Portugal

   

Consensus-Building

#24
Key Findings
Portugal performs relatively poorly (rank 24) in the area of consensus-building.

Several professional economic-analysis institutions, both independent and parliamentary, exist as legacies of the country’s financial crisis. The state lacks similar expertise in areas such as agriculture or water management. However, the government has established competence centers for planning, legal issues and digital issues.

Trade unions, business organizations and civil society groups participate in policymaking through the Economic and Social Council (CES). Critics argue that the involvement of business organizations and trade unions is not substantial, and tends to occur after proposals are already formulated.

Social welfare and environmental groups are also represented on the CES. However, the environmental community has only a single seat. The government has boosted its open data efforts in recent years with an action plan and the launch of a public data portal.

Recourse to Scientific Knowledge

#17

To what extent is the government successful in effectively harnessing the best available scientific knowledge for policymaking purposes?

10
 9

The government is able to harness the best available scientific knowledge for policymaking purposes.
 8
 7
 6


In most cases, the government is able to harness the best available scientific knowledge for policymaking purposes.
 5
 4
 3


Only rarely is the government able to harness the best available scientific knowledge for policymaking purposes.
 2
 1

The government is not able to harness the best available scientific knowledge for policymaking purposes.
Harnessing Scientific Knowledge Effectively
6
The government’s use of the best scientific knowledge in policy formulation varies by sector. Due to Portugal’s past financial crises, institutions like the independent Public Finances Fiscal Council (Conselho de Finanças Públicas) and UTAO, a parliamentary body that publicly discloses budgetary reports, have been established to prevent recurrence. However, in areas such as agriculture and water management, there are no comparable institutions to ensure policies are guided by scientific knowledge. This gap is present in several other governmental domains as well.

To address these shortcomings, the central government has created three state “competence centers”: PlanAPP (planning), JurisAPP (legal), and TicAPP (digital). These centers aim to provide a comprehensive and integrated approach to anticipate future needs.

PlanAPP is tasked with conducting analyses and prospective studies on economic, environmental, and social issues, as well as evaluating and monitoring relevant policies. This entity includes UTAIL (Technical Unit for Legislative Impact Assessment) from the Legal Center of the Presidency of the Council of Ministers, established in 2017. UTAIL offers training and technical support to ministries and other public administration bodies and reviews assessment reports. Through this collaboration, PlanAPP integrates scientific knowledge into the public policy cycle, working with various entities to facilitate technical and scientific cooperation.

Citations:
Conselho de Finanças Públicas. n.d. “.” https://www.cfp.pt

Unidade Técnica de apoio Orçamental (UTAO). n.d. ” https://www.parlamento.pt/OrcamentoEstado/Paginas/UTAO_UnidadeTecnicadeApoioOrcamental.aspx”

Centro de Competências de Planeamento, de Políticas e de Prospetiva da Administração Pública (PlanAPP). n.d. ” https://www.planapp.gov.pt/faqs/”

Centro de Competências Jurídicas do Estado (JurisAPP). n.d. ” https://www.jurisapp.gov.pt

Centro de Competências Digitais da Administração Pública (ticAPP). n.d. “https://ticapp.gov.pt/pt/o-que-fazemos/”

Involvement of Civil Society in Policy Development

#20

To what extent does the government facilitate the participation of trade unions and business organizations in policymaking?

10
 9

The government is able to effectively involve trade unions and business organizations in policy development.
 8
 7
 6


Most of the time, the government is able to effectively involve trade unions and business organizations in policy development.
 5
 4
 3


The government is rarely able to effectively involve trade unions and business organizations in policy development.
 2
 1

The government is not able to effectively involve trade unions and business organizations in policy development.
Effective Involvement of Civil Society Organizations (Capital and Labor)
6
The government facilitates the engagement of trade unions and business organizations through the Economic and Social Council (CES), a constitutional body for consultation and social concertation, allowing their participation in decision-making. For instance, during the Social Dialogue meeting in September 2023, employers’ confederations presented their written opinions regarding considerations for the 2024 State Budget, specifically advocating for tax reductions for companies and workers.

However, critics argue that the involvement of business organizations and trade unions in public policymaking in Portugal is not substantial and tends to occur after the formulation of public policy proposals.

