In Portugal, the fight against corruption has become a growing concern and a fundamental pillar for consolidating trust in democratic institutions, significantly contributing to a more transparent and fair business environment. Corruption, in its various forms, erodes society, diverts public resources essential for development, and damages the country's international reputation. Aware of these challenges, Portugal has sought to strengthen its legal and institutional framework to prevent, identify, and effectively suppress this scourge.
In this context, the National Anti-Corruption Mechanism (MENAC) has emerged as a central piece in Portugal's anti-corruption architecture. Its role and capabilities were substantially reinforced and redefined by Executive Order #70/2025, of April 29, 2025.
Corruption is not merely an ethical or moral issue; it has tangible and devastating economic and social impacts. In Portugal, as in other countries, the perception and occurrence of corrupt acts have hindered sustainable development, leading to capital flight, distorted competition, inefficiency in public management, and a loss of institutional credibility.
Recognizing the gravity of the problem, Portugal has intensified its efforts, aligning itself with international best practices and the requirements of organizations such as the European Union, the Council of Europe, and the Organization for Economic Cooperation and Development (OECD). The National Anti-Corruption Strategy, approved in March 2021, was a decisive step along this path. This strategic document outlined a robust set of objectives and actions, ranging from prevention and civic education to the modernization of investigation and repression mechanisms. The strategy reinforced the need for a broad and unrestricted approach, involving all sectors of society – public and private – in building a culture of integrity and transparency.
The National Anti-Corruption Mechanism
The creation of a centralized and specialized body to combat corruption in Portugal was not an easy process to achieve consensus on, despite a long-recognized need for an agency with the authority and autonomy to act decisively, given the transversal and complex nature of the phenomenon. The existing institutions, while important, collectively lacked the necessary coordination capacity and scope for an integrated and effective response.
Following a period of discussion and legislative preparation in this context, MENAC was formally created by Executive Order #109-E/2021, of December 9. This statute established MENAC as an independent administrative entity, endowed with legal personality under public law and, crucially, autonomy.
Its primary mission, from the outset, has been to promote transparency and integrity in public action, ensuring the effectiveness of policies to prevent corruption and related offenses. By designing it as an independent entity, the legislator aimed to ensure that MENAC could operate without undue political pressure, focusing on its technical and specialized mission.
Despite the good intentions and the initial legal framework, MENAC's early operations were not without challenges. Its organizational structure, although innovative, proved in some aspects insufficient to address the magnitude and complexity of combating corruption. These operational challenges limited its ability to function to its full potential, highlighting the need for an in-depth reassessment and consequent restructuring. The limitations were varied: from insufficient human and financial resources, to a decision-making model that could be seen as less robust, or a lack of clarity in some of its competencies and its position within the broader Portuguese institutional landscape.
The effectiveness of an organization like MENAC depends critically on its ability to mobilize resources, exercise full autonomy, and ensure fluid interaction with other entities involved in the prevention and repression of corruption and related crimes. Thus, the recognition of these gaps motivated the Portuguese government to intervene once more, resulting in the approval of a new standard in 2025 that would substantially strengthen MENAC's role and capacity.
Executive Order No. 70/2025 and the Consolidation of MENAC
In response to the identified difficulties and with the aim of providing the country with a truly robust anti-corruption mechanism, the Portuguese Government approved Executive Order #70/2025, of April 29. This legislation represented a significant revision of Executive Order #109-E/2021, aiming to reinforce MENAC's autonomy, efficiency, and operational capacity. The changes introduced are profound and reflect a more accurate understanding of the requirements for an effective fight against corruption.
The changes promoted by Executive Order #70/2025 focus on four fundamental pillars: organizational restructuring, the granting of administrative and financial autonomy, the strengthening of competencies, and the creation of a dedicated staff. Each of these aspects is fundamental to MENAC's new phase:
MENAC's powers that were strengthened after the publication of the aforementioned Order are examined in detail below:
Main Future Challenges for MENAC
Despite the significant advances provided by Executive Order #70/2025, the fight against corruption is an ongoing and complex task, which faces both recurring and emerging challenges. The effectiveness of legislative reforms depends largely on their practical implementation and the ability of the involved bodies to adapt to new realities.
Below is an examination of the main challenges MENAC faces in combating corruption and related crimes in Portugal:
Therefore, it is possible to conclude that Executive Order #70/2025 was fundamental for the consolidation of MENAC in the fight against corruption in Portugal. The effective implementation of these measures is equally essential to strengthen citizens' trust in their institutions, attract investment, and ensure sustainable and equitable development for all. While the fight against corruption is a daily battle and there is still room for improvement, it is undeniable that Portugal has done its homework with the 2025 adjustments and has solidly paved the way for a more robust defense against corruption.
