The government this afternoon clarified the conditions under which members of the government may or may not be prevented from participating in public procurement laws.
Although it can be interpreted that the “note to the media” of the cabinet of Minister Mariana Vieira da Silva (Minister of State and of the Presidency of the Council of Ministers) has to do with the situation of Minister of Infrastructure, Pedro Nuno Santos, the truth is that it doesn’t refer to anyone specifically.
Yesterday, the Observer reported that the minister is being hit by the law of incompatibilities and may even be forced to leave the government, as he owns, with his father, a company, Temacal, which signed a contract for 19 thousand euros, by adapting directly , with a government agency, the vocational training center for the footwear industry.
Without referring specifically to the case of the Minister – that is, speaking only of “possible situations of impediment in relation to members of the government” – Mariana Vieira da Silva’s office clarifies that the case law established by the Advisory Council of the Public Ministry (CC-PGR) states that the impediment of members of the government to participate in public procurement only occurs when these contracts are located in the area under the supervision of the government official.
“It is recalled that the Advisory Board of the Prosecutor General’s Office clarified on 19 September 2019 that such impediment applies only to procedures related to public procurement or which are conducted under the direction, supervision or merit supervision of the body of the State in which the political office holder exercises functions (roughly, within the scope of the respective Ministry)”, the note reads.
He adds: “This aspect – central to understanding the duties to which members of government are subject and the restrictions on the freedom of economic initiative of their family members – despite being widely known in 2019 and by the media was distributed, , unfortunately omitted in the news produced in this regard.”
The government reaffirms that the opinion, which is old and refers to a 1993 law, remains current as the current law (as of 2019) has not amended it on that point.
“Although the opinion was issued on the basis of Law No. 64/93, of 26 August, Law No. The above-mentioned Opinion of the Advisory Council of the PGR was issued, which thus remains fully current, as the opinion itself confirms, as the new law was already known at the time of its unanimous approval.”
At the beginning of the note, the government recalls the general conditions under which members of the government may not participate in public procurement laws.
– They cannot participate individually in these acts;
– neither “commercial companies owned by them in a percentage greater than 10 percent or whose share capital exceeds 50 thousand euros”;
– The same impediment is “extended to commercial companies whose share capital above these limits is held by their spouse, in an actual relationship, ascending or descending to any degree (parents, grandparents, children, grandchildren, etc.) and collateral to the 2nd degree (siblings)”.
Minister Vieira da Silva’s note comes hours after the cabinet of Minister Pedro Nuno Santos, given the news of the observer, assured that he was not in a situation of incompatibility.
“What is now at stake, as in the previous news, are contracts signed by entities covered by the Code of Public Contracts and Temacal-Equipamentos Industriais, SA, a company whose share of the Minister of Infrastructure and Housing is limited is up to 1% and is less than 50,000 euros, and therefore does not fall under the obstacle provided for in paragraph 2 of Article 9 of the Act No. high public functions”, reads a note issued by the cabinet of the minister and to Lusa was sent.
“It is important to note that in cases where the holdings are not owned by the holder itself, they should only be relevant when referring to tenders opened or under the direction, supervision or tutelage of the State body. in which the holder of a political office holds a position, which is not the case with the Vocational Training Center for the Footwear Industry, and any question of incompatibility related to the questions raised is immediately endangered,” stressed the ministry of Pedro Nuno Santos .
The ministry also recalled that “by prohibiting participation in all public tenders by companies owned by relatives of political office holders, it would disproportionately violate the freedom of private economic initiative, ultimately implying its unconstitutionality – for violation of member 2 of Article 18 of the Constitution of the Portuguese Republic”.
Source: DN