Citations:
Lusa. “Confederações patronais querem redução da carga fiscal em 2024.” Eco Sapo. https://eco.sapo.pt/2023/09/13/confederacoes-patronais-querem-reducao-da-carga-fiscal-em-2024/
(13.09.2023)

Organization for Economic Cooperation and Development (OECD). “Indicators of Regulatory Policy and Governance EUROPE 2022 Portugal.” https://www.oecd.org/gov/regulatory-policy/Portugal-country-profile-EU-report-2022.pdf

Frazão, J. P. 2023. “Cinco décadas de democracia em Portugal. ‘Ponto mais negativo é a falta de participação da sociedade civil.’” Rádio Renascença. https://rr.sapo.pt/noticia/politica/2023/04/24/cinco-decadas-de-democracia-em-portugal-ponto-mais-negativo-e-a-falta-de-participacao-da-sociedade-civil/328833/

Conselho Económico e Social. 2021. “Acordo sobre formação profissional e qualificação: um desígnio estratégico para as pessoas, para as empresas e para o país.” https://ces.pt/wp-content/uploads/2022/03/acordo-2021.pdf

Frazão, J. P. 2023. “Cinco décadas de democracia em Portugal. ‘Ponto mais negativo é a falta de participação da sociedade civil.’” Rádio Renascença. https://rr.sapo.pt/noticia/politica/2023/04/24/cinco-decadas-de-democracia-em-portugal-ponto-mais-negativo-e-a-falta-de-participacao-da-sociedade-civil/328833/

Conselho Económico e Social. 2021. Acordo sobre formação profissional e qualificação: um desígnio estratégico para as pessoas, para as empresas e para o país. https://ces.pt/wp-content/uploads/2022/03/acordo-2021.pdf

To what extent does the government facilitate the participation of leading social welfare CSOs in policymaking?

10
 9

The government is able to effectively involve leading social welfare CSOs in policy development.
 8
 7
 6


Most of the time, the government is able to effectively involve leading social welfare CSOs in policy development.
 5
 4
 3


The government is rarely able to effectively involve leading social welfare CSOs in policy development.
 2
 1

The government is not able to effectively involve leading social welfare CSOs in policy development.
Effective Involvement of Civil Society Organizations (Social Welfare)
6
Leading CSOs in social welfare participate in the policymaking process through the Economic and Social Council (CES), particularly within the Permanent Commission for Social Concertation (CPCS). This constitutional body serves as a platform for negotiation and dialogue among sovereign bodies, economic entities, and social agents, contributing to the formulation and decision-making of policies. Article 92 of the Constitution of the Portuguese Republic outlines the dual competencies of the Economic and Social Council: advisory and social concertation.

In accordance with Law No. 108/91, the CPCS incorporates representatives from diverse civil society organizations specializing in social welfare (Article 3), thereby strengthening the engagement of these organizations in the policymaking process. It is noteworthy that employer and trade union confederations, recognized as social partners, hold significant responsibilities in discussing major options in economic, labor, and social policy, albeit in a consultative capacity (Almeida et al. 2016).

However, both the CPCS and CES have faced criticism for excessive government influence on their agendas and a perceived lack of representativeness (Almeida et al., 2016). Concerns have been raised about the unclear selection process for representatives from both employers and employees, with some viewing this structure as a form of “selective corporatism” (Sá, 1999).

Furthermore, implementing public policies often involves the collaboration of other social agents, including specialized bodies, universities, and research centers. Despite this, there is considerable potential for broader engagement in this domain, allowing for the inclusion of a more diverse array of representatives from society in the development of executive measures.

Citations:
Conselho Económico e Social (CES), https://ces.pt/conselho-economico-e-social/

DRE. 1991. Law nº 108/91. Série I-A, nº 188, August 17. 4199. https://diariodarepublica.pt/dr/legislacao-consolidada/lei/1991-58928557

Luis. 1999. “Concertação Social e ‘corporativismo selectivo’ e Questões Laborais.” 14: 162-173.

Almeida, J. R., Silva, M. C., Fereira, A. C., Costa, H. 2016. Concertação Social: A actividade da CPCS DE 2009 A 2015 – ecos das políticas europeias. Centro de Estudos Sociais, Universidade de Coimbra. https://www.ces.uc.pt/observatorios/crisalt/documentos/cadernos/Caderno_9_Concertacao_Social.pdf

To what extent does the government facilitate the participation of leading environmental CSOs in policymaking?

10
 9

The government is able to effectively involve leading environmental CSOs in policy development.
 8
 7
 6


Most of the time, the government is able to effectively involve leading environmental CSOs in policy development.
 5
 4
 3


The government is rarely able to effectively involve leading environmental CSOs in policy development.
 2
 1

The government is not able to effectively involve leading environmental CSOs in policy development.
Effective Involvement of Civil Society Organizations (Environment)
6
Environmental civil society organizations, along with those focused on social welfare, are represented in the Economic and Social Council. However, in this constitutional entity, only a single representative from national environmental associations is present among its 56 members. This structure offers a forum for dialogue and enables environmental groups to engage in the political decision-making process, yet their representation is notably limited, which presents a significant challenge.

