In the fight against corruption, legislation is not enough

With the recent entry into force of the amendment to the Decree-Law that created the National Anti-Corruption Mechanism (MENAC) and established the general regime for preventing corruption, will we be stronger to combat this problem that corrodes institutions, harms the economy and promotes a feeling of injustice?

This year, Portugal dropped nine places in the Transparency International Corruption Perceptions Index. In the media, there is an increase in news about investigations into corruption crimes, making this a central issue that should mobilize (even more) politicians and civil society.

The new Decree-Law introduces a series of changes to the organisational structure, the transparency of its operations and the expansion of its capacity to act. For example, MENAC will no longer be led by a single president and will now have a collegiate Board of Directors, consisting of a president and two members. These members will be appointed by the Council of Ministers, on the proposal of the President of the Court of Auditors and the Attorney General. Their term of office will last four years and may be renewed for the same period. The members of the Board of Directors will be subject to an exclusive regime, ensuring greater autonomy in decision-making. In addition, specialised units will be created (Planning, Prevention and Information; Inspection and Offences) and a Single Auditor will be introduced for greater agility and control.

MENAC’s annual report will now be presented directly to the National Assembly. The aim is simple and urgent: to strengthen public scrutiny.

Entities covered by the General Regime for the Prevention of Corruption (public and private, with more than 50 employees), now republished, will be required to report to MENAC all court decisions on crimes of corruption and influence peddling. However, their obligation to implement Regulatory Compliance Programs (including Risk Prevention Plan, Code of Conduct, Reporting Channel, Training) remains.

This restructuring of MENAC will allow for more agile and effective action in monitoring and monitoring anti-corruption policies. However, this will also require an increase in staffing levels, and from now on, the general civil service regime will be adopted, aiming for a more stable and autonomous team. In the specific case of supervision, the example of the Bank of Portugal should not be overlooked, where it is possible to open public tenders for the recruitment of other entities.

The intentions of the new Decree-Law seem positive, but everything will depend on the implementation and the ability of MENAC to adapt to the new requirements. If these reforms are merely structural changes, with no real impact on the monitoring and punishment of offenders, we run the risk of turning this progress into a mere illusion. What is at stake is the consolidation of a truly functional system and, as such, it is urgent to ensure that the new rules bring not only renewal, but above all effectiveness. After all, corruption survives where supervision fails.