Español Português

You are here

Incompatibilities and impediments of senior public officeholders

According to Law No. 64/93 of 26 August 1993 (Legal regime governing incompatibilities and impediments of political officeholders and senior public officeholders), it is incumbent on the Prosecutor General’s Office to monitor the legal regime governing incompatibilities and impediments of senior public officeholders.

Law No. 64/93 states that the said officeholders must deposit a declaration of absence of incompatibilities and impediments with the Prosecutor General’s Office within the sixty days after they take office. The said declaration must contain all the elements needed to verify compliance with the provisions of the law, namely the list of all professional offices, functions and activities exercised by the declarer, together with any shareholdings s/he possesses [articles 11 and 10(1)].

Under the terms of this Law — as well as of Law No. 2/2004 of 15 January 2004 [Statute of the Managerial Staff of Services and Bodies pertaining to the State Central, Regional and Local Administration], of Decree-Law No. 71/2007 of 27 March 2007 [Public Manager Statute], of the Regional Decree No. 12/2008/A of 19 May 2008 [Regional Public Manager Statute (of Açores)] and of the Regional Legislative Decree No. 12/2010/M of 5 August 2010 [Statute of the Public Manager of Public Companies located in the Autonomous Region of Madeira] — senior officeholders are bound to deposit the declaration of absence of incompatibilities and impediments, in particular:

  • The members of an independent public entity provided for in the Constitution or in the law, who holds a full-time-attendance office
  • Holders of senior managerial offices in the State central, regional and local Administration or equivalent thereto
  • Holders of administration or management bodies for companies pertaining to the State, regional and local corporate sectors
  • Members of the boards of directors of public institutes
  • Members of independent regulatory authorities
  • Members of the boards of directors of public foundations