In the domain of environmental matters, numerous investment projects undergo public evaluation and discussion for a set period. For instance, consider the agroforestry venture in the municipality of Alcácer do Sal, in the Alentejo region of southern Portugal. This initiative aims to establish avocado orchards and involves creating 34 wells for water extraction. The public consultation phase for this venture concluded at the end of January 2024, with the Participa portal recording 341 submissions. Data indicate that the Alentejo and Algarve regions in southern Portugal are experiencing water scarcity.

A coalition of environmental organizations is voicing concerns about the project’s ecological ramifications. ZERO, a prominent environmental CSO, warns that the project may jeopardize local water resources. The transformation of conservation areas – such as through agricultural intensification – is at odds with objectives to protect nature. The potential effects on water quality and availability in an already water-scarce region are alarming. Consequently, ZERO opposes the agroforestry project due to the risks it poses to the environment.

Citations:
Law nº 108/91. Diário da Républica, nº 188, Série I-A, p. 4199. https://diariodarepublica.pt/dr/detalhe/lei/108-1991-674430

RTP. 2024. “Planta��o de 722 hectares de pera-abacate em Alc�cer do Sal em consulta p�blica.” https://www.rtp.pt/noticias/economia/plantacao-de-722-hectares-de-pera-abacate-em-alcacer-do-sal-em-consulta-publica_n1541176

SAPO. 2024. “Zero diz que plantação de abacates em Alcácer do Sal pode ser ‘machadada’ na conservação.” https://greensavers.sapo.pt/zero-diz-que-plantacao-de-abacates-em-alcacer-do-sal-pode-ser-machadada-na-conservacao/

Participa. (n.d.). “Portal https://participa.pt/pt/consulta/projeto-agricola-de-producao-de-abacates”

Openness of Government

#23

To what extent does the government publish data and information that empowers citizens to hold the government accountable?

10
 9

The government publishes data and information in a manner that empowers citizens to hold the government accountable.
 8
 7
 6


Most of the time, the government publishes data and information in a manner that empowers citizens to hold the government accountable.
 5
 4
 3


The government rarely publishes data and information in a manner that strengthens citizens to hold the government accountable.
 2
 1

The government does not publish data and information in a manner that strengthens citizens’ capacity to hold the government accountable.
Open Government
6
The provision of government data is pivotal for empowering citizens to hold their government accountable. Such data must encompass inputs, outputs, and outcomes; it should be disseminated regularly and promptly. To be effectively accessible, it needs to be user-friendly for both humans and machines, ideally in an open-source format.

When assessed by the OECD in 2020 with data from 2019, Portugal ranked below the OECD average on the “Open, Useful, and Re-usable Data Index: 2019” (OECD, 2020). This period falls before our current analysis. However, there have been strides forward in the interim. Portugal’s accession to the Open Government Partnership (OGP) is one such step, designating the Agency for Administrative Modernization (AMA, Agência para a Modernização Administrativa) as the lead agency to execute OGP’s directives. As part of this commitment, the AMA has developed the II Action Plan for Open Administration (2021). Additionally, the government has launched a portal for the distribution of public data (“Open platform for Portuguese public data”), though its user-friendliness leaves room for improvement.

In a sector-specific context, certain data sets, such as the Ministry of Finance’s monthly budget execution reports, are regularly updated and readily accessible. Furthermore, there is a comprehensive portal that facilitates access to most public contracts in the public sector, enabling targeted searches for particular contracting entities.

Nevertheless, the situation is not universally satisfactory. In several sectors, the data is neither exhaustive nor updated with the necessary regularity. Finding specific information can be cumbersome due to its dispersion across a myriad of entities, including various agencies, ministries, QUANGOs, and other public bodies.

The Portuguese government has provided IT infrastructure that theoretically allows citizens to access data, but the practical utility of this data for enabling governmental accountability is, in some instances, debatable.

Citations:
OECD. 2020. “Open, Useful and Re-usable data (OURdata) Index: 2019.” OECD Policy Papers on Public Governance No. 1. https://www.oecd.org/gov/digital-government/policy-paper-ourdata-index-2019.htm

AMA. 2021. “II Plano de Ação de Admnistração Aberta.” https://ogp.eportugal.gov.pt/documents/48760/321053/Documenta%C3%A7%C3%A3o+de+apoio.pdf/9001443e-d80f-b6cf-a5eb-76f691d0bf2a
https://www.oecd.org/gov/digital-government/open-government-data.htm

https://dados.gov.pt/en/

Direção-Geral do Orçamento (DGO). ” www.dgo.gov.pt”

Direção-Geral do Orçamento. 2023. “Síntese da Execução Orçamental Mensal (SEO), Novembro de 2023.” https://www.dgo.gov.pt/execucaoorcamental/Paginas/Sintese-da-Execucao-Orcamental-Mensal.aspx?Ano=2023&Mes=Novembro
https://www.base.gov.pt/Base4/pt/
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