculation and eligibility, including criteria, are defined by law and publicly available for both civilian [1] and military [2] personnel.
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Q40
100/100
Do personnel receive the correct pay on time, and is the system of payment well-established, routine, and published?
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There has been no known delay in payments since 2011 [1]. Existing budgetary monitoring shows continued and consistent payments [2, 3, 4] on legally…
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Existing public payment systems impede incorrect pay as it must be fully budgeted [1]. There are no known instances of incorrect pay.
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The payment and allowance system is published for both military and civilian personnel [1, 2]. Given the current organisation of the Portuguese public administration…
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Q41
42/100
Is there an established, independent, transparent, and objective appointment system for the selection of military personnel at middle and top management level?
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Middle and top management positions at the Ministry of Defence (MoD) [1], Joint Chief of Staff Office [2], single service chiefs and branches [3,…
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Parliament is not involved in scrutiny over the joint chief of staff, single service chief, top or mid-level management within the MoD or branches.…
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All civilian and military appointments must follow the established procedure in law, as per Q41A. However, transparency depends on whether appointments are to the…
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Q42
94/100
Are personnel promoted through an objective, meritocratic process? Such a process would include promotion boards outside of the command chain, strong formal appraisal processes, and independent oversight.
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Promotions are conducted according to objective criteria, including increments, time at a certain rank, appointment, distinction and exceptional [1]. Promotion boards do not exist…
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Special promotion conditions include minimum time in post, specific functions or assignments, participation in promotion courses with positive evaluation, competitive evaluation and other specific…
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All promotions above OF-1 rank are publicly declared under the law [1], and there is extensive evidence in the Official Gazette [2, 3, 4,…
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Promotions are regularly published in the Official Gazette, as per Q42C. Postings are regulated for nominated ranks [1], and there is extensive evidence of…
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Conscription and Recruitment
Q43
NA/100
Where compulsory conscription occurs, is there a policy of not accepting bribes for avoiding conscription? Are there appropriate procedures in place to deal with such bribery, and are they applied?
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There has been no compulsory conscription in Portugal since 2004 [1]. All armed forces branches operate via professional recruitment procedures [2]. As such, this…
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There has been no compulsory conscription in Portugal since 2004 [1]. All armed forces branches operate via professional recruitment procedures [2]. As such, this…
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There has been no compulsory conscription in Portugal since 2004 [1]. All armed forces branches operate via professional recruitment procedures [2]. As such, this…
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Q44
100/100
is there a policy of refusing bribes to gain preferred postings? Are there appropriate procedures in place to deal with such bribery, and are they applied?
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Bribery and facilitation payments are strictly prohibited by the Penal Code. This applies to acceptance/solicitation, or giving/promising of undue advantage, as well as passive…
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The Penal Code establishes sentence durations of up to five years imprisonment or 600-day fines in the case of soliciting or accepting an undue…
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Neither the Penal Code nor the Military Justice Code or the Statute of Armed Forces Military provide specific sanctions on the solicitation of postings.…
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Salary Chain
Chains of payment are defined under the General Law on Public Employment [1] and Decree-Law 142/2015, which establishes military payment systems [2] and are…
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Values and Standards
Q46
0/100
Is there a Code of Conduct for all military personnel that includes, but is not limited to, guidance with respect to bribery, gifts and hospitality, conflicts of interest, and post-separation activities? Is there evidence that breaches of the Code of Conduct are effectively addressed?
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No code of conduct applicable to military personnel exists. Ethics are mentioned in the Statute of the Armed Forces Military [1] and in a…
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This indicator is marked ‘Not Applicable’ as no code of conduct applicable to military personnel exists. Ethics are mentioned in the Statute of the…
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This indicator is marked ‘Not Applicable’ as no code of conduct applicable to military personnel exists. Ethics are mentioned in the Statute of the…
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This indicator is marked ‘Not Applicable’ as no code of conduct applicable to military personnel exists. Ethics are mentioned in the Statute of the…
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Q47
0/100
Is there a Code of Conduct for all civilian personnel that includes, but is not limited to, guidance with respect to bribery, gifts and hospitality, conflicts of interest, and post-separation activities? Is there evidence that breaches of the Code of Conduct are effectively addressed?
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The Government has published a Code of Conduct that applies to all top-level management officers in public administration [1]. An Ethics Charter for Public…
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While there is evidence of unit-specific codes of conduct, namely the DGDR [1] and the IGND [2] within the MoD, there is no code…
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While there is evidence of unit-specific codes of conduct, namely the DGDR [1] and the IGND [2] within the MoD, there is no code…
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While there is evidence of unit-specific codes of conduct, namely the DGDR [1] and the IGND [2] within the MoD, there is no code…
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Q48
33/100
Does regular anti-corruption training take place for military and civilian personnel?
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Professional training is overseen by the National Administration Institute [1], which offers specific training in ethics, integrity and anti-corruption [2]. They encompass organisational values…
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Anti-corruption training is delivered to public workers with undergraduate degrees on a mandatory basis as part of an induction training course [1] No military…
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Anti-corruption training is available to all civilian personnel through the National Administration Institute [1], but it is not mandatory. High-ranking [2] and mid-level personnel…
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Q49
92/100
Is there a policy to make public outcomes of the prosecution of defence services personnel for corrupt activities, and is there evidence of effective prosecutions in recent years?
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There are no specific military courts in Portugal, according to the Military Justice Code [1]. If the country has declared war, ordinary military courts…
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Corruption-related prosecutions are not processed by military courts [1]. The Penal Process Code requires publicity under penalty of mistrial [2], but judicial secrecy applies…
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The Tancos affair involves allegations of undue influence [1], but plaintiffs are now in court [2]. A recent court decision on corruption in the…
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Q50
75/100
Are there effective measures in place to discourage facilitation payments (which are illegal in almost all countries)?
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Facilitation payments are indistinct from bribery under the law. They are strictly illegal and punishable with prison and financial penalties [1]. Military personnel are…
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While a recent Eurobarometer survey suggests concern over pervasive corruption in the public sector (89% of respondents residing in Portugal) [1], very few individuals…
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Bribery or facilitation payments are known to occur in the defence sector [1, 2], but there is no evidence to suggest they are widespread…
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